Case 4:13-cv-00342-KGB Document 10 Filed 08/15/13 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS

P. S. PRODUCTS, INC., and BILLY PENNINGTON, Individually

PLAINTIFFS

v.

Civil Action No. 4:13-cv-342-KGB

ACTIVISION BLIZZARD, INC., ACTIVISION PUBLISHING, INC., and TREYARCH CORPORATION. PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

DEFENDANTS

Pursuant to Rule 15 of the Federal Rules of Civil Procedure, the Plaintiffs, by its attorneys, the Stewart Law Firm, states the following in support of its Motion for Leave to File Amended Complaint and Brief: 1. 2. 3. 4. Plaintiffs filed their Complaint in this action on June 5, 2013. Defendants filed a Motion to Dismiss on July 18, 2013. Plaintiffs Response is due on August 16, 2013 and will file said Response. Plaintiffs wish to amend their Complaint to include the claim for Unfair

Competition, Violation of the Deceptive Trade Practices Act and Infringement of Common Law Trademark. Please see Exhibit A. 5. It has become clear to the Plaintiffs through the responsive pleadings that have

been filed that the Defendants in violation of Unfair Competition by Misappropriation, Arkansass Deceptive Trade Practices Act and have infringed on the Plaintiff common law trademark.

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6.

The paramount facts of this case revolve around the Defendants offering for sale

video games that contain illegal images of the Plaintiffs patented design and common law trademark. 7. If the Plaintiffs are not granted leave to amend their complaint it would prevent

the Plaintiff from filing a new action to preserve their claims. 8. 9. of this matter. 10. 10. 11. 12. 13. Granting leave will not delay the trial. Justice requires that leave be given to amend this complaint. The Plaintiff has not previously amended its complaint. Accordingly, Plaintiffs Motion should be granted. A copy of a proposed Amended Complaint is attached hereto as Exhibit A. If leave is granted justice will be served. The Amended Complaint will not prejudice Defendants in any way or delay trial

WHEREFORE, Plaintiffs prays that the Court grant its Motion and provide it with all other appropriate relief. Dated: August 15, 2013 STEWART LAW FIRM /s/ Chris H. Stewart By: Chris H. Stewart Ark. Bar No. 03-222 Attorney for Plaintiffs 904 Garland Street Little Rock, AR 72201 Phone: 501-353-1364 Fax: 501-353-1263 Email: arklaw@comcast.net

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CERTIFICATE OF SERVICE I, the undersigned, hereby certify that the foregoing was electronically filed with the Clerk which shall send notification of such filing to the following: Richard Glasgow bglasgow@wlj.com

On this 15th day of August, 2013.

By: /s/ Chris H. Stewart Chris H. Stewart

Case 4:13-cv-00342-KGB Document 10-1 Filed 08/15/13 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS

P. S. PRODUCTS, INC., and BILLY PENNINGTON, Individually

PLAINTIFFS

v.

Civil Action No. 4:13-cv-342-KGB

ACTIVISION BLIZZARD, INC., ACTIVISION PUBLISHING, INC., and TREYARCH CORPORATION.

DEFENDANTS

FIRST AMENDED COMPLAINT TO THE HONORABLE UNITED STATES DISTRICT COURT: COMES NOW the Plaintiffs, P.S. Products, Inc., and Mr. Billy Pennington, individually, hereafter Plaintiffs, by and through its attorney, Chris H. Stewart of the Stewart Law Firm, files this First Amended Complaint against the Defendants, Activision Blizzard, Inc., Activision Publishing, Inc., and Treyarch Corporation, hereafter Defendants, herein states: JURISDICTION AND VENUE 1. This Court retains subject matter jurisdiction as patent infringement raises a

federal question and is proper under 28 U.S.C. 1331. 2. Pursuant to 28 U.S.C. 1391, venue in this suit lies in the Eastern District of

Arkansas because the actions which gave rise to the claims presented in this complaint occurred in Little Rock, Arkansas, within the Eastern District of Arkansas. 3. Additionally, the Eastern District of Arkansas has personal jurisdiction of the

Defendants. Defendants have maintained substantial, continuous and systematic contacts with the state of Arkansas through its business dealings with customers. Defendants marketed its

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products to retail customer in the state of Arkansas.

