The Leader's Institute Llc v. Golden State Foods Foundation

MOTION to Dismiss for Lack of Jurisdiction

N.D. Tex.April 6, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION THE LEADER'S INSTITUTE, LLC, a Texas Limited Liability Company, Plaintiff, v. GSF FOUNDATION, a California Corporation Defendant. § § § § § § § § § § § § NO. 3:16-CV-03258-B DEFENDANT GSF FOUNDATION’S MOTION TO DISMISS FOR IMPROPER VENUE PURSUANT TO FED. R. CIV. P. 12(b)(3) Defendant GSF Foundation (“GSSF”) respectfully moves the Court to dismiss, or in the alternative transfer, Plaintiff, The Leader’s Institute, LLC’s (“TLI”), claims due to improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3) and 28 U.S.C. § 1406(a). In support of this motion, GSSF attaches hereto and incorporates herein its Memorandum of Law in Support of Its Motion to Dismiss and Appendices containing the Declaration of John Page, the Declaration of Charlie Lyu, and exhibits referenced therein. Respectfully submitted, April 6, 2017 By: /s/ Phong D. Nguyen Phong D. Nguyen (TX Bar No. 24002690) BAKER & HOSTETLER LLP 1050 Connecticut Avenue, NW, #1100 Washington, D.C. 20036 Telephone: (202) 861-1500 Fax: (202) 861-1783 pnguyen@bakerlaw.com Counsel for Defendant GSF FOUNDATION Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 1 of 13 PageID 93 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION THE LEADER'S INSTITUTE, LLC, a Texas Limited Liability Company, Plaintiff, v. GSF FOUNDATION, a California Corporation Defendant. § § § § § § § § § § § § NO. 3:16-CV-03258-B DEFENDANT GSF FOUNDATION’S MEMORANDUM IN SUPPORT OF ITS MOTION TO DISMISS FOR IMPROPER VENUE PURSUANT TO FED. R. CIV. P. 12(B)(3) Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 2 of 13 PageID 94 TABLE OF CONTENTS I. Introduction .................................................................................................................................1 II. Background ................................................................................................................................1 III. Argument ..................................................................................................................................4 A. The Northern District is an Improper Venue Under 28 U.S.C. § 1391 .........................4 B. The Court Should Dismiss This Action .........................................................................7 IV. Conclusion ................................................................................................................................8 Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 3 of 13 PageID 95 ii TABLE OF AUTHORITIES Page(s) Cases Emelike v. L-3 Communications Corp., No. 3:12cv2470, 2013 WL 1890289 (N.D. Tex. May 7, 2013).................................................4 Entertainment & Sports Programming Network, Inc. v. Edinburg Community Hotel, Inc., 735 F. Supp. 1334 (S.D. Tex. 1986) ..........................................................................................7 Francesca’s Collections, Inc. v. Medina, No. H-11-307, 2011 WL 3925062 (S.D. Tex. Sept. 7, 2011) ....................................................6 Goldlawr v. Heiman, 369 U.S. 463 (1962) ...................................................................................................................7 Nutrition Physiology Corp. v. Enviros Ltd., 87 F. Supp. 2d 648 (N.D. Tex. 2000) ........................................................................................4 Nuttall v. Juarez, 984 F. Supp. 2d 637 (N.D. Tex. 2013) ..........................................................................5, 6, 7, 8 Pervasive Software, Inc. v. Lexware GMBH & Co. KG, 688 F.3d 214 (5th Cir. 2012) .....................................................................................................5 Saye v. First Specialty Ins. Co., No. 3:14cv202, 2014 WL 1386565 (N.D. Tex. Apr. 9, 2014) ...................................................4 Statutes 28 U.S.C. 1391 .............................................................................................................1, 3, 4, 5, 7, 8 28 U.S.C. § 1404(a) .........................................................................................................................4 28 U.S.C. § 1406 ..................................................................................................................1, 4, 7, 8 Rules Fed. R. Civ. P. 12(b)(3)................................................................................................................1, 