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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ---------------------------------------------------------------x ) ) CLOCKWORK, INC. d/b/a CLOCKWORK ) HOME SERVICES, ELECTRICIANS SUCCESS ) INTERNATIONAL, LLC, CLOCKWORK IP, ) LLC, and MISTER SPARKY FRANCHISING, ) LLC, ) ) Plaintiffs, ) ) ) v. ) ) H.O. ELECTRIC and HOWARD S. OVEN, ) ) Defendants. ) ) ) ---------------------------------------------------------------x

Civil Action No.

COMPLAINT

Plaintiffs Clockwork, Inc. d/b/a Clockwork Home Services, Electricians Success International, LLC, Clockwork IP, LLC, and Mister Sparky Franchising, LLC (collectively Electricians Success or Plaintiffs), by their attorneys, Baker Botts L.L.P., and for their Complaint against the above-named defendants H.O. Electric and Howard S. Oven (hereinafter H.O. Electric or Defendants), allege as follows: SUMMARY OF THE COMPLAINT This is an action for trademark infringement, unfair competition, and related Massachusetts statutory and common law claims. On information and belief, H.O. Electric has blatantly, willfully and repeatedly infringed Electricians Success trademarks, namely,

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AMERICAS ON-TIME ELECTRICIANS, SERVICE IN HOURS NOT DAYS and WAREHOUSE ON WHEELS. Electricians Success claims stem from H.O. Electrics unauthorized use of marks in connection with Defendants electrical contracting business, H.O. Electric that are confusingly similar to Plaintiffs trademarks. Representative examples of H.O. Electrics

impermissible uses of such marks are attached hereto as Exhibit 1. Electricians Success has demanded on several occasions that H.O. Electric cease its egregious, intentional and willful infringement of Electricians Success trademarks. H.O. Electric has failed to comply with the reasonable and lawful demands of Electricians Success. On information and belief, H.O.

Electric has intentionally and willfully infringed Electricians Success trademarks for purposes of deceiving and confusing consumers for its own financial gain. Electricians Success claims against H.O. Electric arise under the United States Trademark (Lanham Act of 1946) Laws and under Massachusetts statutory and common law. As a result of H.O. Electrics willful misappropriation, violation and infringement of Electricians Success trademarks, there is a significant likelihood that consumers will be confused, deceived or mistaken as to the source of the services they are purchasing, which will cause irreparable harm and injury to Electricians Success, its business, reputation and intellectual property. Electricians Success, therefore, seeks a permanent injunction, and the recovery of actual damages, treble damages, profits, punitive damages, costs, attorneys fees and other relief as set forth more fully below. THE PARTIES 1. Plaintiff Clockwork, Inc. d/b/a Clockwork Home Services (Clockwork),

a Delaware corporation having a place of business at Plaza Five Points, 50 Central Avenue, Suite

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920, Sarasota, Florida 34236, is a company that focuses on improving the operations, efficiency, customer service and profitability of contractors in the home services industry in North America through affinity group memberships and nationally branded franchises such as Benjamin Franklin Plumbing, Mister Sparky, and others. 2. Plaintiff Electricians Success International LLC (ESI), a Florida limited

liability company, having a place of business at Plaza Five Points, 50 Central Avenue, Suite 920, Sarasota, Florida 34236, is a wholly owned subsidiary of Clockwork. After members enter into a member agreement, ESI grants its members a limited license to use, at the members own choice and option, certain business tools in connection with the members businesses. 3. Plaintiff Clockwork IP, LLC (Clockwork IP), a Delaware limited

liability company and a wholly owned subsidiary of Clockwork, having a place of business at Plaza Five Points, 50 Central Avenue, Suite 920, Sarasota, Florida 34236, was assigned, effective as of January 7, 2009, all the rights in and to all of ESIs trademarks, and the registrations thereto, including the marks AMERICAS ON-TIME ELECTRICIANS, SERVICE IN HOURS NOT DAYS and WAREHOUSE ON WHEELS. Clockwork, ESI and Clockwork IP are related companies, and use of the aforesaid marks by Clockwork and ESI is authorized and permitted by Clockwork IP. 4. Plaintiff Mister Sparky Franchising, LLC (MSF), a Delaware

corporation having a place of business at Plaza Five Points, 50 Central Avenue, Suite 920, Sarasota, Florida 34236, is a company that focuses on improving the operations, efficiency, customer service and profitability of contractors in the home services industry in North America through nationally branded franchises operating as Mister Sparky.