Specifically, the Defendants have

committed acts of infringement in violation of 35 U.S.C. 271 by offering for sale and providing to customers in the state of Arkansas the video game Call of Duty, Black Ops II., which contains illegal images of the Plaintiffs United States Letters Patent No. US D561, 294 S. Call of Duty, Black Ops II was the highest revenue producing video game in 2012 and the Defendants should reasonably expect to be subject to the Courts in the state of Arkansas. Moreover, Activision Blizzard, Inc., exercises sufficient control over Activision Publishing, Inc, and Treyarch Corporation. 4. Additionally, The Eastern District of California has personal jurisdiction of the

Defendants because, among other things, Defendants is engaged in tortuous conduct within the state of Arkansas and in this District, including placing into commerce products that contain illegal images that embody the Plaintiffs patent. PARTIES RELEVANT TO ALL CLAIMS 5. This action is brought by P.S. Products, Inc., and its president, Mr. Billy

Pennington, manufacturers of stun guns and other personal security devices, organized within the state of Arkansas with its principal headquarters at 3120 Joshua Street, Little Rock, AR 72204. 6. The Defendant, Activision Blizzard, Inc., is a corporation organized existing in

the state of Delaware with its principal place of business at 3100 Ocean Park Boulevard, Santa Monica, California with business activities throughout the United States, on the World Wide Web and specifically in the state of Arkansas. 7. The Defendant, Activision Publishing, Inc., is a corporation organized existing in

the state of Delaware with its principal place of business at 3100 Ocean Park Boulevard, Santa

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Monica, California with business activities throughout the United States, on the World Wide Web and specifically in the state of Arkansas. 8. The Defendant, Treyarch Corporation is a corporation organized existing in the

state of Delaware with its principal place of business at 3420 Ocean Park Boulevard, Santa Monica, California with business activities throughout the United States, on the World Wide Web and specifically in the state of Arkansas. FACTS APPLICABLE TO ALL CLAIMS 9. The Plaintiffs specialize in the manufacture and distribution of stun guns, stun

devices, gun cleaning kits, and other personal protection devices. 10. The Plaintiffs market and sell its patented products through trade specialty shows,

sales associates, retail stores, catalogs and through internet distribution throughout the United States. 11. On February 5, 2008, United States Letters Patent No. US D561, 294 S, (hereafter

US D561, 294 S) was issued to the Plaintiffs for a design invention for a stun gun. 12. The Plaintiffs have owned the patent No. US D561, 294 S throughout the period

of the Defendants infringing acts and still owns the patent. 13. 14. The Plaintiffs products are one of a kind. The Plaintiffs designs are its own intellectual property. No goods of this design

existed prior to the Plaintiffs designs and patents. 15. States. 16. design patent. The Plaintiffs product, the Zap Blast Knuckle embodies the US D561, 294 S The Plaintiffs are the only holder of patents on products of this kind in the United

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17.

When the Zap Blast Knuckle is operated by a user it produces a 950,000 volt

electrical shock. 18. 19. products. 20. The Plaintiffs have complied with the statutory requirement of placing a notice of A user holds the Zap Blast Knuckle as if holding a pair of brass knuckles. The Zap Blast Knuckle is one of the Plaintiffs most sought after and sold

the Letters of Patent on all Stun Guns. 21. 22. 23. 24. There is no prior art to this design. The Plaintiffs have used the design exclusively since February 5, 2008. The Plaintiffs have what is constituted as a common law trademark. On information and belief the Plaintiffs learned that the Defendants video game,

Call of Duty, Black Ops II, for platforms, Xbox, PlayStation 3, Wii and MICROSOFT WINDOWS, contain illegal images that embody the Plaintiffs US D561, 294 S patent. 25. On information and belief, Activision Blizzard, Inc., is a worldwide online, PC,

console, handheld and mobile video game publisher and transacts substantial business, either directly or through their agents on an ongoing basis in this judicial district. 26. On information and belief, Activision Publishing, Inc., is a wholly owned

subsidiary of Activision Blizzard, Inc., and transacts substantial business, either directly or through their agents on an ongoing basis in this judicial district. 27. On information and belief, Treyarch Corporation is a wholly owned subsidiary of

Activision Blizzard, Inc., and transacts substantial business, either directly or through their agents on an ongoing basis in this judicial district.