8 Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 4 of 13 PageID 96 1 I. Introduction Defendant GSF Foundation (“GSSF”) respectfully moves the Court to dismiss, or in the alternative transfer, Plaintiff, The Leader’s Institute, LLC (“TLI”), claims due to improper venue pursuant to Fed. R. Civ. P. 12(b)(3) and 28 U.S.C. § 1406(a). In this case, TLI, a Texas for profit corporation accuses GSSF, a California non-profit 501(c)3 corporation, of trademark infringement alleging that GSSF’s use of the descriptive and/or generic designation “build UR bike” or “build your bike” in connection with its charitable services of helping children build their own bikes is likely to cause confusion with TLI’s trademark “Build-A-Bike” used in connection with its team building and personal coaching services. There is nothing similar about the parties, their respective services, their respective channels of trade or their respective customers. Moreover, the parties have coexisted for almost five years without any alleged confusion. GSFF does not reside in this district and TLI has failed to plead any facts alleging that a “substantial part of the events or omissions giving rise to the claim[s] occurred in this district.” 28 U.S.C. § 1391. Accordingly, the Court should dismiss TLI’s claims or, in the alternative, transfer this case to the U.S. District Court of the Central District of California, pursuant to 28 U.S.C. § 1406. II. Background TLI is a Texas corporation with a principal place of business in Arlington, Texas. Amended Complaint (“Amended Compl.”), Dkt. No. 9 at ¶ 13. TLI allegedly provides training to organizations and individuals in leadership and management skills development, public speaking skills, and team-building training. Id. at ¶ 25. One of TLI’s team-building activities is its Build-A-Bike Team Building Workshop, where adult participants work together to increase camaraderie while they build bicycles, or as TLI describes it in their brochure: Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 5 of 13 PageID 97 2 Each team is given puzzles to solve, codes to decipher, and secrets to unlock in order to acquire the resources needed (part by part) to build their bicycle. Challenges are discovered along the way that must be overcome in order to accomplish their goal….During the event, you’ll engage both your minds and your bodies in solving the puzzles of teamwork….This workshop is made up of interchangeable one-hour modules that can customize the program for your timeframe, budget, and team culture of your group. The bikes are then donated to local kids at the conclusion of the team building exercise. See id. at ¶¶ 25, 28 and A7. Golden State Foods Corp. founded GSFF in 2002. A1 at ¶3. GSSF is a California 501(c)3 non-profit corporation with a principal place of business at 18301 Von Karman Ave, #1100, Irvine, California 92612. A1 at ¶3. In stark contrast to TLI’s leadership and management skills development and team-building services, GSSF’s mission is to improve the quality of life of children and families through personal involvement and contributions. A2 at ¶6. GSFF operates under the direction of a Board of Directors, which is primarily located at GSFF’s Irvine headquarters. A1 at ¶3. While Golden State Foods Corp. has a distribution center located in Schertz, Texas, GSFF does not have any officers, offices, or employees residing in the state of Texas. A2 at ¶5. Further, GSFF events are mostly private. A2 at ¶8. If members of the public want to support the foundation, they may make monetary donations through GSFF’s website to either GSFF in general or specific GSF programs or locations. Id. To date, GSFF has not received any online monetary donations from any individual in Texas. Id. GSFF’s bike building program is not for organizations or a team-building training. Instead, it is a program driven by a common purpose to provide deserving school-aged children with their own, and often first, bikes. Id. at ¶6. Each child gets to build their very own new bike with an adult volunteer and takes home the bike, along with a helmet and lock. Id. GSFF Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 6 of 13 PageID 98 3 purchases, donates, and ships the bikes to its events from its California headquarters. Id. From 2012 to present, GSFF has not provided any bikes to children in this district. Id. at ¶7. On May 26, 2016, TLI sent GSFF a cease and desist letter. Amended Compl., Dkt. No. 9 at ¶ 38. In response to TLI’s demands and in an effort to amicably resolve the