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5.

On information and belief, Defendant H.O. Electric is an electric

contracting firm owned by Howard S. Oven, having a place of business at 24 Leicester Road, Belmont, Massachusetts 02478. 6. On information and belief, Defendant Howard S. Oven is an individual

operating an electric contracting business under the name H.O. Electric, having a place of business at 24 Leicester Road, Belmont, Massachusetts 02478. On information and belief, Mr. Oven is the owner of H.O. Electric; he dominates, supervises, controls and/or operates the day to day operations of H.O. Electric, including the unlawful activities engaged in by H.O. Electric, and has a direct financial interest in such unlawful activities. On information and belief, Mr. Oven had knowledge of, directed, controlled, supervised and took action that contributed to the unlawful activities engaged in by H.O. Electric. On information and belief, Mr. Oven has dominated and controlled its finances, policies and business practices such that H.O. Electric is a mere alter ego of himself. As a result, on information and belief, Mr. Oven should be held liable individually, contributorily and/or vicariously for the unlawful conduct undertaken by H.O. Electric and its representatives, giving rise to the claims asserted in this Complaint. (Hereinafter the foregoing defendants H.O. Electric and Mr. Oven are referred to individually and/or collectively as H.O. Electric or Defendants.) SUBJECT MATTER JURISDICTION 7. The First and Second Causes of Action arise under the United States

Trademark (Lanham) Act of 1946, as amended, 15 U.S.C. 1051-1127. Subject matter jurisdiction in this Court over these causes of action is proper pursuant to Sections 39 and 44 of the Lanham Act, 15 U.S.C. 1121 and 1126, and 28 U.S.C. 1331 and 1338.

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8.

The Third through Fourth Causes of Action arise under Massachusetts

statutory and common law. Subject matter jurisdiction in this Court over these causes of action is proper pursuant to 28 U.S.C. 1338(b) and on the basis of supplemental jurisdiction. 9. The Court also has subject matter jurisdiction over Electricians Success

claims pursuant to 28 U.S.C. 1332 because the parties are of diverse citizenship and the amount in controversy exceeds the jurisdictional minimum. PERSONAL JURISDICTION AND VENUE 10. This Court has personal jurisdiction over Defendants because Defendants

have a place of business in and transact business in the state of Massachusetts and/or Defendants have engaged in tortious conduct in the State of Massachusetts and/or Defendants have caused injury to Plaintiffs in this jurisdiction. 11. Venue is proper in this Judicial District pursuant to 28 U.S.C. 1391(b). STATEMENT OF FACTS PLAINTIFFS BUSINESS 12. Electricians Success is in the business of improving the operations,

efficiency, customer service and profitability of electrical contractors in the home services industry in North America, in part, through affinity group memberships. 13. After entering into a member agreement with Electricians Success,

members obtain a limited license to use, at the members own choice and option, certain business tools to achieve greater success in their businesses. Plaintiffs have invested over $3 million in developing their proprietary business tools. 14. ESI has been in business, both within this judicial district and nationally,

since 2003, and as a result of its efforts, has become well and favorably known to members of

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the general public and the electrical contracting community for offering quality services and products to the residential electrical contracting industry. PLAINTIFFS TRADEMARKS 15. Electricians Success, through its predecessors in interest, has used the

mark AMERICAS ON-TIME ELECTRICIANS continuously since as early as 2006 in connection with its electrical contracting services, and Clockwork IP owns United States Registration No. 3,214,389 therefor, which registration is valid and subsisting; Electricians Success, through its predecessors in interest, has used the mark SERVICE IN HOURS NOT DAYS continuously since as early as 2004 in connection with its repair, maintenance and installation services, and owns United States Registration No. 3,019,424 therefor, which registration is valid and subsisting; Electricians Success has used the mark WAREHOUSE ON WHEELS continuously since as early as 2006 in connection with its repair, maintenance and installation services, and Clockwork IP owns United States Registration No. 3,318,962 therefor, which registration is valid and subsisting; Electricians Success has used the mark WAREHOUSE ON WHEELS continuously since as early as 2006 in connection with its electrical repair, maintenance, replacement and installation services, as well as its electrical contractor and contracting services, and Clockwork IP owns United States Trademark Application Serial No. 77/951,962 therefor, which has been approved for publication. Copies of the Certificates of the Registration issued by the United States Patent and Trademark Office or the application materials for these marks are attached hereto as Exhibits 2-5, respectively. Hereinafter Electricians Success foregoing names and marks, including those registered and/or used in commerce, are referred to individually and/or collectively as the ELECTRICIANS SUCCESS Marks.

