FoHo: Theta Chi v. Stanford, XOX - Federal Complaint

Case 5:16-cv-01336
5:16
Document 1 Filed 03/18/16 Page 1 of 61
1
2
3
4
5
6
7
8
9
AKERMAN LLP
JOSHUA R. MANDELL (SBN 225269)
Email: joshua.mandell@akertman.com
725 South Figueroa Street, 38 Floor
Los Angeles, California 90017-5433
Telephone: (213) 688-9500
Facsimile: (213) 627-6342
CHRISTOPHER G. OPRISON (pro hac vice application pending)
Email: christopher.oprison@akerman.com
750 9th Street NW, Suite 750
Washington, DC 20001
Telephone: (202) 824-1703
Facsimile: (202) 585-6207
Attorneys for Plaintiff,
THETA CHI FRATERNITY, INC.
10
UNITED STATES DISTRICT COURT
11
c,
c,
NORTHERN DISTRICT OF CALIFORNIA

',T
Case No.
THETA CHI FRATERNITY, INC.,

pp 14
8MI 15
k'jr'2
c
18
19
20
21.
22
23
24
25
26
COMPLAINT OF PLAINTIFF
THETA CM FRATERNITY, INC.
FOR:
Plaintiff,
V.
LELAND STANFORD JUNIOR
UNIVERSITY, a private, research
institution of higher learning; THE
BOARD OF TRUSTEES OF LELAND
STANFORD JUNIOR UNIVERSITY,
custodian of the endowment and all
University properties; ALUMNI
ASSOCIATION OF CHI THETA CHI
HOUSE, a California tax exempt
(1) FEDERAL TRADEMARK

INFRINGEMENT;
(2) FALSE DESIGNATION OF ORIGIN
FALSE OR MISLEADING
ADVERTISING / UNFAIR
COMPETITION;
(3) FEDERAL TRADEMARK DILUTION;
(4) STATE TRADEMARK DILUTION;
(5) STATE UNLAWFUL / UNFAIR /
FRAUDULENT BUSINESS
PRACTICES;
(6) BREACH OF SETTLEMENT
AGREEMENT AND MUTUAL
RELEASE;
(7) AIDING/ABETTING BREACH OF
SETTLEMENT AGREEMENT AND
MUTUAL RELEASE;
c
THETA CHI FRNIERNITY; THE
BOARD OF DIRECTORS OF ALUMINI
ASSOCIATION OF CHI THETA CHI
HOUSE; THOMAS ABEL ALLISON,
individually and as President/Director of
Alumni Association of Chi Theta Chi
House; and Does 1 through 100,
Defendants.
27
[DEMAND FOR JURY TRIAL]
28
1
THETA CHI FRATERNITY, INC'S COMPLAINT
Case No.: 11
Case 5:16-cv-01336
5:16
Plaintiff TBETA CHI FRATERNITY, INC. ("Theta Chi" or "Plaintiff') hereby
files its Complaint for Damages against Defendants LELAND STANFORD JUNIOR
UNIVERSITY ("the University"); THE BOARD OF TRUSTEES OF LELAND
STANFORD JUNIOR UNIVERSITY ("the University Board"); ALUMNI
ASSOCIATION OF C111 THETA CHE HOUSE ("Chi Theta Chi" or "the
Association"), a/k/a CBI THETA CBI, a/k/a ALPHA EPSILON CHAPTER OF
THETA CHI FRATERNITY; THE BOARD OF DIRECTORS OF ALUMNI
ASSOCIATION OF CHI THETA CBI HOUSE ("the Chi Theta Chi Board" or "the
Association Board"); THOMAS ABEL ALLISON ("Allison") individually and as
10
President and Director of the Alumni Association of Chi Theta Chi House; and DOES
11
1 through 100, inclusive (collectively "Defendants"), and alleges:
12
NATURE OF THE CASE
13
14
1. This is an action for, among other things, infringement of two of Plaintiff

Theta Chi's federally-registered collective membership trademarks: U.S. Trademark
Registration No. 1,231,512 (registered on Mar. 15, 1983) (Exhibit 1) for the mark
OX, Theta Chi's identifying symbols, and U.S. Trademark Registration No. 1,240,699
(registered on May 31, 1983) (Exhibit 2) for the mark THETA CHI (collectively, the
18
"Theta Chi Marks").
19
2. The University and Chi Theta Chi
20
Chi's trademarks and this underlying controversy. The Theta Chi Marks have
21
previously been used, without authority, by the University, its Board of Trustees, the
22
Association and its individual Directors, Officers, and members, and as-yet
23
unidentified residents of the housing structure located at 576 Alvarado Row, Stanford,
24
California ("the House" or "the Property"). None of the Theta Chi Marks have been
25
abandoned and the registrations are incontestable.
26
27
28
The use of and reference to the name "Chi Theta Chi" throughout this Complaint is for
identification purposes only and is not intended in any way to validate or legitimize use of this name
by the organization or its directors, officers and individual members, or acquiesce in the suggestive
affiliation intended by the name.
2 Case No.: 11
THETA CHI FRATERNITY, INC.'S COMPLAINT
Case 5:16-cv-01336
5:16
1 3. Chi Theta Chi is an imposter organization whose genesis is grounded in

2 fraud and deceit. Chi Theta Chi's misconduct was first discovered in Fall 2012 and
3 immediately brought to the attention of the University through the Office of General
4 Counsel
5 as well as the Association and Defendant Allison. Chi Theta Chi defiantly refused to
6 comply with Theta Chi's cease and desist demands, even after the University
7 terminated Chi Theta Chi's lease for multiple incidents of malfeasance and neglect,
8 took control of the House, and evicted Chi Theta Chi from the House.
9 4. Theta Chi was forced to sue Chi Theta Chi previously to protect its
10 trademarks. By providing false assurances on which Theta Chi reasonably relied that
c,
11 all trademark infringements would be remedies, Chi Theta Chi and various member
12 and non-member residents of the House (residents assigned and/or approved for
N
E4
41 0
14 perpetuate the trademark violations while misleading Theta Chi into believing its
uc,
8,ra 15 marks would be protected from further infringement. Chi Theta Chi and various
c
member and non-member residents of the House continued to misappropriate and
0
(
18 Property owned and controlled by the University and University Board, with the fully
19 knowledge and agreement or acquiescence of the University
20 5. Chi Theta Chi, along with its Board of Directors and Defendant Allison,
21 have engaged in repeated and deceptive misuse and misappropriation of the Theta Chi
22 Marks, violating the "Settlement Agreement and Mutual Release" ("Settlement
23 Agreement") executed January 11, 2013 (Exhibit 3). Complicit in the violations are
24 the rank-and-file members of Chi Theta Chi and other residents of House. Despite
25
26
2 Theta Chi's principal point of contact in the OGC was Lauren Schoenthaler ("Schoenthaler"). In
27 2013, and as of the filing of this Complaint, Schoenthaler serves as Senior University Counsel.
3
28 Theta Chi's principal point of contact in RDD was Deborah Golder ("Golder"). In 2013, and as of
the filing of this Complaint, Golder serves as Dean of Residential Education for the University.
3 Case No.: []
Case 5:16-cv-01336
5:16-cv-01336 Document
Document11Filed
Filed03/18/16
03/18/16Page
Page
4 of
4 61
of 61
c,
ccg
knowing the terms of the Settlement Agreement, and despite providing express
assurances that Chi Theta Chi would comply therewith, the Chi Theta CM Defendants
3
4
engaged in a course of contemptuous conduct that utterly ignored the agreed-upon

terms.
6. These violations are of significant reputational import. Chi Theta Chi's
unauthorized use falsely suggests affiliation with Theta Chi and its local chapter and
local alumni organization, has created and is likely to create market confusion, is
likely to dilute by blurring and/or by tarnishing the Theta Chi Marks, and has caused
and is likely to continue to cause reputational and other harm to Theta Chi.
10
7. The Chi Theta Chi Defendants could not have engaged in such prolonged
11
misconduct without the aid and assistance of the University. The University has been
complicit in the Chi Theta Chi Defendant violations, and has independent culpability
LDC
E13
14
8g'
for its own trademark infringements. The University owns and controls the property
at which Chi Theta Chi members reside and at which member and non-member
residents perpetuate the trademark violations discussed in this Complaint. The
oo
University Board has ultimate control, responsibility and accountability over the
0:
17
Property and all acts engaged in on that property. The University and University
18
Board are responsible for ensuring that the Property is maintained properly by its
19
residents, and that its residents conduct themselves in a manner consistent with all
20
federal, state and local laws and ordinances. The University and, by extension, the
21
University Board, have been derelict in their duties as to the House.
22
8. The University, through its OGC and RDD, provided misleading
23
representations to Theta Chi about the University's commitment to facilitate and
24
oversee compliance with the terms of the Settlement Agreement, to ensure all vestiges
25
of the prior infringements are remediated and extinguished, and to permanently
26
remediate its own violations to avoid legal action by Theta Chi.
27
9. Instead, the University knowingly permitted references to Chi Theta Chi
28
in University website pages and in University-owned and controlled news outlets.

4 Case No.: [1
Case 5:16-cv-01336
Document11Filed
Filed03/18/16
03/18/16Page
Page
5 of
5 61
of 61
The University also knowingly permitted Chi Theta Chi, and members and non-
members residing in the House, to perpetuate the prior illegal use of Theta Chi's
trademarks. The University knowingly turned a blind eye and permitted Chi Theta
Chi and the House residents to perpetrate new trademark violations, to engage in false
and misleading advertisement, unfair competition, trademark dilution and theft by
using the Theta Chi Marks to promote events and activities at the House. Confronted
with these obvious trademark infringements, the University the owner and ultimate
responsible party for the House and the acts engaged in therein took absolutely no
action to halt the activity. On the contrary, the University's response (or lack thereof)
10
encouraged the Chi Theta Chi Defendants to stay the course, galvanized and
11
emboldened them to not only continue but amplify the illegal behavior. Equally
objectionable is that, despite prior assurances to Theta Chi and seemingly genuine
Cn
Nr113
cA
expressions of empathy with Theta Chi's legal position, at no time did the University
notify Theta Chi that such violations were continuing. Ultimately, not only did the
15
University fail and refuse to take any meaningful action to terminate the infringing
conduct, but it actively concealed these violations from Theta Chi. Hence,
17
unbeknownst to Theta Chi, Chi Theta Chi continued with its infringing conduct.
18
10. In late 2015, Theta Chi discovered Chi Theta Chi's misconduct which, in
19
turn, Theta Chi communicated to the University. The University took no meaningful
20
action to remedy the infringing activity. Theta Chi also discovered the University
21
had, too, been infringing Theta Chi's trademarks. The University had been advertising
22
and promoting the House in the name of "Chi Theta Chi" throughout the campus and
23
on its school-sponsored and owned website. The University had also known about
24
and either expressly peimitted or failed and refused to take action to prohibit further
25
infringing activity by Chi Theta Chi, as well as by members and non-member
26
residents of the House. The infringing activity by the University Defendants and the
27
Chi Theta Chi Defendants continued as of the filing of this Complaint.
28
11. Theta Chi has no alternative but to take appropriate action to protect its
5 Case No.: H
Case
Case 5:16-cv-01336
Document 11 Filed
Filed 03/18/16
03/18/16 Page
Page66 of
of 61
61
marks.
2
3
THE PARTIES
12. Plaintiff Theta Chi is a tax exempt corporation organized and existing
under the laws of the State of New York with its headquarters and principal place of
business in Carmel, Indiana. Founded on April 10, 1856, Theta Chi is one of the
oldest and most widely regarded college fraternities in the United States. It exists to
establish, maintain, govern, improve and promote the welfare of a fraternal order by
the same name. Theta Chi is currently comprised of the Grand Chapter of Theta Chi,
144 Active Theta Chi chapters, and 7 Official "Colonies" in the United States.
10
11
.m
13. Defendant University is a tax-exempt entity under section 501(c)(3) of