dispute, Defendant changed the descriptive and/or generic phrase it was previously using, “build a bike,” to the equally descriptive phrase “build your bike” and/or “build ur bike,” and created a design mark that included the words GOLDEN STATE FOOD FOUNDATION GSF BUILD YOUR BIKE, along with a bicycle chain heart design. . See, e.g., Amended Compl., Dkt. No. 9 at ¶41. Notwithstanding that GSFF stopped using “build a bike,” on or about November 21, 2016, TLI filed a complaint against GSFF alleging that GSFF’s use of the descriptive and/or generic phrases Build A Bike, Build UR Bike, or Build Your Bike infringes TLI’s alleged trademarks for Build-A-Bike. See Complaint, Dkt. No. 1. TLI’s complaint claimed Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, and Unjust Enrichment. See id. On March 9, 2017, TLI filed an Amended Complaint containing essentially the same claims. See Amended Complaint, Dkt. No. 9. The Amended Complaint fails to allege any facts supporting proper venue in the Northern District of Texas. Instead, the Amended Complaint makes only a single conclusory allegation: “venue is proper under 28 U.S.C. 1391.” Id. at ¶ 22. Because GSFF does not reside in this district and TLI has failed to plead any facts that show that the events giving rise to the claim occurred in this district, venue is improper under 28 U.S.C. § 1391 and the Court should dismiss TLI’s claims, or in the alternative, transfer this case to the Central District of California pursuant to 28 U.S.C. § 1406. Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 7 of 13 PageID 99 4 III. Argument Venue is determined based on the facts at the time the complaint is filed. Nutrition Physiology Corp. v. Enviros Ltd., 87 F. Supp. 2d 648, 652 (N.D. Tex. 2000). Under 28 U.S.C. § 1391(b), venue is proper (1) in a judicial district where the defendant resides; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action. A Rule 12(b)(3) motion to dismiss is distinct from a forum non conveniens motion under 28 U.S.C. § 1404(a). See Saye v. First Specialty Ins. Co., No. 3:14cv202, 2014 WL 1386565 at *1 (N.D. Tex. Apr. 9, 2014). And once raised, a Rule 12(b)(3) motion to dismiss due to improper venue places the burden sustaining venue on the plaintiff. Emelike v. L-3 Communications Corp., No. 3:12cv2470, 2013 WL 1890289 at *1 (N.D. Tex. May 7, 2013). Plaintiff fails to – and cannot – meet that burden in this case. A. The Northern District is an Improper Venue Under 28 U.S.C. § 1391 In its Amended Complaint, TLI generally alleges that “venue is proper under 28 U.S.C. § 1391.” However, it is not. Because GSFF does not reside in this district, TLI’s claims do not stem from activities in this district, and there are other districts, such as the Central District of California, in which an action may be brought against GSFF, all three alternatives under § 1391 exclude the Northern District of Texas as the proper venue. First, GSFF does not reside in this district. 28 U.S.C. § 1391(b)(1) provides that a civil action may be brought in “a judicial district in which any defendant resides.” 28 U.S.C. §§ 1391(c) and (d) further define “residency” as “any judicial district in which such defendant is Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 8 of 13 PageID 100 5 subject to the court’s personal jurisdiction with respect to the civil action in question,” and “in a State which has more than one judicial district and in which a defendant that is a corporation is subject to personal jurisdiction at the time an action is commenced, such corporation shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State.” Here, GSFF is a California 501(c)3 corporation with a principal place of business in Irvine, California. GSFF does not have any officers, offices or employees in Texas. A2 at ¶5. GSFF has not provided any grants, held any bike building events, or received any donations from this judicial district. Id. Indeed, the Amended Complaint contains no allegations that GSFF has had any contacts with this judicial district – let alone contacts sufficient to subject GSFF to personal jurisdiction in the Northern District of Texas. Thus, GSFF does not reside in this judicial district pursuant to 28 U.S.C. § 1391(b)(1). See Pervasive Software, Inc. v. Lexware GMBH & Co. KG, 688 F.3d 214, 220-22 (5th Cir. 2012). Second, the actions giving rise to Plaintiff’s claims also did not occur in this judicial district. In Nuttall v. Juarez, plaintiff sued defendant for, among other things, trademark infringement over the use of the