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16.

Since 2003, Electricians Success has expended hundreds of thousands of

dollars in advertising and promoting its ELECTRICIANS SUCCESS Marks, business, services and products within the United States. During that same time, the ELECTRICIANS SUCCESS Marks have been extensively used, advertised and promoted by Electricians Success in interstate commerce throughout the United States, including, without limitation, within this judicial district. For example, these marks have been prominently presented by Electricians Success and its authorized licensees in advertisements, in forms, promotional literature, on business signs and in other ways customary in the industry and the trade. Electricians Success for many years has also maintained active sites on the Internet at www.clockworkhomeservices.com and www.youresi.com, which are operational twenty-four hours a day seven days a week, through which Plaintiffs promote their services and products, including those offered under or in connection with certain of the ELECTRICIANS SUCCESS Marks, particularly the mark AMERICAS ON-TIME ELECTRICIANS. A representative example of such use is attached hereto as Exhibit 6. 17. As a result of the care and skill exercised by Electricians Success in

promoting, advertising and offering its services and products, the supervision and control exercised by Electricians Success over the nature and quality of the services and products offered under the ELECTRICIANS SUCCESS Marks, and the extensive advertising, sale and public acceptance thereof, the ELECTRICIANS SUCCESS Marks, which are inherently distinctive, have become well and favorably known, if not famous, have acquired strong secondary meaning in the marketplace and symbolize the immense goodwill that Plaintiffs have created throughout the United States and within this judicial district.

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H.O. ELECTRICS BUSINESS 18. On information and belief, Defendants have been operating an electric

contracting business in Massachusetts under the name H.O. Electric for the past twenty (20) years. 19. H.O. Electric is not now and has never been affiliated with Plaintiffs.

Defendant has neither entered into a member agreement with plaintiff ESI, nor received any license or other grant of authority from Electricians Success to use any of the ELECTRICIANS SUCCESS Marks in connection with its business. H.O. ELECTRICS WRONGFUL CONDUCT 20. As discussed hereinabove, on information and belief, H.O. Electric has

used and continues to make use of marks and designations in connection with its electrical contracting business, including but not limited to, on its websites at www.hoelectric.com and www.ecofriendlyelectrician.com, which are likely to cause confusion with Plaintiffs ELECTRICIANS SUCCESS Marks. Printouts from H.O. Electrics websites showing representative examples of its use of marks and/or designations confusingly similar to the ELECTRICIANS SUCCESS Marks are attached hereto as Exhibit 1. 21. On November 23, 2009, after learning of H.O. Electrics infringing uses of

its intellectual property, Electricians Success sent a letter to H.O. Electric, at its place of business as identified on its website at www.hoelectric.com, putting Defendants on notice of Electricians Success rights and demanding that H.O. Electrics wrongful conduct cease. A true and correct copy of this letter is attached hereto as Exhibit 7. 22. conduct persisted. Electricians Success received no response to its letter, and the infringing

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23.

On March 12 and April 12, 2010, Electricians Success sent follow-up

letters to H.O. Electric again demanding that the infringing and violative conduct cease. True and correct copies of these letters are attached hereto as Exhibits 8 and 9. 24. On or around July 25, 2010, Electricians Success and H.O. Electric

entered into settlement discussions. Although Electricians Success has endeavored in good faith to reach a prompt and mutually beneficial resolution to the instant dispute, H.O. Electric has delayed the settlement discussions significantly by failing to discuss in any meaningful way or otherwise respond to or engage in settlement negotiations, which has caused the settlement discussions to drag on for many months now, and the infringing conduct persists to this day. 25. On information and belief, H.O. Electric has continued for many months

to make illegitimate use of marks and/or designations confusingly similar to the ELECTRICIANS SUCCESS Marks in connection with its business and on its websites at www.hoelectric.com and www.ecofriendlyelectrician.com, falsely suggesting that H.O. Electric is a member of, or in some way sponsored by or affiliated with Electricians Success when there is no connection whatsoever. See Exhibit 1. 26. On information and belief, H.O. Electrics wrongful use of marks and/or