the Internal Revenue Code and a trust with corporate powers under the laws of the
State of California. The University is a preeminent research and teaching institution.
12 rn ,
c)
E
The University owns and exercises dominion over its property, including at all times
1'1 14
15
relevant to this allegations in this Complaint, the House located at 576 Alvarado Row.
The University is governed by its Board of Trustees, which has ultimate responsibility
and accountability for the acts or omissions of University officials and students on or
17
implicating University property. The University, the University Board, and any and
18
all University officials, administrators, or employees who engaged in, aided,
19
encouraged, facilitated, or conspired to commit the misconduct alleged herein
20
(identified as "Does 1-50") are collectively referred to herein as the "University
21
Defendants."
22
14. Defendant University Board has responsibility for managing University
23
assets, including real property such as the House located at 576 Alvarado Row,
24
Stanford, California. The Board delegates operational authority to the President of the
25
University, John L. Hennessy. It does not relinquish accountability, however. At all
26
times relevant to the matters raised in this Complaint, the Board owned, controlled
27
and/or managed the House and all activity within the House on behalf of the
28
University. At all times relevant to the matters raised in this Complaint, the Board
6 Case No.: [}
Case 5:16-cv-01336
Document11Filed
Filed03/18/16
03/18/16Page
Page
7 of
7 61
of 61
maintained ultimate responsibility and accountability for all acts or omissions of
University officials and students on or implicating University property. The
University Board, University, and any and all University officials, administrators, or
employees who engaged in, aided, encouraged, facilitated, or conspired to commit the
misconduct alleged herein (identified as "Does 1-50") are collectively referred to
herein as the "University Defendants."
15. Chi Theta Chi, or the Association, purports to be a tax exempt
corporation organized and existing under the laws of the State of California. It self-
identifies with the State corporate entity number of CO131837, which it usurped from
10
the Alpha Epsilon Alumni Association of Theta Chi Fraternity, Inc. ("Alpha Epsilon
11
Alumni Association" or "Alumni Association"), a California tax-exempt corporation
cD
cc?, 12
organized on December 21, 1928. Although not affiliated with Theta Chi, Chi Theta
kg,,F43
ok
14
c/),
8a 15
c
Chi has held and continues to improperly hold itself out to be the successor entity to
the Alpha Epsilon Chapter of Theta Chi Fraternity ("Alpha Epsilon" or "Local
Chapter") and the Alpha Epsilon Alumni Association. Upon information and belief,
certain members of Chi Theta Chi reside and from January 2013 to present, have
17
resided, in the House and/or served as management or leadership for the Association.
18
Chi Theta Chi, together with Defendant Allison, the Chi Theta Chi Board, as well as
19
certain member and non-member residents of the House, who engaged in, aided,
20
encouraged, facilitated, or conspired to commit the misconduct alleged herein
21
22
(identified as "Does 51-100") are collectively referred to herein as the "Chi Theta Chi
Defendants."
23
16. The Chi Theta Chi Board purports to be the governing body for Chi
24
Theta Chi. It is ultimately responsible for ensuring Chi Theta Chi is in compliance
25
with all federal, state, and local statutes, regulations and ordinances. Upon
26
information and belief, the Chi Theta Chi Board currently includes, and at all times
27
relevant to the claims and allegations raised in this Complaint included, the following
28
individuals: Defendant Allison; Madeleine Douglas; Marie Rowell; Elif Tasar; Alex
7 Case No.: fl
Case
Case 5:16-cv-01336
Document 11 Filed
Filed 03/18/16
03/18/16 Page
Page88 of
of 61
61
Bullitt; Valentina Cabrera Stagno; and Michael Hammersly. Upon further
information and belief, the Chi Theta Chi Board, in furtherance of its fiduciary
responsibility to Chi Theta Chi and its membership, was responsible for approving the
terms of the Settlement Agreement and for ensuring compliance with the terms of the
Settlement Agreement. Upon further information and belief, the Chi Theta Chi Board
knew of, approved or, at a minimum, tacitly condoned the misconduct that forms the
basis for the claims in this Complaint. The Chi Theta Chi Board, together with Chi
Theta Chi, Defendant Allison, as well as certain member and non-member residents of
the House, who engaged in, aided, encouraged, facilitated, or conspired to commit the
10
11
herein as the "Chi Theta Chi Defendants."
12
17. Defendant Allison is now, and upon information and belief during all
times relevant to the matters raised in this Complaint was, a member and/or Officer
5
'
dc
14
and/or Director of Chi Theta Chi. Allison was the individual principally responsible
),11 15
P, R16
for negotiating the terms of the Settlement Agreement, for ensuring compliance with
vi Ve'
the terms of the Settlement Agreement, and for advocating conduct in contravention
,n 1 7
of the terms of the Settlement Agreement. Allison, together with Defendant Chi Theta
18
Chi, the Chi Theta Chi Board, as well as certain member and non-member residents of
19
the House, who engaged in, aided, encouraged, facilitated, or conspired to commit the
20
21

herein as the "Chi Theta Chi Defendants."
22
18. Theta Chi is unaware of the true names and capacities of the defendants
23
named herein as Does 1 through 50 (included within definition of "University
24
Defendants"), and Does 51-100 (included within definition of "Chi Theta Chi
25
Defendants"), and therefore sues such defendants by such fictitious names. Theta Chi
26
will seek leave of the Court to amend this Complaint to set forth the true names and
27
capacities of those fictitiously named defendants when their respective identities are
28
ascertained.
8 Case No.: [1
Case
Case 5:16-cv-01336
Document 11 Filed
Filed03/18/16
03/18/16Page
Page
9 of
9 of
6161
19. Theta Chi further alleges that the University Defendants and Chi Theta
Chi Defendants, including Does 1 through 100 sued herein by fictitious names are
jointly, severally, and concurrently liable and responsible with each named Defendant
upon the causes of action hereinafter set forth.
20. Theta Chi is informed and believes, and upon such basis alleges, that at
all times herein mentioned, the University Defendants, and each of them, were the
agent, servant, employee, and/or joint venturer of each and every other University
Defendant and the acts of each University Defendant as alleged herein, were
performed within the course and scope of that agency, service, employment, and/or
10
11
Lu 12
joint venture.
21. Theta Chi is further informed and believes, and upon such basis alleges,
that at all times herein mentioned, the Chi Theta Chi Defendants inclusive, and each
of them, were the agent, servant, employee, and/or joint venturer of each and every
wok
other Chi Theta Chi Defendant and the acts of each Chi Theta Chi Defendant as
8g0 15
w&
16
vD
17
alleged herein, were performed within the course and scope of that agency, service,
employment, and/or joint venture.
22. Theta Chi is informed and believes and, on that basis alleges, that each of
18
the Doe defendants is in some way and/or manner responsible for the acts and
19
occurrences alleged herein, whether such act and such occurrences were committed
20
intentionally, recklessly, or otherwise, and that each Doe defendant is liable for
21
damages suffered and sustained by Theta Chi.
22
23
JURISDICTION AND VENUE

23. This Court has federal question jurisdiction over the claims in this action
24
pursuant to 28 U.S.C. 1331, in that the case arises out of claims for trademark
25
infringement, false designation of origin/false or misleading advertising/unfair
26
competition and dilution under The Lanham Act, 15 U.S.C. 1051, et seq.
27
28
24. This Court has supplemental jurisdiction pursuant to 28 U.S.C. 1367

over claims arising from the same or similar facts and circumstances under the
9 Case No.: 11
Case
Case 5:16-cv-01336
5:16-cv-01336Document
Document
1 Filed
1 03/18/16
Filed 03/18/16
Page 10 Page
of 61 10 of 61
California Unfair Competition Law, Cal. Bus. & Prof. Code 17200, et seq., and
California common law.
25. This Court has personal jurisdiction over each and every Defendant. The
acts and transactions underlying the claims in this Complaint and causing harm to
Theta Chi occurred in the State of California as a result of the University Defendants'
and the Chi Theta Chi Defendants' misappropriation and unauthorized use of the
Theta Chi Marks in the State of California. The University Defendants are all
believed to reside, conduct business, and/or own or control property in the State of
California and, additionally, have purposefully directed action to, and have otherwise
10
availed themselves of the privileges and protections of, the laws of the State of
California. Likewise, the Chi Theta Chi Defendants are all believed to reside, conduct
business and/or own, manage, or control property in the State of California and,
additionally, have purposefully directed action to, and have otherwise availed
themselves of the privileges and protections of, the laws of the State of California.
Accordingly, all Defendants have sufficient minimum contacts such that the exercise
of jurisdiction over Defendants does not offend traditional due process notions of fair
play and substantial justice.
26. Moreover, the Chi Theta Chi, with the knowledge and consent of all
19
individual officers and directors thereof, executed the Settlement Agreement and
20
Mutual Release ("Settlement Agreement") in Theta Chi Fraternity, Inc. v. Alumni
21
Association of Chi Theta Chi House, a/k/a Chi Theta Chi, et al, 112-CV-235099 (Oct
22
30, 20112) ("Theta Chi P), in which Chi Theta Chi, the Chi Theta Chi Board, and
23
Defendant Allison contractually consented to the jurisdiction of this Court.
24
27. Venue is proper in the United States District Court for the Northern
25
District of California pursuant to 28 U.S.C. 1391(a) and (b) because the University
26
Defendants and the Chi Theta Chi Defendants are located in the Northern District of
27
California and all or substantially all acts and transactions giving rise to the claims set
28
forth herein occurred or originated in, and caused damage to Theta Chi in, Santa Clara
10 Case No.: 1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
1111
of of
6161
County, California, which is in the Northern District of California.
INTRADISTRICT ASSIGNMENT
28. Pursuant to Rule 3-2(c) of the Local Rules of Practice in Civil Procedure
before the United States District Court for the Northern District of California ("Civil
L.R.") and the Court's Assignment Plan, this is an Intellectual Property Action to be
assigned on a district wide basis.
29. Assignment to the San Jose Division would nonetheless be appropriate
for all Defendants pursuant to Civil L.R. 3-2(e) because (1) at least one Defendant (the
Association) has stipulated to the continuing jurisdiction of this District in this
10
Division, and (2) a substantial part of the events that give rise to Theta Chi's claims
11
against Defendants occurred in Santa Clara County, California.
c)
FACTUAL ALLEGATIONS
ca13
rjok
14
A. Theta Chi's Formation and Its Federally Registered and Protected

Trademarks
30. Theta Chi Fraternity was founded in 1856 at Norwich University. With
more than 175,000 initiated members, 144 active chapters, and 7 colonies in existence,
nFIJ17
ca)
18
Theta Chi Fraternity is one of the oldest and one of the larger men's college
fraternities in North America.
19
31. Theta Chi's purpose is to establish, maintain, govern, improve and
20
promote the welfare, and facilitate achievement of the objectives and ideals, of Theta
21
Chi Fraternity.
32. The name "Theta Chi" has its genesis in the Greek motto "Oliporrout
22
23
'Cap" which, when translated, means "assisting hand" or "helping hand." The first two
24
Greek letters of the motto "0" (Theta) and "X" (Chi) - form its name
33. Consistent with its philanthropic and service orientation, Theta Chi's
25
26
27
28
Notwithstanding Theta Chi I and the comprehensive factual allegations contained therein, Theta
Chi does not assume familiarity with such facts. Moreover, given the additional Defendants in this
case, recently discovered facts relating to prior claims, and new facts relating to new infringements,
Theta Chi re-asserts all relevant facts herein as were set forth in the Theta Chi I Complaint.
11 Case No.: [1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
1212
of of
6161
ideals of promoting good and responsible citizenship, fostering high scholastic
achievement extending a "helping hand" to persons in need, and exhibiting the ideals
of honor, charity, tolerance and patriotism form the framework for its actions and
decisions, define a model code of conduct for all Theta Chi chapters, and have
contributed to the success of Theta Chi over time.
34. Theta Chi's ideals, charitable and service oriented mission and deeds, and
continued existence have earned it considerable goodwill and positive association in
the public mind.
35. Active Theta Chi chapters are named by letters of the Greek alphabet in a
sequential fashion based on their date of activation relative to other chapters. No two
chapters are bestowed the same name.
36. Theta Chi has registered multiple "Collective Membership" trademarks
with the U.S. Patent and Trademark Office, including at least two that are believed to
14
have been infringed in this case:
15
,--,'16
04.)
17
18
(a) the Greek Letters "OX" (Registration. No. 1,231,512 (Mar. 15,
1983)) (Ex. 1); and
(b) the phrase "THETA CHI" (Registration No. 1,240,699 (May 31,
1983)) (Ex. 2).
19
37. The registrations described above are incontestable.
20
38. The Theta Chi Marks have never been abandoned, and Theta Chi is
21
22
23
24
entitled to a conclusive presumption of ownership of the Theta Chi Marks.