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28.

On information and belief, Activision Publishing, Inc., has offered and sold, and

continues to offer and sell, in this judicial district the video game Call of Duty, Black Ops II. 29. On information and belief, Activision Blizzard, Inc., is actively involved in the

management and control of Activision Publishing, Inc., pertaining to the offer for sale and sale of the video game Call of Duty, Black Ops II. 30. On information and belief, Activision Publishing, Inc., holds itself out as the

owner of the video game Call of Duty, Black Ops II and its intellectual property. 31. On information and belief, Treyarch Corporation holds itself out as the developer

of the video game Call of Duty, Black Ops II and its intellectual property. 32. On information and belief, Activision Blizzard, Inc., represents Activision

Publishing, Inc., to be one of its operating segments and that the Call of Duty, Black Ops II franchise has generated over $1 billion in revenues to date. 33. On information and belief, the Defendants video game, Call of Duty, Black Ops

II was the highest grossing sold video game in 2012. 34. Activision Blizzard, Inc., Activision Publishing, Inc., and Treyarch Corporation

are collectively referred to herein as Defendants, and unless specifically stated otherwise, the acts complained of herein were committed by, and on behalf, and/or for the benefit of all of the Defendants. 35. The Defendants have sold and continue to sell Call of Duty, Black Ops II, for

platforms, Xbox, PlayStation 3, Wii and MICROSOFT WINDOWS, hereafter, (platforms) that contain illegal images that embody the Plaintiffs US D561, 294 S patent at retail locations and on the world wide web throughout the United States.

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36.

In the video game Call of Duty, Black Ops II on and in all platforms a player, via

an avatar, may access weapons called the Combat Suppression Knuckles or Galvaknuckles via icons that are illegal images that embody the Plaintiffs US D561, 294 S patent. 37. Additionally, the weapons, Combat Suppression Knuckles or Galvaknuckles, that

a player may access through the icons are an illegal copy of the Plaintiffs US D561, 294 S patent. 38. In the video game Call of Duty, Black Ops II when a player via an avatar, uses the

weapons called Combat Suppression Knuckles or Galvaknuckles it emits an electrical shock representing in reality the shock volts produced by the Plaintiffs product Zap Blast Knuckle that embodies the Plaintiffs US D561, 294 S patent. 39. In the campaign mode of Call of Duty, Black Ops II, these knuckles appear in the

levels Karma and Odysseus. 40. In the campaign mode of Call of Duty, Black Ops II, a player may use the access

kit perk on these levels, an icon will appear indicating there is a weapons cache available. After opening the case, the player will immediately see illegal images that embody the Plaintiffs US D561, 294 S patent. 41. the campaign. 42. Galvaknuckles must be purchased in zombie mode. In the game play a player The Combat Suppression Knuckles also appear in the strike force portions of

may acquire the Galvaknuckles by an access through icons that are an illegal copy of the Plaintiffs product Zap Blast Knuckle that embodies the Plaintiffs US D561, 294 S patent.

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43.

The icons that are an illegal copy of the Plaintiffs product Zap Blast Knuckle

that embodies the Plaintiffs US D561, 294 S patent are found in each of the zombie levels: Tranzit, Farm, Town, Nuketown Zombies, and Die Rise. 44. Illegal images that embody the Plaintiffs US D561, 294 S are contained in the

Defendants video game Call of Duty, Black Ops II for platform Xbox stock-keeping unit number 5119975 45. Illegal images that embody the Plaintiffs US D561, 294 S are contained in the

Defendants video game Call of Duty, Black Ops II for platform PlayStation 3 stock-keeping unit number 5119939.. 46. Illegal images that embody the Plaintiffs US D561, 294 S are contained in the

Defendants video game Call of Duty, Black Ops II for platform Wii stock-keeping unit number 6847331. 47. Illegal images that embody the Plaintiffs US D561, 294 S are contained in the

Defendants video game Call of Duty, Black Ops II for platform MICROSOFT WINDOWS stock-keeping unit number 5120025. 48. 49. 50. The Defendants actions have violated 35 U.S.C. 271. The Defendants, intentionally, willfully, and wantonly violated 35 U.S.C. 271. The Defendants without authority placed in the stream of commerce and offered

to sell, the video game Call of Duty, Black Ops II which contains illegal images that embody the Plaintiffs US D561, 294 S patent at retail locations and on the world wide web throughout the United States. 51. The Defendants without a licensed from the Plaintiffs placed in the stream of

commerce and offered to sell, the video game Call of Duty, Black Ops II which contains illegal

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images that embody the Plaintiffs US D561, 294 S patent at retail locations and on the world wide web throughout the United States. 52. The Defendants have infringed and are still infringing the Letters of Patents Nos.