designations confusingly similar to the ELECTRICIANS SUCCESS Marks in connection with its business was and is being undertaken deliberately, blatantly and willfully, with the knowledge that the use of the ELECTRICIANS SUCCESS Marks is likely to cause confusion, to cause mistake and to deceive consumers as to the existence and nature of the relationship between Electricians Success and H.O. Electric, and with utter indifference to the likely occurrence of such confusion, mistake or deception, thereby injuring Electricians Success and the ELECTRICIANS SUCCESS Marks while H.O. Electric profits from such deception.

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27.

In light of the importance of the ELECTRICIANS SUCCESS Marks to

Plaintiffs, H.O. Electrics unauthorized use of marks and designations confusingly similar to the ELECTRICIANS SUCCESS Marks in connection with its business and on its websites represents a serious threat to Electricians Success proprietary trademark rights and to its business. DEFENDANTS WILLFULNESS 28. As discussed above, Electricians Success has written to and otherwise

communicated with Defendants several times, including by letters dated November 23, 2009, March 12, 2010 and April 12, 2010, and in connection with subsequent settlement discussions. As a result of Electricians Success multiple communications to Defendants, H.O. Electric has been on notice that the actions of H.O. Electric constitute trademark infringement, as well as unfair competition, false advertising and false representation. 29. On information and belief, H.O. Electrics unauthorized and persistent use

of marks and/or designations confusingly similar to the ELECTRICIANS SUCCESS Marks is willful, in bad faith, with complete knowledge and notice and in utter disregard for Electricians Success trademark rights. DAMAGE TO ELECTRICIANS SUCCESS 30. On information and belief, the relevant public and the trade have likely

been confused, mistaken and deceived into wrongfully attributing Electricians Success as the source or sponsor of H.O. Electrics services and products as a result of H.O. Electrics unlawful use of marks and/or designations confusingly similar to the ELECTRICIANS SUCCESS Marks. Electricians Success, however, has no control over the quality of Defendants services or products.

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31.

Defendants actions as described above: (1) are likely to cause confusion,

mistake or otherwise deceive the relevant consumers, the trade or the public; (2) constitute a false designation of the origin of Defendants services or products; (3) suggest the existence of a connection between Defendants and Plaintiffs that is in fact non-existent; and (4) falsely suggest that Electricians Success has sponsored, licensed or approved of H.O. Electrics services or products. Such confusion, infringement and misappropriation of Plaintiffs ELECTRICIANS SUCCESS Marks will irreparably injure Electricians Success, its goodwill, business reputation and trademarks, including, but not limited to the ELECTRICIANS SUCCESS Marks. FIRST CAUSE OF ACTION (Federal Trademark Infringement Under The Lanham Act 32, 15 U.S.C. 1114(a)) 32. Electricians Success realleges and incorporates herein by reference the

allegations of paragraphs 1 through 31 of the Complaint as set forth above. 33. Electricians Success owns prior trademark rights in and to its

ELECTRICIANS SUCCESS Marks, including, AMERICAS ON-TIME ELECTRICIANS, SERVICE IN HOURS NOT DAYS and WAREHOUSE ON WHEELS, and has priority over Defendants because Electricians Success use and registration of its ELECTRICIANS SUCCESS Marks precede H.O. Electrics illegitimate use of the ELECTRICIANS SUCCESS Marks or any variant thereof. 34. On information and belief, H.O. Electrics advertising, marketing and sale

of services and products in connection with marks and/or designations confusingly similar to Plaintiffs ELECTRICIANS SUCCESS Marks, as alleged herein, was calculated to and/or is likely to deceive, mislead and confuse the relevant consumers, the trade and/or the public. Such action therefore constitutes trademark infringement in violation of Section 32(a) of the Lanham Act, 15 U.S.C. 1114(a). -11-

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35.