39. Only authorized members of the "collective" may use the marks and,
then, only for identification purposes.
40. Entities and individuals may not use the Theta Chi Marks or any
25
"recognizable variant" of any of these marks as a part of its name, or identify itself or
26
himself as affiliated with Theta Chi without express approval from Theta Chi.
27
41. Under no circumstances is any party entitled to use the Theta Chi Marks
28
in a manner that would be contrary to Theta Chits Constitution or Bylaws regarding

12
Case No.: []
Case 5:16-cv-01336
5:16
membership, or in a manner that is harmful or intended to disadvantage Theta Chi or
any constituent component therein.
42. Theta Chi requires its members to aspire to uphold a high moral
standards and attempts through its legacy and continued training, to instill morally
righteous values that its members adhere to. On issues of gender sensitivity and
sexual misconduct, Theta Chi regards all men and women as equals worthy of
significant respect, has zero tolerance for any form of sexual harassment (including
any activity or advertising that portrays women in a demeaning way) or sexually
abusive behavior, whether physical, mental or emotional. Theta Chi further has taken
10
considerable strides to educate its members about the varied forms which sexual
11
c,
cA 12
harassment can take, promote human dignity and respect for others, and foster proper
attitudes toward sexual roles.
Pp 13
ffo
14
43. Furtherance to upholding its values and ideals, Theta Chi has a robust
anti-hazing and human dignity policy. Theta Chi requires all members to treat others
8a
p4_,15
with respect and dignity regardless of race, creed, color, sex, religion, handicap or
sexual orientation.
17
44. These and other fundamental principles and high moral standards are
18
what have defined Theta Chi for years, what has contributed to Theta Chi generational
19
longevity and success, and what Theta Chi has and will continue to be so guardedly
20
protective and vigilant in preserving.
21
B. Theta Chi Fraternity, Inc.: Its Formation and Existence at the University
22
45. The Theta Chi chapter established at the University on May 8, 1920 was
23
named the Alpha Epsilon Chapter of Theta Chi Fraternity. The Alpha Epsilon
24
Chapter has been inactive since 1988.
25
46. On December 21, 1928, four members of the Alpha Epsilon Chapter of
26
Theta Chi organized an alumni building corporation in the name of the Alpha Epsilon
27
Alumni Association as a tax exempt corporation under California law.
28
47. The Alpha Epsilon Alumni Association was created to facilitate the
13 Case No.: [1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
1414
of of
6161
Alpha Epsilon Chapter of Theta Chi's operations, including purchasing, leasing,
acquiring, holding, or owning real or personal property for the use, benefit and support
of the Alpha Epsilon Chapter, and making or financing capital improvements as
needed to the Chapter House.
c,
48. Upon information and belief, following its formation, the Alpha Epsilon
Alumni Association purchased the Chapter House from the University and entered
into a 49-year ground lease with the University which, upon information and belief,
owned the property on which the Chapter House had been built.
49. With the expiration of the initial ground lease looming, the University
10
presented a renewal lease in or about January 1977 ("Lease"). By its terms, the Lease
11
was intended to be an agreement between the Alpha Epsilon Alumni Association and
12
the University.
ci
mok
50. Upon information and belief, the Lease was duly executed by the Alumni
,F!1Association
14 and the University.
15
51. The Lease identified the Alpha Epsilon Alumni Association as owner of
the House and the University as owner of the "parcel of land" on which the House is
c/IN
V)
built. Lease expressly created a reversionary interest in the University. Upon

18
termination of the Lease, ownership of the Chapter House and any other
19
improvements on the Lot reverted from the Alumni Association to the University.
20
52. By its terms, the University agreed to renew the Lease indefinitely as
21
long as both the Alpha Epsilon Chapter of Theta Chi and the Alpha Epsilon Alumni
22
Board remained active.
23
24
25
53. The Lease made no reference whatsoever to any organization calling

itself Chi Theta Chi.
54. With declining membership during the 1970s, the Alpha Epsilon Chapter
26
of Theta Chi began permitting student boarders who were not members of Theta Chi
27
to reside in the House.
28
55. In the mid-1980s, one or more remaining members of Alpha Epsilon

14 Case No.: H
Case 5:16-cv-01336
5:16
Chapter of Theta Chi at the time disaffiliated with Theta Chi, helped to create a
competing group identifying itself as the "Ex-Theta Chi's" or "X-Theta Chi's" -
denoted symbolically as "X-OX" and by name as "Chi Theta Chi."
56. The name "Chi Theta Chi" was an express attempt to suggest
erroneously and in a deceptive way - an affiliation with Theta Chi and capitalize on
local chapter's past relationship and affiliation with Theta Chi.
7
8
the Alpha Epsilon Chapter of Theta Chi inactive due to, among other things, lack of
membership and improper conduct by residents of the House.
10
c, ,t
cc
11
58. Theta Chi representatives visited the House, notified residents that the
Alpha Epsilon Chapter of Theta Chi had been declared inactive, and explicitly
instructed the residents that use of the name "Theta Chi" for any purpose was strictly
El 13
E
W,C2k
57. On or about March 11 or 12, 1988, Theta Chi's Grand Chapter declared
14
15
prohibited.
59. During that visit, the representatives attempted to collect all Theta Chi
property, including literature, initiation ceremony garb, fraternity ritual material and
other items for safekeeping. Unknown to the Theta Chi representatives at the time,
VI cl)
''
0
r--
17
they were unable to recover all Theta Chi property. Upon information and belief, the
18
remaining Theta Chi material was later used or displayed in the House by Chi Theta
19
Chi members.
20
60. Theta Chi reasonably believed the residents of the House would conduct
21
themselves in a law-abiding manner and refrain from unlawfully using Theta Chi's
22
Marks.
23
61. From March 1988 through the present, the Alpha Epsilon Chapter of
24
Theta Chi has remained inactive. By virtue of its inactive status, the Alpha Epsilon
25
Chapter and, by extension, the Alpha Epsilon Alumni Association, had no authority to
26
use the Theta Chi Marks since at least March 1988.
27
C. Chi Theta Chi: An Imposter Organization is Born
28
62. After the Alpha Epsilon Chapter of Theta Chi became inactive, members
15 Case No.: []
Case 5:16-cv-01336
5:16
of the group calling itself Chi Theta Chi continued to reside in the House.
63. Chi Theta Chi also has been and continues to be an umbrella term used to
identify the residents of the student housing cooperative at the University that reside
in the House, Chi Theta Chi's governing board, and the House itself.
64. The name "Chi Theta Chi" has its origin in the notion that individuals in
the organization are "ex-Theta Chi's," which is false, deceptive and misleading, and
which, standing alone, conjures negative or unfavorable connotations or questions
about the fact of "former" membership in Theta Chi.
65. Additionally, Chi Theta Chi holds held itself out as having "evolved"
10
from, "split apart from," "broke away" from, or "succeeded" Theta Chi Fraternity, the
11
CD,
Cn
Alpha Epsilon Chapter of Theta Chi and/or the Alpha Epsilon Alumni Association -
ccg
s 12
'
all of which are false, deceptive and misleading representations and raise negative or
14
66. Members of Chi Theta Chi are not members of Theta Chi, nor could they
15
be; Chi Theta Chi has no relation to or affiliation with Theta Chi, no shared legacy
Fi
vi0
unfavorable connotations or questions about membership in Theta Chi.
and no common historical context. This, however, did not preclude Chi Theta Chi
17
from infringing Theta Chi's trademarks.
18
D. Chi Theta Chi Previously Infringed Theta Chi's Protected Trademarks
19
20
67. Chi Theta Chi used the Theta Chi Marks in various deceptive ways.
None were authorized, each caused confusion, and all were unknown to Theta Chi.
21
68. In particular, for a period of time during which its activities were
22
unknown to Theta Chi, Chi Theta Chi used the name "Chi Theta Chi" interchangeably
23
with "Theta Chi" to identify the group of residents living within the Chapter House,
24
the governing board, and the Chapter House itself, to wit: "Theta Chi is unique
25
because it owns its own house ."; "Theta Chi has a history of not having a
26
'Politically Correct' food policy."; "Theta Chi has many special features. Because
27
they own the house, it stays open all year round ."; and "Theta Chi has also given
28
office or storage space to other campus organizations in the past."

16 Case No.: H
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
1717
of of
6161
1
2
3
69. As chronicled in the Theta Chi I Complaint, Chi Theta Chi's infringing
activities ran the spectrum, from:
(a) creating website material and social media content used on
websites that Chi Theta Chi, or members or supporters thereof
host;
(b) expressly supplying deceptive and confusing web content to third
party websites including, without limitation, the University's
"Residential Education Themed Housing" websites comparing and
contrasting the cooperative housing arrangements of Chi Theta Chi
10
11
with other residential options;

(c) using the Theta Chi name, brand, logo and likeness to attract
potential new residents to the Chapter House;
rfl
fa,
(d) directing its website and social media postings, advertisements and
41R
14
8a
p4,15
0
cr5c/
c-T-1
E-4
17
18
marketing content to existing student residents of the House, as

well as students matriculating to Stanford from inside and outside
of California and internationally who wish to explore alternative
living arrangements;
(e) actively participating in and advertised for Fraternity "Rush"
19
activities for Theta Chi using Theta Chi's name, coat of arms, and
20
other identifying marks.
21
W displaying the Greek letters "OX" (denoting "Theta Chi") thereby
22
affording Chi Theta Chi an opportunity to utilize the prominent
23
and aesthetically robust marks of Theta Chi, and create confusion
24
among certain target audiences, and entice interest in the Chapter
25
House.
26
(g) conducting business operations under the name of the Alpha
27
Epsilon Alumni Association, including availing itself of all rights
28
under the Lease, filing false Form 990 tax forms, using the Alpha
17
Case No.: [1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
1818
of of
6161
Epsilon Association's name and federal taxpayer ID number, and
then changing the Alum name with the California Secretary of
State's office to Chi Theta Chi's name;
(h) usurping the Alumni Association's corporate identity and holding
itself out to be an entity affiliated with Theta Chi in the conduct of
its business and management operations;
(1) falsely holding itself out to be the legitimate successor entity to the
Alpha Epsilon Chapter and the Alumni Association; and
(j) capitalizing on Theta Chi's goodwill, reputation and significant
10
11
c,
historical legacy.
70. Upon information and belief, Chi Theta Chi exposed Theta Chi and the
Alpha Epsilon Alumni Association to potential liability stemming from contracts,
'
untimely, unfiled and false tax returns, negligent management of the House funds,
failure to make appropriate and needed improvements to the House or to comply with
cl) b
15
oo
fire and safety codes many of which formed the basis for the University terminating
the lease agreement.
71. Theta Chi contacted University administrators in December 2011,

18
January 2012, and February 2012, for assistance addressing Chi Theta Chi's
19
misconduct.
20
E. As Owner of the House, the University Takes Control in 2012 and Revokes
Chi Theta Chi's Lease
21
22
23
24
25
26
27
28
72. The University owns the House and the property on which it sits.
73. The University Board has ultimate responsibility for managing and
maintaining all property owned by the University, including the House and the parcel
of land on which its sits at 576 Alvarado Row. The University Board has ultimate and
non-delegable accountability for all acts or omissions on or in connection with any
University Property causing injury or harm to any individual or entity.
74. On or about February 8, 2012, the University informed Chi Theta Chi of
its intent to terminate the Lease, announced plans to take control of the House starting
18 Case No.: H 1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
1919
of of
6161
1 April 1, 2012, and evicted Chi Theta Chi.