band name “When in Rome.” 984 F. Supp. 2d 637, 640 (N.D. Tex. 2013). There, the Court granted defendant’s motion to dismiss for improper venue because “Plaintiff fails to identify with any particularity what …infringement activities support his claim that venue is proper in this district.” Id. at 646. The Court further found that “the evidence establishes that Defendant’s band performed one show in Houston, Texas and sold one When In Rome t-shirt through their website, www.wheninromeofficial.com, to a customer in Houston, which is in the Southern District of Texas. There is no evidence that any performance, sales, or shipments occurred in this district. The existence of Defendants’ website, without more, is Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 9 of 13 PageID 101 6 insufficient to establish venue.” Id. citing Francesca’s Collections, Inc. v. Medina, No. H-11- 307, 2011 WL 3925062 at *2 (S.D. Tex. Sept. 7, 2011) (“There mere presence of an interactive website is insufficient to confer venue where, as here, plaintiff presents no evidence of actual interactivity within the district, nor of sales, shipments, or any other commercial activity within the district.”). Here, TLI only generically alleges that “Defendant is committing the tort of trademark infringement in Texas by providing services that infringe Plaintiff’s trademark in Texas and by advertising that is intentionally directed at Texas and its residents.” Amended Compl., Dkt. No. 9 at ¶ 20. Like Nuttall, TLI fails to plead any facts showing that any events or substantial portion of any events giving rise to TLI’s claims occurred in this judicial district. This is because TLI cannot do so as GSFF has never conducted its bike building program in this district and it does not target residents in this jurisdiction through its advertising. See A2 at ¶¶ 7 and 8. Like almost all companies and organizations these days, GSFF has a public facing website. However, as the case in Nuttall, GSFF does not use its website to target consumers in this judicial district. Since GSFF’s events are associate-run, most of its events are private and not even advertised to the public on its website. A2 at ¶8. And, while the website allows for the public to donate to GSFF, to date, GSFF has not received a single donation for its bike building program from Texas. Id. Accordingly, TLI has not – and cannot – plead any facts alleging that the actions giving rise to its claims occurred in this district. Lastly, GSFF can be sued in another district pursuant to 28 U.S.C. §§ 1391(b)(1)-(2) – i.e., Central District of California – so § 1391(b)(3) does not apply. Here, GSFF resides in Irvine, California, in the Central District of California. Since this is a trademark infringement case, the inquiry and focus is necessarily on GSFF’s conduct and activities, and all of the Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 10 of 13 PageID 102 7 relevant evidence is also located in the Central District of California. See Entertainment & Sports Programming Network, Inc. v. Edinburg Community Hotel, Inc., 735 F. Supp. 1334, 1341 (S.D. Tex. 1986), A1 at ¶3, and A3 at ¶9. Importantly, none of the relevant witnesses and documents are located in Texas. A3 at ¶¶9 and 10. Further, even though TLI’s principal place of business is in Texas, the Central District of California is convenient for TLI since it has an office in, and at least one executive based out of, Los Angeles at 515 S. Flower St. #3600, Los Angeles, CA 89119. See A9, A10, and A16. Accordingly, because this action could have been brought in the Central District of California, § 1391(b)(3) does not apply. B. The Court Should Dismiss This Action When venue is improper over an action, 28 U.S.C. § 1406(a) requires the Court to either dismiss the action or transfer the dispute to a district where venue would have been proper at the onset of litigation, if such transfer would be in the interests of justice. Transfer under 28 U.S.C. § 1406 is intended for situations where clear injustice would result from dismissal of the action, such as when an applicable statute of limitations would bar the plaintiff from re-filing the action in a proper venue. See Goldlawr v. Heiman, 369 U.S. 463, 466 (1962) (explaining this Congressional intent). Here, dismissal would not result in injustice as TLI would not be barred from asserting its claims in a proper forum. Since venue is improper in this jurisdiction under 28 U.S.C. § 1391, the Court should dismiss this case pursuant to Fed. R. Civ. P. 12(b)(3) and 28 U.S.C. § 1406. In the event the Court finds that this case should not be dismissed, but in the interest of justice, the case should be transferred to any district in which it could have been brought, GSFF respectfully requests the Court to transfer the case to the Central District of California, pursuant to 28 U.S.C. § 1406(a), because GSFF’s allegedly infringing activities primarily occurred there. See Nuttall, 984 F. Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 11 of 13 PageID 103 8 Supp. 2d at 646 (transferring case to the Central District of California because “substantial part of the events giving rise to all of Plaintiff’s claims occurred there.”). IV. Conclusion Because venue in the Northern District of Texas is improper under 28 U.S.C. § 1391, the court should dismiss this case pursuant to Fed. R. Civ. P. 12(b)(3) and/or 28 U.S.C. § 1406. To the extent the Court decides not to dismiss the case, GSFF respectfully moves the Court to transfer this case to the Central District of California, pursuant to 28 U.S.C. § 1406. Respectfully submitted, April 6, 2017 By: /s/ Phong D. Nguyen Phong D. Nguyen (TX Bar No. 24002690) BAKER & HOSTETLER LLP 1050 Connecticut Avenue, NW, #1100 Washington, D.C. 20036 Telephone: (202) 861-1500 Fax: (202) 861-1783 pnguyen@bakerlaw.com Counsel for Defendant GSF FOUNDATION Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 12 of 13 PageID 104 CERTIFICATE OF SERVICE The undersigned hereby certifies that on April 6, 2017, I electronically filed the foregoing with the Clerk of the District Court using the CM/ECF system, which sent notification of such filing to all counsel of record. /s/ Phong D. Nguyen Phong D. Nguyen Case 3:16-cv-03258-B Document 13 Filed 04/06/17 Page 13 of 13 PageID 105 APPENDIX TO GSF FOUNDATION’S MOTION TO DISMISS FOR IMPROPER VENUE PURSUANT TO FED. R. CIV. P. 12(B)(3) Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 1 of 17 PageID 106 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION THE LEADER'S INSTITUTE, LLC, a Texas Limited Liability Company, Plaintiff, v. GSF FOUNDATION, a California Corporation Defendant. § § § § § § § § § § § § NO. 3:16-CV-03258-B DECLARATION OF JOHN PAGE, ESQ. I, John Page, hereby declare as follows: 1. I am currently a member of the Board of Directors for GSF Foundation (“GSFF”) and have served on GSFF’s Board continuously since February 22, 2012. I am a resident of the State of California. I have personal knowledge of the facts contained in this declaration, and, if called upon to testify to the truth of these facts could do so competently. 2. I am employed at GSFF’s headquarters in Irvine, California. In my role as Board Member, I am knowledgeable about GSFF’s operations, charitable programs, donations, and GSFF’s use of the descriptive names “build a bike,” “build UR bike,” and/or “build your bike” in connection with its bike building program. 3. Founded in 2002, GSFF is a 501(c)3 California nonprofit corporation with its principal place of business at 18301 Von Karman Avenue, #1100, Irvine, California 92612. GSFF operates under the direction of a Board of Directors, whose members are primarily located at GSFF’s Irvine, California headquarters. A1 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 2 of 17 PageID 107 4. I am aware that The Leader’s Institute, LLC (“TLI”) filed the above-captioned lawsuit against GSFF in the United States District Court for the Northern District of Texas. I have been advised that TLI has alleged that GSFF’s use of the terms “build a bike,” “build UR bike,” and/or “build your bike” for its charitable bike building program infringes TLI’s trademark registrations for the term “build a bike.” 5. GSFF is headquartered in Irvine, California and does not have any employees, officers, or offices in Texas. 6. GSFF is a nonprofit organization that provides strategic financial and volunteer assistance to hundreds of nonprofit organizations that need support in bringing hope and healing to children and families in need. GSFF’s mission is to improve the quality of life of children and families through personal involvement and contributions. GSFF currently offers five core programs. One of these is GSFF’s bike building program, Build Your Bike. GSFF’s bike building program provides second and third grade school children in need with their own, and often very first, bicycle. The children work under the guidance of a caring mentor to build a bike, which they get to take home, along with a helmet and lock provided by GSFF. GSFF purchases and donates these bikes and ships them to its events from its California headquarters. 