As a proximate result of the acts of Defendants as alleged herein,

Electricians Success has suffered great damage to its business, goodwill, reputation and profits, while H.O. Electric has profited from their wrongdoing at Electricians Success expense. 36. Electricians Success has no adequate remedy at law for the infringement

of its trademarks as alleged herein. Unless Defendants are permanently enjoined by the Court, Electricians Success will continue to suffer irreparable harm. SECOND CAUSE OF ACTION (Federal Unfair Competition Under the Lanham Act 43(a), 15 U.S.C. 1125(a)) 37. Electricians Success realleges and incorporates herein by reference the

allegations of paragraphs 1 through 36 of the Complaint as set forth above. 38. The ELECTRICIANS SUCCESS Marks, including AMERICAS ON-

TIME ELECTRICIANS, SERVICE IN HOURS NOT DAYS and WAREHOUSE ON WHEELS, are inherently distinctive and have become closely associated with and exclusively identify Electricians Success business and services. Indeed, Electricians Success owns prior trademark rights in and to its ELECTRICIANS SUCCESS Marks and has priority over Defendants because Electricians Success use and registration of the ELECTRICIANS SUCCESS Marks precede H.O. Electrics unauthorized use of the ELECTRICIANS SUCCESS Marks or any variant thereof. 39. On information and belief, by reason of H.O. Electrics unauthorized use

of marks and/or designations confusingly similar to the ELECTRICIANS SUCCESS Marks in connection with its business, including, but not limited to, the use at www.hoelectric.com and www.ecofriendlyelectrician.com, consumers are likely to believe that H.O. Electrics business and websites originated with, are sponsored or otherwise approved by, or are affiliated with

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Electricians Success, when in fact H.O. Electric has no connection with Electricians Success and is not approved, licensed or sponsored by Clockwork, ESI or Clockwork IP, or MSF. 40. On information and belief, H.O. Electrics unauthorized, misleading and

willful use of marks and/or designations or names confusingly similar to Plaintiffs ELECTRICIANS SUCCESS Marks constitutes: (i) (ii) (iii) (iv) (v) unfair competition/passing off; false designation of origin; false or misleading descriptions or representations of fact; trademark infringement; and false advertising

which is likely to cause confusion, or to cause mistake or to deceive consumers as to an affiliation, connection or association between Electricians Success and Defendants as to the origin, sponsorship or approval of H.O. Electrics services and commercial activities and/or the services in and affecting interstate commerce, all in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). 41. As a proximate result of the acts of Defendants as alleged herein,

Electricians Success has suffered and will continue to suffer great damage to its business, goodwill, reputation and profits, while H.O. Electric has profited at Electricians Success expense. 42. Electricians Success has no adequate remedy at law for H.O. Electrics

acts constituting unfair competition. Unless Defendants are permanently enjoined by the Court, Electricians Success will continue to suffer irreparable harm.

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THIRD CAUSE OF ACTION (Trademark Infringement and Unfair Competition Under Massachusetts Common Law) 43. Electricians Success realleges and incorporates herein by reference the

allegations of paragraphs 1 through 42 of the Complaint as set forth above. 44. Plaintiffs ELECTRICIANS SUCCESS Marks, including AMERICAS

ON-TIME ELECTRICIANS, SERVICE IN HOURS NOT DAYS and WAREHOUSE ON WHEELS, are each inherently distinctive when used in connection with its electrical repair, maintenance, installation and contracting services and products, and have become well and favorably known, if not famous, as a result of Electricians Success prominence in the marketplace and extensive advertising, promotion and sale of services and products under such marks. 45. Plaintiffs, through their predecessors in interest, have used the

ELECTRICIANS SUCCESS Marks for their services and products for many years. Such marks have become extensively known and associated in the minds of the public exclusively with Electricians Success business, services and products, and have acquired strong secondary meaning. 46. Electricians Success owns valid common law trademark rights in and to

the ELECTRICIANS SUCCESS Marks. 47. H.O. Electrics wrongful use of trademarks and service marks which

appropriate the ELECTRICIANS SUCCESS Marks constitutes a false designation of origin, false or misleading description of fact, and false or misleading representation of fact, and is likely to cause consumer confusion, deception and/or mistake.

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48.