2 75. Upon information and belief, several University officials, including
3 Deborah Golder ("Golder"), met with representatives of Chi Theta CM, including
4 Defendant Allison, to inform Chi Theta Chi of the decision to revoke the lease.
5 76. Grounds for terminating the Lease included, among other things:
6 (a) Chi Theta Chi deceptively and falsely used the Alumni
7 Association's taxpayer identification number despite being directed
8 to cease-and-desist;
9 (b) multiple fire and safety code violations and inspection failures;
10 (c) inability to financially and administratively avoid ongoing
11 defaults; and
CD
CCn
ffok
12 (d) failure to maintain corporate status in California.

13 77. Because of the confusion Chi Theta Chi has created, its misconduct
14 reflects equally or more poorly on and exacts reputational and other harm on Theta
15 Chi.
Ugj
78. As grounds for the University re-taking control of the House including
,,,
,0
p d 17 concerns, as expressed by Golder, among others, that the University is ultimately
18 responsible for and exposed to liability for any lawsuits against the House and actions
19 therein by CM Theta Chi and its members.
20 79. The University issued a statement regarding its decision to terminate the
21 Lease, which provided in pertinent part:
22 The University has exercised its option not to renew the current lease for the
23 house, effective September 1, 2012, at which time the University will have legal
24 ownership of the house, collect student funds for housing, and pay for repairs;
25 however, the alumni organization will continue to be responsible for the ongoing
26 management and oversight of the residential program, food/board provision, and
27 student staffing. This arrangement allows the Chi Theta Chi alumni organization to
28 demonstrate that it is qualified to take over and sustain management of the house once
19 Case No.: []
Case 5:16-cv-01336
5:16
the University has confidence that the alumni organization will maintain a reliably
safe, healthy and productive educational experience and living environment for
Stanford undergraduates.
80. The University further stated that it would share its managerial and
supervisory authority with Chi Theta Chi once Chi Theta Chi could "demonstrate the
sustained ability to manage house staffing, establish corporate self-governance, and
create an effective partnership with the University that will ensure the house is
operated with a commitment to life safety and University community values."
9
10
cn
81. Shortly after Chi Theta Chi's eviction, Theta Chi admonished Chi Theta
Chi that:
11
(a) Chi Theta Chi was not authorized to use the Theta Chi Marks;
12
(3) Chi Theta Chi was not permitted to represent or purport to be

affiliated with Theta Chi in any way; and
cqc,
ffok
(c) Chi Theta Chi was not authorized to do business or purport to act
15
for the Alpha Epsilon Alumni Association.
Ooo
16
r- V1
17
18
19
20
82. Chi Theta Chi ignored and defied Theta Chi's directives and persisted
with misappropriating and using without authority the Theta Chi Marks.
83. Chi Theta Chi stole the corporate identity of the Alpha Epsilon alumni
Association.
84. On March 21, 2012, without Theta Chi's knowledge, Chi Theta Chi filed
21
Amended Articles of Incorporation with the California Secretary of State to change
22
the Alpha Epsilon Alumni Association's name to Chi Theta Chi's own name. Chi
23
Theta CM had no authority to act for or change the name of the Alumni Association.
24
85. Chi Theta Chi made false statements and submitted false certifications to
25
the California Secretary of State's office using the Alumni Association's corporate
26
entity number (C0131837) for Chi Theta Chi and falsely representing Chi Theta Chi's
27
"origination date" to be December 21, 1928.
28
86. After termination of the lease, the University assumed full control of the
20
Case No.: [1
Case 5:16-cv-01336
5:16
House as of on or about April 2, 2012. Among other things, the student residents of
the House began paying rent directly to the University.
3
4
5
6
7
87. Upon information and belief, the University closed the House for 2012
summer renovations.
88. The University re-opened the House for the Fall 2012 semester student
housing assignments.
89. Upon information and belief, members of Chi Theta Chi were permitted
to again reside in the house once it re-opened for housing assignment and have
continued to do so since that time.
10
11
c,
s 12
LN
13
90. Chi Theta Chi also revived its infringement on Theta Chi's Marks and
ignored repeated demands by Theta Chi to cease and desist such infringing activity.
F. Theta Chi Commences Litigation Against Chi Theta Chi (Theta Chi I)
91. On October 30, 2012, Theta Chi filed a complaint in California State
Court in Santa Clara County Theta Chi I alleging federal trademark infringement,
8KII
tge,;3
federal trademark dilution, state trademark dilution, unfair competition, and

misappropriation based on the conduct set out above.
vi0
n
92. On November 20, 2012, the Association filed a Notice of Removal to the
18
U.S. District Court for the Northern District of California, 3:12-cv-05942-JSC (Nov.
19
20, 2012).
20
93. Throughout the brief litigation in Theta Chi I, Theta Chi coordinated with
21
the University, through the OGC and RDD, given each office's role in supervising and
22
managing the activities of such groups as Chi Theta Chi on campus.
23
94. On or about January 12, 2013, the parties executed the "Settlement
24
Agreement and Mutual Release" (Ex. 3) followed by a "Joint Stipulation to Dismiss
25
with Prejudice" of the matter on covenant that both parties would abide by the terms
26
of the Settlement Agreement.
27
28
95. In approving the dismissal, the Court entered the dismissal order but, as
agreed by the parties, retained jurisdiction "to enforce the parties' Settlement
21
Case No.: [I
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
2222
of of
6161
Agreement as necessary and to the fullest extent provided by law."
2
3
96. Among other provisions in the Settlement Agreement, Chi Theta Chi
expressly acknowledged:
(a) Theta Chi has four registered and protected marks, (Ex. 3 -
Settlement Agreement at 1);
(b) "sometime after March 1988, the Association with Stanford
University's Office of Residential Education, began managing the
Property solely as a student cooperative living residence" and
referred to itself as the "Chi Theta Chi" House denoted by Greek
10
letters "Chi Theta Chi" or "XOX" (id.); and
11
t:4
(c) on or about September 1, 2012, the "University terminated the
12
Association's ground lease to the Property, became the sole owner
13
of the structure located thereon, and assumed full responsibility for
'
cn
8cta' 15
04).
providing student housing on that Property" (id. at 2) (emphasis

added).
97. The express terms of the Settlement Agreement directed Chi Theta Chi
to:
18
19
20
21
22
23
24
(a) "permanently cease all use in commerce of the Theta Chi and Chi
Theta Chi Marks "(Ex. 3 - Settlement Agreement, 111(a)(i))
(b) "ensure all [Association] members are notified of the terms of this
Agreement ." (id. , 111(a)(ii));
(c) file a "Certificate of Election to Wind Up and Dissolve
Association" with a California Secretary of State, (id., 1(a)(iii));
(d) cease using the names "Alumni Association of Chi Theta Chi
25
House" and "Alumni Association of Chi Theta Chi House" beyond
26
its final tax returns in 2013, (id.,111(a)(0);
27
28
(e) "initiate its dissolution" proceedings within 20 days of the

Effective Date of the Settlement Agreement and complete its
22 Case No.: []
Case 5:16-cv-01336
5:16
1
2
dissolution by no later than August 1, 2013, (id. , 1(c));

(f) remove its website and social media postings that reflect Chi Theta
3
4
Chi's name; (id., If 1(d));

98. The Settlement Agreement further acknowledged that the Association
"shall not oppose or interfere with any effort by Theta Chi to cause Stanford and the
residents of the Property to change the name of the House" to eliminate use of the
words "theta" or "chi" or Greek letter equivalents. (Settlement Agreement, 11 1(b).)
99. In the event of a breach, the non-breaching party would be required to
give written notice 15 days in which to cure the breach. Failure of the breaching party
10
to cure within 15 days entitled the "non-breaching party to enforce any and all
11
provisions of this Agreement, recover any actual damages resulting from the breach
71-
and any other relief that the Court may impose." (Settlement Agreement, 1
CA 't.) 12
Pf13
Kic
14
H
c../) L
rz4 g 0,
oo
c"cji
0
MO. The parties further agreed that the Settlement Agreement would "extend
to, inure to the benefit of, and be binding upon the parties hereto and their respective
15
directives, officers, partners, proprietors, attorneys [and] agents" among others."
16
(Settlement Agreement, 4g 5(b).)
n)-1,
217
ts-
101. In both the Agreement and the stipulated dismissal, Theta Chi and Chi
18
Theta Chi (and its directors officers, attorneys and agents) expressly consented to the
19
exclusive jurisdiction of the U.S. District Court for the Northern District of California.
20
(Settlement Agreement, It 5(e).)
21
22
23
24
25
26
27
28
G. The University, As Owner of the House and Property, Had an Integral

Role In Settlement Discussions and Provided Assurances of Corrective
Action
102. Following execution of the Settlement Agreement, the University,
through the OGC and RDD, worked with Chi Theta Chi to establish a new name for
the House and ensure the Chi Theta Chi name was no longer used (the "naming
discussions").
103. In addition, Chi Theta
Chi directors and officers, including Defendant

23 Case No.: [I
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
2424
of of
6161
Allison, provided guidance, advice and encouragement to members of Chi Theta Chi
and residents of the House.
104. At the University's request, Theta Chi agreed to accommodate Chi Theta
Chi and the student residents of the House to delay its obligation to cease use of the
Theta Chi marks in connection with the House naming until the close of the school
year only a few months from the date of the Settlement Agreement.
105. Theta Chi's accommodation was predicated on assurances from the
University that the University would work in good faith with Chi Theta Chi to
extinguish any infringing activity by Chi Theta Chi. The University also ensured
10
Theta Chi that the University would police its own websites, social media and other
11
outlets to excise any reference to Chi Theta Chi.
CD7
106. Theta Chi subsequently learned that the University had no intention to
p4cD
work in good faith with Chi Theta Chi to comply with the Settlement Agreement or
E*
14
t7,
a, 15
w
16
r--
17
18
19
20
facilitate a meaningful resolution. On the contrary, unbeknownst to Theta Chi at the

time, the University steadfastly worked to undermine Theta Chi's efforts to protect its
marks.
107. In or about March 2013, the University, principally through
Schoenthaler, proposed such ludicrous alternatives as:
(a) employing the Latin letters for "XOX" as the new symbols for the
House;
21
(b) using "XOX" as the new symbols to denote the love and emotional
22
tenderness that defined the profile of the anticipated residents of
23
the House; and
24
(c) employing a pirate-themed "skull and cross bones" designed by the
25
residents which, as described to Theta Chi's counsel, appeared
26
deceptively similar to the Greek letter "Theta" overlay on the
27
Greek letter "Chi."
28
108. All such proposals were obvious attempts to make a mockery of Theta
24 Case No.: [1
Case 5:16-cv-01336
5:16
Chils interests and circumvent Chi Theta Chi's obligations under the Settlement
Agreement. They were rejected outright by Theta Chi.
109. On or about March 25, 2013, Theta Chi issued a cease and desist notice
to the University, directed to Schoenthaler, Golder, and the University's General
Counsel, Debra Zumwalt ("Zumwalt"). Theta Chi requested an acknowledgment and
response by a date certain. Neither Schoenthaler, Golder nor Zumwalt responded by
the date requested.
110. On or about April 5, 2013, Theta Chi again contacted Schoenthaler,
Golder and Zumwalt about the University's latest proposal for the name change to the
10
House. A call was scheduled for April 11, 2013. Schoenthaler and Golder attended
11
the conference call; Zumwalt did not attend although it was represented to Theta Chi
that Zumwalt had been briefed on all issues to date.
-',
M. During the April 11 conference call, and in a follow up communication,