7. GSFF’s bike building program was first offered in 2012, and since then, GSFF has not provided any bikes to children in this district. 8. The events that GSFF organizes and hosts are mostly private. Therefore, they are often not listed on GSFF’s website. If the public does want to support GSFF or GSFF’s programs or locations, they may do so from the website by making monetary donations through GSFF websites. To date, GSFF has not advertised its Build Your Bike program on its website to the public and has not received any monetary donations from any individual in Texas. A2 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 3 of 17 PageID 108 A3 9. GSFF business operations are also based in Irvine, California. GSFF's financials, marketing, and business plan documents, including those relating to its Build Your Bike program, are all located in Irvine, California. Most, if not all, documents concerning the Build Your Bike program are located in GSFF's headquarters in Irvine, California. I am not aware of any GSFF documents that are located in Texas, and I believe that I would know ifthere were any such documents. 10. I am also not aware of any GSFF employees located in Texas, and I believe that I would know ifthere were any such employees. I declare under penalty of perjury the laws of the United States that the foregoing is true and correct. Executed this 6th day of April, 2017 in Irvine, California. Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 4 of 17 PageID 109 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION THE LEADER'S INSTITUTE, LLC, a Texas Limited Liability Company, Plaintiff, v. GSF FOUNDATION, a California Corporation Defendant. § § § § § § § § § § § § NO. 3:16-CV-03258-B DECLARATION OF CHARLIE C. LYU I, Charlie C. Lyu, hereby declare as follows: 1. I am an associate at the law firm of Baker & Hostetler LLP, counsel for Defendant GSF Foundation in connection with the above-captioned action. I make this declaration based on my personal knowledge. 2. Attached hereto as Exhibit A is a true and correct copy of a printout of a brochure located at www.leadersinstitute.com/teambuilding/BuildABike.pdf (last accessed April 6, 2017). 3. Attached hereto as Exhibit B is a true and correct copy of a printout a webpage located at http://www.leadersinstitute.com/los-angeles-california-team-building (last accessed April 6, 2017). 4. Attached hereto as Exhibit C is a true and correct copy of a printout a webpage located at www.leadersinstitute.com/oaktree-capital-build-a-bike-team-building-event-los-angeles-ca (last accessed April 6, 2017). A4 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 5 of 17 PageID 110 I declare under penalty of perjury the laws of the United States that the foregoing is true and correct. Executed this 6th day of April, 2017 in Philadelphia, Pennsylvania. Charlie C. Lyu A5 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 6 of 17 PageID 111 EXHIBIT A A6 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 7 of 17 PageID 112 The Build-A-Bike® Team Building Workshop Can make any Meeting an Awesome Event! The Build-A-Bike Team Building Workshop® is a fun and Exciting Cornerstone Event that will make The Build-A-Bike Team Building Workshop® and charity event is a brainy, challenging, program where your group is divided into teams to solve specific challenges in order to build bicycles for young children During the event, you'll engage both your minds and your bodies in solving the puzzles of teamwork. This workshop is made up of interchangeable one-hour modules that can customize the program for your timeframe, budget, and team culture of your group. your next Convention or Team Meeting a Blast! We'll cover ways to: B i t from single parent homes or who have a parent that is incarcerated. This is the original bicycle team building event! Each team is given puzzles to solve, codes to decipher, and secrets to unlock in order to acquire the Philanthropic Twist: At the conclusion of the event, the bicycles that were created are given to a enthusiastic young people from a local charity in your community. Our preferred charities are Boys and Girls Club and Big Brothers/Big • ra ns orm. • Problem-solve. • Communicate better as a team. • Identify strengths of individual team members. • Collaborate better as a team. • Realize that departments and individuals within a company resources needed (part by part) to build their bicycle. Challenges are