US D561, 294 S by selling the video game Call of Duty, Black Ops II which contains illegal images that embody the Plaintiffs US D561, 294 S patent at retail locations and on the world wide web throughout the United States and the Defendants will continue to do so unless enjoined by this Court. 53. The Defendants have been on constructive notice No. US D561, 294 S patent by

at least as early as February 5, 2008 when the patent was issued. Nevertheless, the Defendants have infringed and continues to infringe the US D561, 294 S patent. 54. The Defendants acts are likely to cause confusion, mistake or deception among

purchasers and potential purchasers of the video games bearing the illegal copies of the Plaintiffs design. Purchasers and potential purchasers are likely to believe that illegal images in the Defendants video game originate from, or are in some way properly connected with, approved, sponsored and endorsed by the Plaintiffs. COUNT I PATENT INFRINGEMENT 55. Plaintiffs incorporate by reference each and every averment contained in

paragraphs 1 through 54 of the Plaintiffs Complaint, inclusive. 56. On February 5, 2008 United States Patent No. US D561, 294 S was duly and

legally issued to the Plaintiffs for a design invention for a Stun Gun. The Plaintiffs are the sole and exclusive owner of the US D561, 294 S patent and holds all rights and interests in the US D561, 294 S patent. Among other things, the Plaintiffs holds the sole and exclusive rights to

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manufacture, use, sell, import and offer to sell under the US D561, 294 S patent and the right to enforce the US D561, 294 S patent against alleged infringers. 57. The Plaintiffs have complied with any applicable statutory notice requirements by

posting notice of the US D561, 294 S patent on its product, the Zap Blast Knuckle, that embodies the US D561, 294 S patent. 58. The Defendants have infringed and continues to infringe on the US D561, 294 S

patent by its manufacture, use, sale, importation, licensing and/or offer for sale of its Defendants video game Call of Duty, Black Ops II for platforms, Xbox, Wii, MICROSOFT WINDOWS and Playstation 3, that contain illegal images that embody the Plaintiffs US D561, 294 S patent. The Defendants also have infringed and continues to infringe one or more claims of the US D561, 294 S patent by contributing to and actively inducing others to use, sell, import, and/or offer for sale its video game Call of Duty, Black Ops II for platforms, Xbox, Wii, MICROSOFT WINDOWS and Playstation 3, that contain illegal images that embody the Plaintiffs US D561, 294 S patent. The Defendants are liable for its infringement of the US D561, 294 S patent pursuant to 35 U.S.C. 271. 59. The Defendants acts of infringement have caused damage to the Plaintiffs, and the

Plaintiffs are entitled to recover from the Defendants the damages they have sustained as a result of the Defendants wrongful acts in an amount subject to proof at trial. The Plaintiffs have owned the US D561, 294 S patent throughout the period of the Defendants infringing acts. The Defendants infringement of the Plaintiffs exclusive rights will continue to damage the Plaintiffs, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court.

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60.

The Defendants have been on constructive notice No. US D561, 294 S patent by

at least as early as February 5, 2008 when the patent was issued. Nevertheless, the Defendants have infringed and continues to infringe the US D561, 294 S patent. 61. Each such infringement by Defendants constitutes a separate and distinct act of

infringement. Defendants acts of infringement are willful, in disregard of and with indifference to the rights of the Plaintiffs. 62. As a direct and proximate cause of the infringement by Defendants, the Plaintiffs

are entitled to reasonable royalties that may be proper under 35 U.S.C. 284 in amounts to be proven at trial, entitlement to the Defendants profits that may be proper under 35 U.S.C. 289 in amounts to be proven at trial, enhanced damages as may be proper under 35 U.S.C. 284 and a reasonable attorneys fee pursuant to 35 U.S.C. 285. COUNT II UNFAIR COMPETITION 63. Plaintiffs incorporate by reference each and every averment contained in