H.O. Electrics wrongful actions constitute unfair competition and

trademark infringement in violation of Massachusetts common law. 49. As a proximate result of the actions of Defendants, Electricians Success

has suffered great damage to its intellectual property, business, goodwill, reputation and profits. 50. Electricians Success has no adequate remedy at law for such infringement

of its trademarks and unfair competition. Unless Defendants are permanently enjoined, Electricians Success will continue to suffer irreparable harm. FOURTH CAUSE OF ACTION (Unfair Competition Under General Laws of Massachusetts Chapter 93A, Sections 2, 11) 51. Electricians Success realleges and incorporates herein by reference the

allegations of paragraphs 1 through 50 of the Complaint as set forth above. 52. Plaintiffs ELECTRICIANS SUCCESS Marks, including AMERICAS

ON-TIME ELECTRICIANS, SERVICE IN HOURS NOT DAYS and WAREHOUSE ON WHEELS, are distinctive marks and have become associated with Plaintiffs and thus exclusively identify Plaintiffs business, services and products. 53. H.O. Electrics unauthorized, willful and knowingly unlawful, unfair and

deceptive trade practices, and other conduct described above, constitute unfair competition in violation of Sections 2 and 11 of the General Laws of Massachusetts Chapter 93A. 54. As a proximate result of the actions of Defendants, Electricians Success

has suffered great damage to its intellectual property, business, goodwill, reputation and profits. 55. Electricians Success has no adequate remedy at law for Defendants acts

constituting unfair competition. Unless Defendant is permanently enjoined, Electricians Success will continue to suffer irreparable harm.

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PRAYER FOR RELIEF WHEREFORE, Electricians Success prays for entry of judgment and for relief against Defendants, H.O. Electric and Howard S. Oven, as follows, that: 56. Defendants, H.O. Electric and Howard S. Oven, and their respective

agents, servants, employees and representatives and all other persons, firms or corporations in active concert or participation with them, be permanently enjoined and restrained from: (a) using any of the ELECTRICIANS SUCCESS Marks, or any other name or mark owned by Electricians Success, in a manner which is likely to cause confusion as to the source or sponsorship of Defendants business, websites, services or products; (b) using a domain name, trade name or trademark containing one or more of the ELECTRICIANS SUCCESS Marks or any variants thereof or marks confusingly similar thereto; and (c) operating, in any manner, a website or other offering, promotion or advertisement that utilizes the ELECTRICIANS SUCCESS Marks or any variants thereof or marks confusingly similar thereto; 57. Defendants shall account for and pay over to Electricians Success all

profits realized by their unlawful actions alleged hereunder; 58. Defendants, pursuant to 15 U.S.C. 1118, shall be ordered to deliver up

for destruction all materials, labels, signs, prints, wrappers, receptacles, articles, advertisements and promotional materials in their possession or control bearing the ELECTRICIANS SUCCESS Marks or referring thereto, and all computer programs, code and other means of making the same; 59. Defendants, pursuant to 15 U.S.C. 1116(a), shall be directed to file with

this Court and serve upon Electricians Success within thirty (30) days after entry of the injunction, a report in writing under oath, setting forth in detail the manner and form by which they have complied with the injunction; -16-

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60.

Electricians Success shall recover its damages sustained as a result of

Defendants unfair competition and infringement of the ELECTRICIANS SUCCESS Marks; 61. Electricians Success shall be awarded three times Defendants profits or

three times Electricians Success damages, whichever is greater, together with its reasonable attorneys fees, pursuant to 15 U.S.C. 1117(a) and (b); 62. This case be shall deemed an exceptional case pursuant to 15 U.S.C.

1117(a) and (b) and Electricians Success shall recover its reasonable attorneys fees expended in connection herewith; 63. Electricians Success shall be awarded punitive and exemplary damages

and under Massachusetts State law for Defendants willful and knowingly violative acts; 64. interest; and 65. entitled. Electricians Success shall recover such further relief to which it may be Electricians Success shall recover its costs of this action and prejudgment

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Respectfully submitted, Dated: August 24, 2011 CLOCKWORK HOME SERVICES, INC. ELECTRICIANS SUCCESS INTERNATIONAL, LLC CLOCKWORK IP, LLC /s/ Daniel J. Cloherty Daniel J. Cloherty (BBO #565772) COLLORA LLP 600 Atlantic Avenue - 12th Floor Boston, Massachusetts 02210-2211 Tel: (617) 371-1000 Fax: (617) 371-1037 OF COUNSEL: Paul J. Reilly Lauren Beth Emerson BAKER BOTTS L.L.P. 30 Rockefeller Plaza New York, New York 10112-4498 Tel: (212) 408-2500 Fax: (212) 408-2501 Attorneys for Plaintiffs

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