discovered along the way that must be overcome in order to accomplish their goal. Call toll-free 1-800-872-7830 for an instant price quote Sisters, however we can make your favorite charity the recipient on request. This is truly a one-of-a-kind event! can't act independently. When the team works together, they accomplish a lot more. • And have tons of fun in the process! or visit www.build-a-bike.com A7 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 8 of 17 PageID 113 EXHIBIT B A8 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 9 of 17 PageID 114 Los Angeles California http://www.leadersinstitute.com/los-angeles-california-team-building[4/6/2017 2:21:39 PM] 1-800-872-7830 I'd Like More Information « Las Vegas Nevada San Diego California » Los Angeles California Team Building Events in Los Angeles, California The Leader’s Institute – Los Angeles ® 515 S Flower St #3600 Los Angeles, CA 89119 US Phone: (213) 986-2664 Feb 14, 2017 by Dawn McGee on Build-A-Bike ® The event was better than I ever imagined it would be and having Contact Us 800-872-7830 Contact Us via Phone or Send us an Email Quick Links » Team Building Events and Activities » Public Speaking Class » Leadership Course A9 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 10 of 17 PageID 115 Los Angeles California http://www.leadersinstitute.com/los-angeles-california-team-building[4/6/2017 2:21:39 PM] the kids come... See More Jan 21, 2017 by Valerie Berger on Rescue Bear ® Ellen was fabulous! We'll definitely continue to use the Leaders Institute ... See More Los Angeles California Team Building Events. Los Angeles is our West Coast team building hub. So, if you’re looking for Los Angeles California team building, you’ve come to the right place. All of our team building activities are available in Los Angeles. (For a complete list, click the link below.) The most popular activity in this region is the Build-A-Bike ® team building program. We have conducted this program for Los Angeles companies like Intuit, Luck Brand Jeans, and BP. In addition, other popular activities are the Ace Race ® Golf Team Building and the Camaraderie Quest. One of our favorite Camaraderie Quest scavenger hunts was conducted a few years ago at the Santa Monica Pier. ■ Access the complete list of Team Building Activities. ■ Download a printable catalog: The Leader’s Institute ® Team Building Events — PDF. For More Information or to Request a Quote… First Name * Last Name * Email * Phone * Page 1 of 20: « ‹ 1 2 3 › » A10 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 11 of 17 PageID 116 Los Angeles California http://www.leadersinstitute.com/los-angeles-california-team-building[4/6/2017 2:21:39 PM] Company * Address City State/Prov. Post Code Tell Us about Your Meeting. Choose Activity* Please select one Est. Date* (mm/dd/yy) # of Participants * Location (City) * A Few Recent Los Angeles California Team Building Events. A11 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 12 of 17 PageID 117 Los Angeles California http://www.leadersinstitute.com/los-angeles-california-team-building[4/6/2017 2:21:39 PM] Site Map | Privacy Policy | © 2016 The Leaders Institute - All Rights Reserved ■ Cerbelli Creative Fun Team Building Event for a Competitive Group The Leader’s Institute ® has been partnering with event planner Cerbelli Creative for several years. So when this event planner wanted a fun team building event for a competitive group in Los Angeles, we recommended The Ace Race ® mini-golf team building event. In this event, individual teams have to work together to create a ... ■ Oaktree Capital Build-A-Bike Team Building Event Los Angeles, CA The Leader’s Institute® recently held a Build-A-Bike® event for Oaktree Capital on a Saturday morning in Los Angeles, CA. Participants came out to Pasadena to do this bike team building event and build 20 bikes for the youth at the Boys and Girls Clubs. This was a family event where participants were encouraged to bring ... ■ Yorba Linda Unified School District Ace Race Golf Team Building For the second year in a row, The Leader’s Institute® came to Yorba Linda Unified School District in Los Angeles, CA on to deliver a fun and meaningful team building event that gives back to the community. After doing a Build-A-Bike® team event last year with Chris McNeany, they asked him to come back and ... Comments are closed. Contact Information Corporate Office: The Leader's Institute ® 5430 LBJ Freeway, Suite 1200 Dallas, TX 75240 Phone: (214) 989-4131 Our Locations Dallas - Corporate