14
cn
8,v4115
Ogc4
, 16
&jo
Schoenthaler and Golder provided various assurances to Theta Chi, including:

(a) the students agreed to no longer use or reference the name "Chi
Theta Chi" and its corresponding or similar-appearing symbols in
17
connection with the student organization or the House after the
18
conclusion of this academic year (mid-June 2013) and that the
19
students had selected another name and symbol that the
20
University's OGC and RDD had approved;
21
(b) the University would remove all content from its webpages
22
reflecting or referencing "Chi Theta Chi" and "XOX" or similar
23
symbols after the conclusion of this academic year in mid-June
24
2013, as well as the "XOX" letters from the House;
25
(c) the students and residents of the House would not attempt to
26
embed the words "Theta" and "Chi" or corresponding or similar
27
symbols into a new House image or theme including, but not
28
limited to a skull and cross bones image, and the University would
25 Case No.: [1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
2626
of of
6161
1
2
,
cn
,wF.Jso
(d) the University understood its obligations to avoid further
infringements of the Theta Chi Marks and would be vigilant and
proactive in policing compliance with this agreement, both as to
the University's own actions, the House and the residents of the
House.
112. Theta Chi directed Schoenthaler and Golder to instances in which
references to "Chi Theta Chi" appeared on Stanford-owned and/or hosted websites
and demanded that those be removed. The University agreed to do so.
10
113. In a later email dated April 18, 2013, Schoenthaler, on behalf of the
11
University, reassured Theta Chi that the House would be described in University
12
materials as "576 Alvarado Row (formerly known as Chi Theta Chi)" and asked if this
would be acceptable through the remainder the academic school year. Theta Chi
wok
EC
)c;J4114
15
cA0-
not approve use of any such image; and
agreed to accommodate the University's limited request without waiving any rights
Theta Chi had to protecting its marks.
16
114. Schoenthaler, on behalf of the University, further assured Theta Chi that
17
the residents of the House shall not use the name "Chi Theta Chi" or "XOX" in
18
depicting or describing the House.
19
115. On or about April 23, 2013, Theta Chi identified to Schoenthaler, Golder
20
and Zumwalt references to Chi Theta Chi or its symbols on University owned or
21
sponsored websites. Schoenthaler, on behalf of the University, assured Theta Chi on
22
or about April 25, 2013 that the University was locating the webmaster for its
23
websites and would have the offending references removed immediately.
24
116. On or about June 12, 2013, Theta Chi again identified to Schoenthaler,
25
Golder and Zumwalt certain references to "Chi Theta Chi" and the corresponding
26
symbols on University owned or hosted websites, including the University's RDD
27
website. Schoenthaler, on behalf of the University, on or about June 18, 2013, assured
28
Theta Chi that the "websites are down or coming down imminently." Schoenthaler
26
Case No.: H
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
2727
of of
6161
m
4
further assured Theta Chi that "[s]tudents understood that they had until graduation to
2
3
clean their own website and we had missed the [Residential Education] website when
we cleaned other websites."
117. On or about August 22, 2013, Theta Chi again identified to Schoenthaler,
Golder and Zumwalt new references to "Chi Theta Chi" in connection with a campus
renovation plan. In particular, a construction fence erected around the House during a
major renovations project identified the project as the "Chi Theta Chi Renovation"
with a completion date of August 2013.
118. Upon inspection of the on-campus map, "Chi Theta Chi" still appeared as
10
a demarked location long after the University had assured Theta Chi that all such
11
references would be sanitized. Theta Chi explained that use of and reference to "Chi
Theta Chi" could mislead the general public into believing, erroneously, that Theta
Chi was coordinating, supervising, funding the renovations to the House, or was
14
insuring against loss, harm, compliance with municipal zoning and construction
8dF,115
p4_,
16
requirements, or injury that may occur on that property during the renovation process.
N'
assured Theta Chi that the signage, map and other references had been corrected and
18
119. On or about August 26, 2013, Schoenthaler, on behalf of the University,

removed any reference to Chi Theta Chi.
19
120. Theta Chi reasonably relied on the University's repeated assurances and
20
promises of corrective action by the University. Based on such assurances, Theta Chi
21
reasonably believed that there would be no recurrence, that the University would be
22
vigilant in policing the misconduct of Chi Theta Chi Defendants, and that the
23
University would notify Theta Chi should any similar infringements occur on
24
University owned and controlled property, through University owned and controlled
25
media outlets, and through University owned, controlled and hosted websites and
social media.
26
27
28
27 Case No.: r]
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
2828
of of
6161
1
2
3
H. Chi Theta Chi and the University Collaborated and Conspired About
Subsequent, Repeated Infringements of the Theta Chi Marks Resulting in
Broad Dissemination of Such Infringement.
i. Chi Theta Chi Has Continuously Infringed the Theta Chi Marks
Following the 2013 Settlement
121. In or about November 2015, Theta Chi observed new infringements and
violations of its protected marks by the Association and residents of the House. Upon
further inspection, Theta Chi learned that such violations were rampant and
widespread, and both violated the terms of the Settlement Agreement and constituted
new, independent violations.
10
122. Through its own investigation, Theta Chi learned of a multitude of
11
m
cc*?,?_12
additional violations by Chi Theta Chi of which the University knew, permitted,
5p13
'
c,o
-
and use of University owned and controlled property.
616
cA
N-1-i
17
(1)
continued to use the entity name "Alumni Association of Chi Theta Chi House."
acquiesced and/or failed to take action to prevent as they related to the identification
E-
123. Theta Chi learned that, despite the express terms of the Settlement
Agreement, Chi Theta Chi remained in "active" status, had not been dissolved, and
18
Agreement, Chi Theta Chi failed to change its name, or not oppose or interfere with
19
changing the name of the House to omit the words "Theta" and "Chi" and their Greek
20
letter equivalents.
21
22
Agreement, Chi Theta Chi continued to maintain and use "Theta Chi" paraphernalia
23
on the Property suggesting an affiliation with or endorsement by Theta Chi.
24
25
Agreement, Chi Theta Chi failed to remove all content referencing the "Theta Chi"
26
and "Chi Theta Chi" name, Greek letters and marks from its social media outlets, such
27
as its own Twitter and Facebook pages.
28
28 Case No.: []
Case 5:16-cv-01336
5:16
Agreement, Chi Theta Chi had filed its 990 Forms for tax years 2013 and 2014 using
the name "Alpha Epsilon Alumni Association of Theta Chi" and that Chi Theta Chi
intended to do so in its 990 Forms for tax year 2015 over Theta Chits objections.
Agreement, on or about May 28, 2014, Chi Theta Chi, in conjunction and
coordination with the Stanford Music Collective, hosted a concert believed to feature
local musicians and musical acts "Charly Bliss," "River Ran" and "Baby Dumpling"
(the "Bliss event"). The venue as advertised was at "Chi Theta Chi (XOX) 576
Alvarado Row." Chi Theta Chi directly collaborated on this effort. Chi Theta Chi
10
knew it was improperly using the Chi Theta Chi name to identify the House.
Moreover, the University was aware of and permitted, consented to, authorized,
acquiesced, facilitated and/or failed to take action to prohibit the use of the name Chi
Theta Chi or symbols "XOX" to identify University-owned property.
Agreement, Chi Theta Chi continued use of the "Theta Chi" and "Chi Theta Chi"
names, Greek letters and marks to suggest or imply Theta Chi's sponsorship, approval
or endorsement of Chi Theta Chi events and activities at House including, but not
18
limited to, what are believed to have been regularly occurring "THETA CHI
19
THURSDAY" "theatrical" events ("Theta Chi Thursday"), events and activities at the
20
House pirating the name, reputation and goodwill of Theta Chi.
21
130. One such Theta Chi Thursday event featured parodies and theatrics
22
entitled "Theta Chi Thursday X Silk Worm, & Britney Smearz: Anal Flora" (the
23
"Theta Chi Thursday Anal Flora Collective Presentations") on or about October 29,
24
2015. The Theta Chi Thursday Anal Flora Collective Presentations featured acts,
25
skits, monologues involving physical, emotional and psychological violent and
26
abusive relationships, "female-personating drag performers," parodies about alcohol
27
and substance abuse, songs about "farting on faces, pillows, and bloody revenge-
28
killing," and deviant, medically unsafe and unhygienic group sexual activities.
29 Case No.: []
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
3030
of of
6161
131. One of the performers, the presumptive Emcee and host, at the Theta Chi
Thursday Anal Flora Collective Presentations was a male Stanford student named Eric
Eich, a self-described "drag performer and filmmaker," who performs under the
pseudonym "Silk Worm." Upon information and belief, Eich was invited by Chi
Theta Chi to Emcee and perform at the Theta Chi Thursday Anal Flora Collective
Presentations and is believed to be affiliated with Chi Theta Chi.
132. Upon information and belief, the Theta Chi Thursday Anal Flora
Collective Presentations was one of many Theta Chi Thursday events to be held at the
House and sponsored and hosted by the Chi Theta Chi Defendants.
10
133. The Theta Chi Thursday Anal Flora Collective Presentations event was
11
reviewed in The Stanford Arts Review, dated November 3, 2015, entitled "Queens,
12
Queers and Anal Flora" featuring a photo believed to be Eric Eich (a/k/a "Silk
,c8
E' 13
2 14
or;F,
p4_, 15
QO
Worm") cross-dressing on stage at the House. The review stated, in part:

(a) "Last week's Theta Chi Thursday presented Anal Flora, a
performance organized by Silk Worm and Britney Smearz."
(b) "Many of the performers were in gender-bending costuming";
17
(c) "Anal Flora had an outstanding level of unity across the various
18
genres of performance, mostly showcasing a fun and healthy way
19
to do drag that centered on queerness and difference."
20
(d) "[T]his is Anal Flora and it would be nothing without the queer,
21
the sexual and the abject. And what a perfect visual representation
22
of the night than people crawling on all fours, face in each other's
23
asses, centipeding around the room to a stunned crowd. Pink eye,
24
fluids, eating people out no one was ready for it but that's exactly
25
what we came for, isn't it?"
26
134. The Stanford Arts Review review was authored by Alex Zivkovic. Upon
27
28
5 httplistanfordartsreview.comianal-flora/
30 Case No.: [1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
3131
of of
6161
1 information and belief, Zivkovic was invited to attend the Theta Chi Thursday Anal
2 Flora Collective Presentations to write a review of the event for broad distribution and
3 dissemination among the University population as well as to outside readers.
4 135. Subsequent to the Theta Chi Thursday Anal Flora Collective
5 Presentations, Chi Theta Chi and the University collaborated on, co-sponsored and/or
6 co-hosted additional events using the Chi Theta Chi name and symbols to identify the
7 House and the event itself. On or about January 7, 2016, Chi Theta Chi, in
8 conjunction with the University, sponsored the "National College Poetry Slam
9 Qualifier" ("Stanford Qualifier") round advertised as being held at "XOX" in the "Chi
10 Theta Chi Lounge." The Stanford Qualifier round, sponsored and/or endorsed by the
11 University, was purportedly held to select five students from among all competitors to
.c),tv_1,r 12 represent the University at the 2016 College Unions Poetry Slam Invitational
13 ("CUPSI") in Austin, TX on April 6-9, 2016. Upon information and belief, the
ffo
W
'&1015
p4,
Acquiesced, Enabled and/or Facilitated Chi Theta Chi's Repeated
0 Infringement of the Theta Chi Marks on University Owned and
n -4 17
r-- Controlled Property and Through University Media Outlets.
18 136. The University was aware of and permitted, and/or failed and refused to
19 take action to prohibit, the use of the name "Chi Theta Chi" or symbols "XOX" to
20 identify University-owned property, to advertise for the Theta Chi Thursday and other
21 Chi Theta Chi events held at the House in the name of Chi Theta Chi or using the
22 symbols X0X.
23 137. The University knew that all such events advertised and hosted by Chi
24 Theta Chi and held at the University-owned and controlled House were intended to
25 denote and identify, at least in part, Chi Theta Chi's purported affiliation, or former
26 affiliation, with Theta Chi.
27 138. The University knew that all such events advertised and hosted by Chi
28 Theta Chi and held at the University-owned and controlled House were intended to
31 Case No.: H
Case 5:16-cv-01336
5:16
mock, humiliate, demean, and falsely imply and attribute to Theta Chi conduct
consistent with the themes of the "theatrical events" presented, including those at the
Theta Chi Thursday Anal Flora Collective Presentations.
4
5
and content of the events and activities to be held during Theta Chi Thursday
presentations, including but not limited to the Theta Chi Thursday Anal Flora
Collective Presentations. Just two weeks before the Theta Chi Thursday Anal Flora
Collective Presentations, Eich (a/k/a "Silk Worm") performed "Bottom Bride," a
performance of similar theme and content took place with the University's permission
10
c,
g,)
139. The University knew the potentially offensive and embarrassing nature
11
12
and consent at the University's Elliott Program Center.

140. The University permitted, consented or acquiesced in having its name,
reputation and likeness used to promote, review, and further perpetuate the false
relationship of and attribution to Theta Chi in The Stanford Arts Review, giving the
14
c
8t2i15
appearance of official imprimatur by the University.

141. The Stanford Arts Review is believed to be affiliated with the University
and with The Stanford Daily, is believed to be a University sponsored or funded media
17
project, and is believed to have actual or apparent authority to print content for or on
18
behalf of the University, using the University's name, reputation and goodwill to
19
increase readership and viewership within and among the University student
20
population and beyond.
21
142. The University permitted, consented or acquiesced in having The
22
Stanford Arts Review affiliate itself with the University with full understanding of The
23
Stanford Arts Review's self-described mission and focus on University-centric
24
readership "to fertilize a burgeoning campus arts culture by providing an Internet
25
platform for the creation, discussion, dissemination, and consumption of the arts."
26
143. Additionally, The Stanford Arts Review review was authored by Alex
27
28
6 http://stanfordartsreview.comimissioni
32 Case No.: 11
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
3333
of of
6161
1 Zivkovic. Upon information and belief, Zivkovic was during all relevant periods a
2 Desk Editor for the news section of The Stanford Daily news section. Upon further
3 information and belief, Zivkovic principally covers stories on academics, student
4 activism, arts and entertainment on campus for The Stanford Daily.
5 144. The University also knowingly hosted, in conjunction with Chi Theta
6 Chi, the Stanford qualifier round for selection of the CUPSI team at the House
7 knowing such event was being advertised and promoted as held at "XOX" in the "Chi
8 Theta Chi Lounge" and took no action to prohibit such advertisement or promotional
9 activities by Chi Theta Chi.
10 145. After learning of the foregoing violations, Theta Chi's Executive Director
11 immediately notified the University's OGC. Schoenthaler, Senior University Counsel,
N 12 assured Theta Chi that she would investigate, inquire and revert back within one week
9
[do
0 c
80,
Ogcl
16 representative reported back to Theta Chi on steps being taken to address and
0
n) 17 remediate the violations.
18 I. Chi Theta Chi has Failed and Refused To Cure its Violations
19 147. On or about January 4, 2016, Theta Chi, through counsel, notified Chi
20 Theta Chi's counsel pursuant to Paragraph 4 of the Settlement Agreement of the
21 violations in the form of a Cease & Desist letter itemizing the multiple violations.
22 (Exhibit 4 (w/ tabs 1-9).) The Cease & Desist letter demanded that Chi Theta Chi
23 take immediate steps to cure such violations pursuant to the terms of the Settlement
24 Agreement.
25 148. On January 11, 2016, Chi Theta Chi, through counsel, conceded that it
26 had breached the Settlement Agreement by failing to file the "Certificate of
27 Dissolution" as required. Counsel for Chi Theta Chi disputed that it had violated any
28 other provision of the Settlement Agreement despite the fact that counsel knew Chi
33 Case No.: [1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
3434
of of
6161
Theta Chi had filed its 2014 federal tax returns in the name of "Alpha Epsilon Alumni
Association of Theta Chi," a clear violation of Paragraph 1(a)(iii) of the Settlement
Agreement.
4
5
threatened further breach of the Settlement Agreement by advising that "the
Association's 2015 tax returns will be filed under the name 'Alumni Association of
Chi Theta Chi House' ." despite knowing that doing so would violate Paragraph
1(a)(iii) of the Settlement Agreement. Chi Theta Chi's own counsel has guaranteed, in
writing, that Chi Theta Chi still intends to commit further breaches of the Settlement
10
c, rn
149. In a January 21, 2016 email communication, Chi Theta Chi's counsel
Agreement.
11
150. To date, Chi Theta Chi has failed and refused to take any further action to
12
comply with the terms of the Settlement Agreement. Chi Theta Chi also has failed to
"
withdraw or retract its threat to commit further violations of the Settlement Agreement
by, among other things, filings its 2015 tax returns using a prohibited name.
cfl c
8Lca15
OLPI
rn
17
r-
151. Despite Theta Chi's demand letter, Chi Theta Chi continues to host events
and activities at the House under the name Chi Theta Chi, including the Stanford
Qualifier round for the CUPSI on or about January 7, 2016, discussed above, and a
18
concert event entitled "Our Own Success Stories: Kimya Dawson and Emay" (the
19
"Dawson/Emay Event") on or about February 26, 2016, also advertised as being
20
hosted by "Chi Theta Chi" at the "Chi Theta Chi House."
21
22
23
24
25
26
K. The University has Exhibited Indifference to the University's Own

Trademark Violations and Has Refused to Cease Known Infringements on
the Property
152. Meanwhile, Theta Chi also discovered that, despite its assurances to the
contrary, the University had not sanitized its websites and social media, nor had it
adequately policed its print and online news outlets, to eliminate references to Chi
27
28
7 http://www.stanfordmusiccollective.comiabouthtml; see also http://stanfordartsreview.comiourown-success-stories-kimya-dawson-and-emay-at-xoxi.

34 Case No.: [1
Case 5:16-cv-01336
5:16
Theta Chi. One such infringement included the University's RDD webpage listing the
"Chi Theta Chi" cooperative house, and referencing how Chi Theta Chi was at one
time affiliated with Theta Chi but later "broke away" from the fraternity
which is false and misleading.
153. On or about January 6, 2016, Theta Chi, through counsel, notified
Schoenthaler of Chi Theta Chi's violations as well as the University's trademark
violations. Theta Chi provided Schoenthaler a copy of the January 4 Cease & Desist
letter with attachments (Ex. 4). Schoenthaler, in turn, forwarded the Cease & Desist
Letter to Golder and Zumwalt.
10
11
CD Cn
154. The University eventually agreed to a call with Theta Chi scheduled for
January 27, 2016. Schoenthaler, Golder and Zumwalt, among others, participated in
that call on behalf of the University.
P) t5,
155. During the January 27, 2016 call, Zumwalt, Schoenthaler and Golder
14
41'
8a 15
acknowledged the University's violations. They offered no explanation for the

violations, but re-assured Theta Chi that the University would cleanse and sanitize its
websites, social media and other outlets reasonably within the control of the
Cl)
University of any reference to "Chi Theta Chi" or "XOX" all of which it had been
'c
r-
18
previously promised to Theta Chi but which the University had failed and refused to
19
honor in 2013.
20
21
further acknowledged the University had long known of the Chi Theta Chi
22
Defendants' violations, including blatant use of the Theta Chi name to advertise and
23
promote the regularly recurring events called "Theta Chi Thursday" and other events
24
and activities.
25
26
27
28
8 https://rde.stanford.eduistudenthousing/cooperative-houses. Although all such references to Chi

Theta Chi have since been removed from the University's webpage a recognition that the postings
were improper and infringed on the Theta Chi's Marks they remained posted as of January 2016
despite assurances from the University up through August 2013 that all such postings would be
removed. (See Exhibit 4 (tabs 3, 4 respectively))
35 Case No.: [1
Case 5:16-cv-01336
5:16
explained that the University had attempted to "talk" to the Chi Theta Chi Defendants
about discontinuing use of the Theta Chi name and other marks. They explained the
University was unwilling to take more meaningful enforcement action designed to
actually cure the infringements and dissuade future recurrences.
158. Entreaties to the University to take appropriate action to remediate the
infringements have been unsuccessful. The University has abjectly refused to take
any action to either cause Chi Theta Chi Defendants to remove the infringing
references or to ensure such infringements do not recur, all of which continues to
10
11
occur on University owned and controlled property.

159. The University's commitment to inaction virtually ensures that the
infringements by the Chi Theta Chi Defendants will continue unabated, as evidenced
cqI4
N
by the Bliss event, multiple Theta Chi Thursday events including Theta Chi Thursday
8d'b
and the Dawson/Emay Event, to name a few, all of which have been sanctioned and/or
cn
Anal Flora Collective Presentations, the Stanford Qualifier CUPSI selection event,
vicej
n-IJ
17
r-
endorsed by the University in its affiliated publications.