paragraphs 1 through 54 of the Plaintiffs Complaint, inclusive. 64. On February 5, 2008 United States Patent No. US D561, 294 S was duly and

legally issued to the Plaintiffs for a design invention for a Stun Gun. The Plaintiffs are the sole and exclusive owner of the US D561, 294 S patent and holds all rights and interests in the US D561, 294 S patent. Among other things, the Plaintiffs holds the sole and exclusive rights to manufacture, use, sell, import and offer to sell under the US D561, 294 S patent and the right to enforce the US D561, 294 S patent against alleged infringers. 65. The Defendants offer for sale a video game Call of Duty, Black Ops II for

platforms, Xbox, Wii, MICROSOFT WINDOWS and Playstation 3, that contain illegal images that embody the Plaintiffs US D561, 294 S patent.

10

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66.

The Defendants acts are likely to cause confusion, mistake or deception among

purchasers and potential purchasers of the video games bearing the illegal copies of the Plaintiffs design. Purchasers and potential purchasers are likely to believe that illegal images in the Defendants video game originate from, or are in some way properly connected with, approved, sponsored and endorsed by the Plaintiffs. 67. The confusion, mistake or deception referred to herein arises out the aforesaid

acts of the Defendants which constitute misappropriation and unauthorized use of the Plaintiffs design or intangible asset. 68. Upon information and belief the aforesaid act were undertaken willfully and with

the intention of causing confusion, mistake and deception. 69. The Defendants misappropriation of the Plaintiffs exclusive rights will continue

to damage the Plaintiffs, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. 70. The Defendants have been on constructive notice No. US D561, 294 S patent by

at least as early as February 5, 2008 when the patent was issued. Nevertheless, the Defendants have infringed and continues to infringe the US D561, 294 S patent. 71. Each such misappropriation by Defendants constitutes a separate and distinct act

of unfair competition and is willful, in disregard of and with indifference to the rights of the Plaintiffs. 72. The Plaintiffs have no adequate remedy at law. COUNT III DECEPTIVE TRADE PRACTICES 73. Plaintiffs incorporate by reference each and every averment contained in

paragraphs 1 through 54 of the Plaintiffs Complaint, inclusive.

11

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74.

On February 5, 2008 United States Patent No. US D561, 294 S was duly and

legally issued to the Plaintiffs for a design invention for a Stun Gun. The Plaintiffs are the sole and exclusive owner of the US D561, 294 S patent and holds all rights and interests in the US D561, 294 S patent. Among other things, the Plaintiffs holds the sole and exclusive rights to manufacture, use, sell, import and offer to sell under the US D561, 294 S patent and the right to enforce the US D561, 294 S patent against alleged infringers. 75. The Defendants offer for sale a video game Call of Duty, Black Ops II for

platforms, Xbox, Wii, MICROSOFT WINDOWS and Playstation 3, that contain illegal images that embody the Plaintiffs US D561, 294 S patent. 76. The Defendants acts are likely to cause confusion, mistake or deception among

purchasers and potential purchasers of the video games bearing the illegal copies of the Plaintiffs design. Purchasers and potential purchasers are likely to believe that illegal images in the Defendants video game originate from, or are in some way properly connected with, approved, sponsored and endorsed by the Plaintiffs. 77. The confusion, mistake or deception referred to herein arises out the aforesaid

acts of the Defendants which constitute misappropriation and unauthorized use of the Plaintiffs design or intangible asset are in violation of Arkansas Deceptive Trade Practices Act under Arkansas Code Annotated 4-88-107. 78. Upon information and belief the aforesaid act were undertaken willfully and with

the intention of causing confusion, mistake and deception. 79. The Defendants misappropriation of the Plaintiffs exclusive rights will continue

to damage the Plaintiffs, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court.

12

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80.