Office Western US Central US Midwest US and Central Canada Northest US Southeast US Atlanta Baltimore Boston Charlotte Chicago Cincinnati Columbus Denver Detroit Houston Las Vegas Los Angeles Miami New York Philadelphia Phoenix Portland San Antonio San Diego San Francisco St Louis Seattle Washington DC List of All Locations Site Links Home About Us Blog Public Speaking Training Public Speaking Class Team Building Company All Events and Activities Activities that Benefit a Charity Build-A-Bike ® Mini Golf for Charity Hot Diggity (Dog) Rescue Bear ® Murder Mystery Treasure Hunt Creating a Team Culture Indoor Programs Outdoor Activities Corporate Retreats Leadership Training Keynote Speakers Contact Us A12 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 13 of 17 PageID 118 Los Angeles California http://www.leadersinstitute.com/los-angeles-california-team-building[4/6/2017 2:21:39 PM] A13 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 14 of 17 PageID 119 EXHIBIT C A14 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 15 of 17 PageID 120 Oaktree Capital Build-A-Bike Team Building Event Los Angeles, CA http://www.leadersinstitute.com/oaktree-capital-build-a-bike-team-building-event-los-angeles-ca/[4/6/2017 2:23:18 PM] 1-800-872-7830 I'd Like More Information « Blue Cross Blue Shield Build-A-Bike Team Building Event in Chicago, IL Bosses Beware: Are You Exhibiting Symptoms of Bad Leadership? » Oaktree Capital Build-A-Bike Team Building Event Los Angeles, CA The Leader’s Institute® recently held a Build-A-Bike® event for Oaktree Capital on a Saturday morning in Los Angeles, CA. Participants came out to Pasadena to do this bike team building event and build 20 bikes for the youth at the Boys and Girls Clubs. This was a family event where participants were encouraged to bring their kids. While the kids were encouraged to do face painting and other activities outside, the adults worked on building the bikes. The focus of this event was more on having fun and giving back to the community, so the team building aspects were not as emphasized. Participants had fun interacting with individuals from other teams, and solving their challenges in order to receive bike parts. This was a casual event where people were encouraged to dress comfortably and enjoy the food truck Oaktree Captial provided for after the event. Everyone stayed around after and had fun mingling with people they might not see on a regular basis during the work week. Chris McNeany, based in Los Angeles, was able to meet some great folks at this event. “Thank you all for your help! Our bike team building event was a HUGE success and we couldn’t have done it without you! It was Contact Us 800-872-7830 Contact Us via Phone or Send us an Email Quick Links » Team Building Events and Activities » Public Speaking Class » Leadership Course A15 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 16 of 17 PageID 121 Oaktree Capital Build-A-Bike Team Building Event Los Angeles, CA http://www.leadersinstitute.com/oaktree-capital-build-a-bike-team-building-event-los-angeles-ca/[4/6/2017 2:23:18 PM] Site Map | Privacy Policy | © 2016 The Leaders Institute - All Rights Reserved great working with you and we look forward to more events in the future.” -Erin Hillis, Oaktree Capital The location of this event was: 3230 East Del Mar Blvd. Pasadena, CA 91107 Chris McNeany is a Vice President and Instructor for the The Leader’s Institute®. He is based in Los Angeles, California, but he teaches classes in San Diego, San Francisco, Las Vegas, and Seattle as well. Comments are closed. Contact Information Corporate Office: The Leader's Institute ® 5430 LBJ Freeway, Suite 1200 Dallas, TX 75240 Phone: (214) 989-4131 Our Locations Dallas - Corporate Office Western US Central US Midwest US and Central Canada Northest US Southeast US Atlanta Baltimore Boston Charlotte Chicago Cincinnati Columbus Denver Detroit Houston Las Vegas Los Angeles Miami New York Philadelphia Phoenix Portland San Antonio San Diego San Francisco St Louis Seattle Washington DC List of All Locations Site Links Home About Us Blog Public Speaking Training Public Speaking Class Team Building Company All Events and Activities Activities that Benefit a Charity Build-A-Bike ® Mini Golf for Charity Hot Diggity (Dog) Rescue Bear ® Murder Mystery Treasure Hunt Creating a Team Culture Indoor Programs Outdoor Activities Corporate Retreats Leadership Training Keynote Speakers Contact Us A16 Case 3:16-cv-03258-B Document 13-1 Filed 04/06/17 Page 17 of 17 PageID 122