160. In light of the foregoing, Theta Chi has exhausted all potential avenues to
18
avoid litigation. It must protect its trademarks and enforce its rights. Claims for relief
19
follow.
20
21
22
23
24
25
26
COUNT ONE
(Infringement of Registered Trademarks
Against All Defendants, Jointly/Severally)
[Lanham Act, 15 U.S.C. 1114]
161. Theta Chi hereby incorporates and re-alleges each and every paragraph
above as though fully set forth herein.
162. The Theta Chi Marks owned by Theta Chi are valid, federally-registered
trademarks entitled to protection under the Lanham Act.
27
28
9 http://stanfordartsreview.comiour-own-success-stories-kimya-dawson-and-emay-atxcod.
36 Case No.: [1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
3737
of of
6161
163. The Theta Chi Marks are distinctive, unique and exceptionally strong.
2 164. As the owner of all rights, title, and interest in and to the trademarks,
3 Theta Chi has standing to maintain an action for trademark infringement under the
4 Lanham Act, 15 U.S.C. 1114.
5 165. All Defendants are, and at the time of the acts alleged herein were,
6 actually aware of the Theta Chi Marks.
7 166. At no time did either the University Defendants or the Chi Theta Chi
8 Defendants obtain authorization or consent from Theta Chi to use, employ, display or
9 distribute, market or promote, directly or indirectly, any of the Theta Chi Marks.
10 167. The University Defendants and Chi Theta Chi Defendants intentionally
c,
11 and knowingly used in commerce the infringing mark Chi Theta Chi and other
12 information pertaining to Theta Chi's Marks, including but not limited to the multiple
4E,
ffo 13 instances of the University and Chi Theta Chi advertising the "Chi Theta Chi" House
14 as a residential cooperative living arrangement in a competitive housing assignment.
8n1 15 This residential cooperative living arrangement involved the House, a University
-16 owned and controlled property that, either through a lease agreement or other formal
Qj
,(1
18 members of Chi Theta Chi, and to host, sponsor and coordinate events in the name of
19 Chi Theta Chi.
20 168. Chi Theta Chi's trademark infringement violations also include, among
21 other things:
22 (a) using "Chi Theta Chi" interchangeably with "Theta Chi" to identify
23 the group of residents living within the House, the governing
24 board, and the House itself;
25 (b) creating deceptive and confusing website material and content on
26 websites hosted, controlled and/or owned by Chi Theta Chi;
27 (c) supplying such deceptive and confusing content for third party
28 websites that target and are accessible to a consuming public of
37
Case No.: 11
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
3838
of of
6161
prospective students throughout California, the United States and
internationally, all while knowing that such content showcases Chi
Theta Chi's residence information, size, theme, House description,
and other characteristics and eligibilities for purposes of attracting
new residents;
(01) advertising and identifying itself using the marks "Theta Chi" and
"Chi Theta Chi," Greek letters and marks from social media outlets
in connection with multiple commercial pursuits;
(e) using the Theta Chi and Chi Theta Chi names and symbols to
10
advertise and promote activities at the House hosted by Chi Theta
11
Chi;
(f) filing false 990 Forms for tax year 2013 using the name "Alpha
13
m0k
14
v,
044',,915
Epsilon Alumni Association of Theta Chi";

(g) filing false 990 Forms for tax year 2014 using the name "Alpha
Epsilon Alumni Association of Theta Chi";
(1) threatening to file false 900 Forms for tax year 2015 using the
,---
17
name "Alumni Association of Chi Theta Chi House."
18
(0 conducting business operations under the name Chi Theta Chi
19
while using the federal taxpayer ID number of an entity affiliated
20
with Theta Chi;
21
(j) holding itself out to be an entity affiliated with Theta Chi; and
22
(k) holding itself out to be the legitimate successor entity to a Theta
23
24
Chi affiliated entity.

169. By carrying out the foregoing actions, the Chi Theta Chi Defendants have
25
likely caused and are likely to continue to cause confusion. As a result of their
26
infringement, the Chi Theta Chi Defendants have benefitted from, and continue to
27
benefit from, Theta Chi's legacy and the goodwill, reputation, and name recognition
28
that Theta Chi enjoys via the Theta Chi Marks.

38 Case No.: [1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
3939
of of
6161
170. The University and, by extension the University Board, knew about,
permitted, facilitated, encouraged, collaborated with, acquiesced in or failed to take
any action to stop Chi Theta Chi's multiple trademark infringement violations on or in
University-owned and controlled property in a manner that is likely to cause consumer
confusion, including:
(a) affording Chi Theta Chi access to University owned, managed,
supervised, housed and/or or controlled media outlets to advertise
for events and activities at the House using the Theta Chi and Chi
Theta Chi names, as well as Greek letter symbols.
10
11
cA
(b) permitting, authorizing, consenting, collaborating with and/or

facilitating Chi Theta Chi's use of the House to host events and
activities in the Theta Chi and Chi Theta Chi names, as well as
F13
-1
Greek letter symbols, including but not limited to the concert and
theatrical events discussed above, the "Theta Chi Thursday"
c'DC1
'
recurring events, the notorious "Theta Chi Thursday Anal Flora

L1
Collective Presentations" and other events referenced in this
n-4-i4417
18
Complaint;
(c) authorizing or consenting to the continued use and possession of
19
"Theta Chi" paraphernalia on the Property, including the large
20
Greek Letters "0" and "X" that once adorned the front face of the
21
House, and the Theta Chi Crest, suggesting an affiliation with or
22
endorsement by Theta Chi of Chi Theta Chi, the House, its
23
residents and the activities or events hosted by Chi Theta Chi or in
24
Chi Theta Chi's name at the House.
25
171. The University Defendants have also independently infringed the Theta
26
Chi Marks, after expressly acknowledging the protected nature of those marks, by
27
intentionally, by design, or recklessly failing and refusing to remove all references to
28
the "Theta Chi" and "Chi Theta Chi" names, Greek letters and marks from University
39 Case No.: [1
Case 5:16-cv-01336
5:16
1
2
infringement foreseeable given the admitted suggestive nature of the name "Chi Theta
Chi." As the University and Chi Theta Chi previously acknowledged, Chi Theta Chi
or "X-Theta Chi" intentionally leverages the name "Theta Chi" and suggests (falsely)
that individuals once were but are no longer members of Theta Chi.
173. Defendants' unauthorized use of the Theta Chi Marks infringes on Theta
Chi's rights to protection of its federal registered marks and is likely to cause
confusion, mistake or deception among consumers in addition to the initial interest
10
confusion already caused, as to the identity of the legitimate organization entitled to
11
use that name Such use is also likely to cause confusion, and has indeed caused
12
initial interest confusion, as to whether Theta Chi is sponsoring, has authorized or
c,
cJ,
172. Defendants' infringement of Theta Chi's Marks was intentional and the
en
owned, controlled, or hosted web sites and social media outlets.
endorsed or supported, or is somehow affiliated with, a sponsor of or participant in

14
c, c
8gF,',15
r-
17
CM Theta Chi's misconduct, unconventional living arrangements, controversial and

unsettling theatrical performances, and failures or "lapses" of management of the
House, all of which are contrary to and inconsistent with Theta Chi's ideals.
174. A prospective consumer, student, registrant or potential member would
18
likely experience confusion between the Theta Chi Marks and use of the Chi Theta
19
Chi name. This, in turn, has a tendency to harm Theta Chi by inviting negative,
20
unfavorable or unsavory overtones and implications about membership in Theta Chi
21
and the conduct of its members.
22
175. Defendants' continued and knowing unauthorized use of the Theta Chi
23
Marks and terms confusingly similar thereto constitutes intentional trademark
24
infringement in violation of the Lanham Act, 15 U.S.C. 1114(1).
25
176. Defendants' infringements of the Theta Chi Marks is willful and reflects
26
an intent to exploit the goodwill and strong brand recognition associated with the
27
Theta Chi Marks.
28
177. Defendants' misconduct has been committed with knowledge of and with
40
Case No.: [1
Case 5:16-cv-01336
5:16
the design to exploit Theta Chi's exclusive rights, goodwill and strong brand
recognition in the Theta Chi Marks. Defendants' acts have been committed with the
knowledge that their conduct infringes or permits the infringement of Theta Chi's
rights in the Theta Chi marks.
5
6
7
8
9
178. Defendants have acted willfully, in bad faith and with the intent to cause
confusion, mistake or to deceive.
179. Defendants are jointly and severally liable for all trademark infringement
violations outlined herein.
180. Theta Chi has suffered and, unless restrained by this Court, will continue
10
to suffer substantial and irreparable injury, loss and damage to its rights in and to
11
Theta Chi's trademarks and the goodwill associated therewith, for which Theta Chi
12
has no adequate remedy at law. Given the abounding confusion, and differing
5 13
philosophies, lifestyles, perceptions and civic expectations, Theta Chi has sustained
14
reputational taint created by Defendants' misconduct so long as the University
8a 15
Defendants and Chi Theta Chi Defendants are permitted to perpetuate such
misconduct. Even if the University and Chi Theta Chi have temporarily removed
c''
r--
some references to the Theta Chi Marks, without a Court order enjoining the
18
misconduct, Theta Chi will forever face the threat and uncertainty of repeat and
19
recurring violations.
20
181. Based on the foregoing conduct, Theta Chi has also separately sustained
21
harm and injury for which it is entitled to recover monetary damages and other
22
remedies, including actual damages in an amount to be determined at trial, reasonable
23
attorneys' fees, costs and prejudgment interest, and such other relief as the Court may
24
deem appropriate.
25
26
27
28
COUNT TWO
(False Designation of Origin/False or Misleading Advertising/
Unfair Competition Against All Defendants, Jointly/Severally)
[Lanham Act, 15 U.S.C. 1125(a)]
41 Case No.: [1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
4242
of of
6161
183. The Theta Chi Marks are distinctive, unique and exceptionally strong.
184. As the owner of all rights, title, and interest in and to the trademarks,
Theta Chi has standing to maintain an action for false designation of origin and unfair
competition under the Lanham Act, 15 U.S.C. 1125.
185. All Defendants have, without authorization, on or in connection with
their goods, services, or commercial activities or events, used in commerce marks that
are confusingly similar to the Theta Chi Marks and/or have made false designations of
origin which are likely to cause confusion, mistake or to deceive as to the affiliation,
10
connection or association of Chi Theta Chi with Theta Chi and/or as to the origin,
11
sponsorship or approval of Defendants' goods or services or commercial activities.
7
C
186. Defendants' have unfairly competed with and injured, and unless
ws,D,c,1
restrained, will continue to injure Theta Chi, causing damage to Theta Chi in an
k
14
&D
8d015
OrAF:2
16
amount to be determined at trial. Defendants' actions are causing and will continue to
cause irreparable injury to Theta Chi's goodwill and reputation association with the
strength and value of the Theta Chi Marks.
17
187. Defendants' conduct has been knowing, deliberate, willful, intended to
18
cause confusion, mistake or to deceive, all in blatant disregard of Theta Chi's rights.
19
188. Defendants knew or, by the exercise of reasonable care, should have
20
known that their adoption and commencement of use in commerce and continuing use
21
of marks that are confusingly similar to and constitute a counterfeit production of
22
Theta Chi's marks would cause confusion, mistake, or deception among the public and
23
consumers, including, among other things, attracting and recruiting prospective
24
student residents of the House, and attracting prospective participants or attendees at
25
events hosted or sponsored by Chi Theta Chi that showcased Chi Theta Chi, increased
26
awareness of Chi Theta Chi's presence on campus and affiliation with the University,
27
and amplified Chi Theta Chi's profile.
28
189. Defendants' pirating and egregious and intentional unauthorized use of

42 Case No.: ri
Case 5:16-cv-01336
5:16
the Theta Chi Marks to attribute goods, services, conduct, events or other commercial
activities that are inconsistent with Theta Chits ideals and high moral standards, and
which alternatively define Theta Chi in accordance with false presentation and
advertising perpetrated by the University Defendants and the Theta Chi Defendants
unfairly competes with Theta Chi and is likely to cause confusion, mistake or to
deceive, mislead, or betray consumers to believe that Defendants' sanctioned, hosted
or sponsored events and activities are attributable to those types of events and
activities that would be considered genuine or authorized by Theta Chi.
CDt
10
constitutes false designation of origin and unfair competition in violation of the
11
Lanham Action, 15 U.S.C. 1125(a), causing Plaintiff to suffer substantial and
12
,
190. Defendants' continuing and knowing use of the Theta Chi Marks
irreparable injury.
191. Defendants' wrongful conduct has permitted or will permit them to
14
benefit commercially from the use and reliance on the strength of the Theta Chi
ow'
p4,c.915
Marks, national brand recognition and high moral standards. As a direct and
proximate result of Defendants' wrongful conduct, as alleged herein, Theta Chi has
0-
17
been and will be deprived of or hindered in certain colonization and recruitment
18
opportunities, and has been and will be deprived of the exceptionally strong value of
its marks as commercial assets in an amount to be determined at trial.
19
20
192. Based on Defendants' wrongful conduct, Theta Chi is entitled to
21
injunctive relief, including but not limited to preliminary relief, as well as monetary
22
damages and other remedies as provided by the Lanham Act, including actual
23
damages in an amount to be determined at trial, reasonable attorneys' fees, costs and
24
prejudgment interest, and such other relief as the Court may deem appropriate.
25
26
27
28
COUNT THREE
(Trademark Dilution Against
All Defendants, Jointly/Severally)
[Lanham Act, 15 U.S.C. 1125(c)]
43 Case No.: 11
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
4444
of of
6161
1
2