The Defendants have been on constructive notice No. US D561, 294 S patent by

at least as early as February 5, 2008 when the patent was issued. Nevertheless, the Defendants have infringed and continues to infringe the US D561, 294 S patent. 81. Each such misappropriation by Defendants constitutes a separate and distinct

violation of the Arkansas Deceptive Trade Practices Act and is willful, in disregard of and with indifference to the rights of the Plaintiffs. 82. The Plaintiffs have no adequate remedy at law. COUNT IV COMMON LAW TRADEMARK INFRINGEMENT 83. Plaintiffs incorporate by reference each and every averment contained in

paragraphs 1 through 54 of the Plaintiffs Complaint, inclusive. 84. On February 5, 2008 United States Patent No. US D561, 294 S was duly and

legally issued to the Plaintiffs for a design invention for a Stun Gun. The Plaintiffs are the sole and exclusive owner of the US D561, 294 S patent and holds all rights and interests in the US D561, 294 S patent. Among other things, the Plaintiffs holds the sole and exclusive rights to manufacture, use, sell, import and offer to sell under the US D561, 294 S patent and the right to enforce the US D561, 294 S patent against alleged infringers. 85. The Plaintiffs design is one of a kind and no other prior art existed to the

Plaintiffs design. 86. 87. The Plaintiffs have exclusively used the design since February 5, 2008. The Plaintiffs are the rightful and legal owners of a common law trademark of

their unique design. 88. The Defendants have infringed and continues to infringe on the common law

trademark by its manufacture, use, sale, importation, licensing and/or offer for sale of its

13

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Defendants video game Call of Duty, Black Ops II for platforms, Xbox, Wii, MICROSOFT WINDOWS and Playstation 3, that contain illegal images that embody the Plaintiffs common law trademark. 89. The Defendants acts are likely to cause confusion, mistake or deception among

purchasers and potential purchasers of the video games bearing the illegal copies of the Plaintiffs design. Purchasers and potential purchasers are likely to believe that illegal images in the Defendants video game originate from, or are in some way properly connected with, approved, sponsored and endorsed by the Plaintiffs. 90. The confusion, mistake or deception referred to herein arises out the aforesaid

acts of the Defendants which constitute common law trademark infringement. 91. The Defendants acts of infringement have caused damage to the Plaintiffs, and the

Plaintiffs are entitled to recover from the Defendants the damages they have sustained as a result of the Defendants wrongful acts in an amount subject to proof at trial. The Plaintiffs have owned the common law trademark throughout the period of the Defendants infringing acts. The Defendants infringement of the Plaintiffs exclusive rights will continue to damage the Plaintiffs, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by this Court. 92. Each such infringement by Defendants constitutes a separate and distinct act of

infringement. Defendants acts of infringement are willful, in disregard of and with indifference to the rights of the Plaintiffs. Therefore, the Plaintiffs demand:

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PRAYER FOR RELIEF WHEREFORE, Plaintiffs prays for judgment against Defendants, as follows: A. Judgment against the Defendants declaring that the Defendants actions directly

infringe on the Plaintiffs patents No. US D561, 294 S, that the Defendants are in violation of unfair competition, that the Defendants are in violation of Arkansass Deceptive Trade Practices Act, and that Defendants have infringed on the Plaintiffs common law trademark; B. Plaintiffs reasonable royalties that may be proper under 35 U.S.C. 284 in

amounts to be proven at trial; C. Plaintiffs entitlement to the Defendants profits with respect to each patent

infringement in amounts to be proven at trial; D. Enhanced damages that may be proper under 35 U.S.C. 284 with respect to each

patent infringement for the Defendants willful infringement; E. A declaration that the Plaintiffs case against the Defendants is an exceptional

case pursuant to 35 U.S.C. 285 and therefore subject to attorneys fees; F. Plaintiffs entitlement to the Defendants profits with respect to each patent

infringement pursuant to 35 U.S.C. 289; G. H. An award of costs and attorneys fee to the Plaintiffs; and, Such other relief as the Court deems just and reasonable.

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DEMAND FOR A JURY TRIAL Plaintiffs demand a trial by jury as to all claims averred herein that are triable by jury. Dated: August 15, 2013 STEWART LAW FIRM __________________________ By: Chris H. Stewart Ark. Bar No. 03-222 Attorney for Plaintiffs 904 Garland Street Little Rock, AR 72201 Phone: 501-353-1364 Fax: 501-353-1263 Email: arklaw@comcast.net

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CERTIFICATE OF SERVICE I, the undersigned, hereby certify that the foregoing was electronically filed with the Clerk which shall send notification of such filing to the following: Richard Glasgow bglasgow@wlj.com

On this 15th day of August, 2013.

By: /s/ Chris H. Stewart Chris H. Stewart

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