194. The Theta Chi Marks are distinctive and "famous" within the meaning of
the Trademark Dilution Revision Act of 2006, and widely recognized by the
consuming public in the United States, as evidenced by the following factors:
(a) Theta Chi has obtained federal trademark registration for its
6
7
Marks;
(b) Theta Chi's longevity and imprint on collegiate life throughout the
United States is apparent by its more than 175,000 initiated
members since its founding in 1856, its 144 Active Chapters, and 7
10
11
Official Colonies;
(c) Theta Chi has expended substantial amounts of time, expense and
CD7
energy with its strategic growth and expansion plan;
CC;IDLCn 12
P,V13
ffo,
cnr
(d) Theta Chi's many notable philanthropic and community service

oriented activities have enabled the Theta Chi name and other
15
00
.
o
marks to attain a high level of actual recognition among the

consuming public.
n9:217
r 41
195. Defendants' unauthorized use of the Theta Chi Marks as discussed in this
18
Complaint came long after the Marks themselves were first used and long after the
19
Marks became famous.
20
196. Defendants' unauthorized use in commerce of the Theta Chi Marks, or
21
terms or references confusingly similar thereto, as set forth throughout this Complaint,
22
has likely diminished and will likely continue to diminish the capacity of the famous
23
and distinctive Theta Chi Marks to distinguish the Theta Chi brand, likeness, services
24
and consumer "products" from those of others, and has likely diluted the distinctive
25
quality and character of the famous and nationally recognized Theta Chi Marks.
26
197. The Chi Theta Chi Defendants' unauthorized use of the Theta Chi Marks,
27
or terms or references confusingly similar thereto, as set forth in this Complaint, has
28
been in commerce, that is, in connection with some economic benefit or gain,
44 Case No.: ri
Case 5:16-cv-01336
5:16
including recruitment of members, creation of a false perception of historical legacy
and significance with Theta Chi, attracting attention and attendees to events and
activities held at the House through the use of shocking, unconventional and
outrageous themes and content, all of which the University Defendants knew about,
permitted, facilitated, encouraged, collaborated with, acquiesced in and/or failed to
take any action to stop on University property and through University paper and
online media outlets.
198. The University's own unauthorized use of the Theta Chi Marks, after
expressly acknowledging the protected nature of those marks, by intentionally or
10
recklessly failing and refusing to remove all references to the "Theta Chi" and "Chi
Theta Chi" names, Greek letters and marks from University owned, controlled, or
hosted web sites and social media outlets, also was done in connection with some
economic benefit or gain, including creating consistency and avoiding disruption in
the competitive cooperative housing selection process that is coordinated and
ultimately controlled by the University, which controls the assignment of students to
particular cooperative housing arrangements, and which financially benefits the
University.
199. Defendants' conduct as alleged above is likely to blur and impair the
19
distinctiveness of the Theta Chi Marks. Consumers are likely to associate Chi Theta
20
Chi's and the University's unauthorized uses of the Theta Chi name or trademarks or
21
terms confusingly similar thereto with the Theta Chi Marks themselves because of
22
their inherent similarity. In particular, and on information and belief, the following
23
factors have caused the Theta Chi Marks to be indiscernible from the use made by Chi
24
Theta Chi and, thus, dilution by blurring is likely:
25
(a) The University and Chi Theta Chi are making use of the Theta Chi
26
Marks themselves or words or phrases confusingly similar to the
27
Theta Chi Marks to identify and promote the House, and advertise
28
and promote events and activities hosted by Chi Theta Chi at the
45 Case No.: H
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
4646
of of
6161
1 House;
2 (b) The Theta Chi Marks have acquired distinctiveness through Theta
3 Chi's promotion and use of the Theta Chi Marks since inception;
4 (c) The Theta Chi Marks have achieved high levels of recognition
5 among the consuming public and, in particular, the relevant
6 population in and around the University;
7 (d) The University and Chi Theta Chi have overtly and affirmatively
8 attempted to use its name to engender a sense of affiliation or
9 former affiliation with Theta Chi, including formally referring to
10 the Chapter House, the members and the organization itself as
11 "Theta Chi" and now as "Chi Theta Chi."
cA 12 200. Defendants' conduct as alleged above is also likely to have cheapened or
,c21
,
13 tarnished the Theta Chi Marks, thereby harming the reputation of the famous mark,
r;cD
,114 for the reasons discussed throughout this Complaint. Consumers are likely to
c/D
8a 15 associate Chi Theta Chi's uses of the Theta Chi Marks as an official sponsorship,
endorsement, acceptance, or agreement to the misconduct to furtherance of which Chi
0
17 Theta Chi's use of the Marks was made.

18 201. Defendants' unauthorized use of the Theta Chi Marks constitute dilution
19 in violation of 15 U.S.C. 1125(c).
20 202. Defendants' actions described herein have caused and, unless restrained
21 by this Court, will continue to cause Theta Chi substantial and irreparable injury, loss
22 and damage to its rights in and to Theta Chi's trademarks and the goodwill associated
23 therewith, for which Theta Chi has no adequate remedy at law. Even if the University
24 and Chi Theta Chi have temporarily halted use of and removed some references to the
25 Theta Chi Marks, without a Court order enjoining the misconduct, Theta Chi will
26 forever face the threat and uncertainty of repeat and recurring violations which would
27 further serve to dilute Theta Chi's Marks. Accordingly, such future infringement must
28 be enjoined by this Court.
46 Case No.: [1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
4747
of of
6161
203. Defendants' dilution has rendered indiscernible and has cheapened or
2
3
tarnished the Theta Chi Marks by associating embarrassing or disreputable behavior

with Theta Chi. Chi Theta Chi and its members and non-member residents of the
House have, by way of illustration only, engaged in conduct that is not in keeping
with Theta Chi's ideals and high moral standards, including, among others, attributing
sexually deviant, unhealthy, unsanitary acts, as well as abusive, physically and
emotionally controlling and violent behavior to Theta CM by virtue of the Theta Chi
Thursday Anal Flora Collective Presentations, and other presentations hosted or
sponsored by Chi Theta Chi at the University owned and controlled House, as
10
discussed throughout this Complaint.
11
204. Defendants are jointly and severally liable for all trademark dilution
12
No
'
-cr
8,1E
R16
remedies, including actual damages in an amount to be determined at trial, reasonable
attorneys' fees, costs and prejudgment interest, and such other relief as the Court may
deem appropriate.
19
20
21
22
COUNT FOUR
(Trademark Dilution Against
All Defendants, Jointly/Severally)
[Cal. Bus. & Prof. Code 14247]
23
207. The Theta Chi Marks are distinctive and "famous" within the meaning of
24
the California Model State Trademark Law, that is, it is widely recognized by the
25
general consuming public of California and/or the Northern California/Palo Alto
26
geographic area, as a designation of Theta Chi, as evidenced by the following factors:
27
28
(a) Theta Chi has obtained federal trademark registration for its
Marks;
47 Case No.: 11
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
4848
of of
6161
1
2
3
4
5
6
7
8
9
10
11
c,,
c
13
PQ14
8rS,' 15
(b) Theta Chi's longevity and imprint on collegiate life throughout the
United States is apparent by its more than 175,000 initiated
members since its founding in 1856, its 144 Active Chapters, and 7
Official Colonies;
(c) Theta Chi has expended substantial amounts of time, expense and
energy with its strategic growth and expansion plan;
(d) Theta Chi's many notable philanthropic and community service
oriented activities have enabled the Theta Chi name and other
marks to attain a high level of actual recognition among the
consuming public.
208. Defendants' unauthorized use of the Theta Chi Marks came long after the
Marks themselves were first used and long after they became famous.
209. Defendants' unauthorized use in commerce of the Theta Chi Marks, or
terms or references confusingly similar thereto, as set forth throughout this Complaint,
has likely diminished and will likely continue to diminish the capacity of Theta Chi's
famous and distinctive Theta Chi Marks to distinguish the Theta Chi brand, likeness,
n0 17
18
19
20
21
22
23
24
25
26
27
28
r-
services and consumer "products" from those of others, and has likely diluted the
distinctive quality and character of the famous and nationally recognized Theta Chi
Marks.
210. The Chi Theta Chi Defendants' unauthorized use of the Theta Chi Marks,
or terms or references confusingly similar thereto, as set forth in this Complaint, has
been in commerce, that, is, in connection with some economic benefit or gain,
including recruitment of members, creation of a false perception of historical legacy
and significance with Theta Chi, attracting attention and attendees to events and
activities held at the House through the use of shocking, unconventional and
outrageous themes and content, all of which the University Defendants knew about,
permitted, facilitated, encouraged, collaborated with, acquiesced in and/or failed to
take any action to stop on University property and through University paper and
48
Case No.: 11
Case 5:16-cv-01336
5:16
1
2
211. The University's own unauthorized use of the Theta Chi Marks, after
expressly acknowledging the protected nature of those marks, by intentionally or
recklessly failing and refusing to remove all references to the "Theta Chi" and "Chi
Theta Chi" names, Greek letters and marks from University owned, controlled, or
hosted web sites and social media outlets, also was done in connection with some
economic benefit or gain, including creating consistency and avoiding disruption in
the competitive cooperative housing selection process that is coordinated and
ultimately controlled by the University, which controls the assignment of students to
10
particular cooperative housing arrangements, and which financially benefits the
11
University.
CDCn
C
4.1 CD
online media outlets.
212. Defendants' conduct as alleged above is likely to blur and impair the
SC
distinctiveness of the Theta Chi Marks. Consumers are likely to associate Chi Theta
Pi/
r; k
Chi's and the University's unauthorized uses of the Theta Chi name or trademarks or
uc
8d'
p4_,
terms confusingly similar thereto with the Theta Chi Marks themselves because of
their inherent similarity. In particular, and on information and belief, the following
0(1-1-i
17
,
18
19
factors have caused the Theta Chi Marks to be indiscernible from the use made by Chi
Theta Chi and, thus, dilution by blurring is likely:
(a) The University and Chi Theta Chi are making use of the Theta Chi
20
Marks themselves or words or phrases confusingly similar to the
21
Theta Chi Marks to identify and promote the House, and advertise
22
and promote events and activities hosted by Chi Theta Chi at the
23
House;
24
(13) The Theta Chi Marks have acquired distinctiveness through Theta
25
Chi's promotion and use of the Marks since inception;
26
(c) The Theta Chi Marks have achieved high levels of recognition
27
among the consuming public and, in particular, the relevant
28
population in and around the University;

49 Case No.: [1
Case 5:16-cv-01336
5:16
(d) The University and Chi Theta Chi have overtly and affirmatively
attempted to use its name to engender a sense of affiliation or
former affiliation with Theta Chi, including formally referring to
4
5
the Chapter House, the members and the organization itself as

"Theta Chi" and now as "Chi Theta Chi."
213. Defendants' conduct as alleged above is also likely to have cheapened or
tarnished the Theta Chi Marks, thereby harming the reputation of the famous mark,
for the reasons discussed throughout this Complaint. Consumers are likely to
associate Chi Theta Chi's uses of the Theta Chi Marks as an official sponsorship,
10
endorsement, acceptance, or agreement to the misconduct to furtherance of which Chi

Theta Chits use of the Marks was made.
11
214. Defendants' unauthorized use of the Theta Chi Marks constitute dilution
ffok
in violation of Section 14247 of the California Business & Professions Code.

14
215. Defendants' actions described herein have caused and, unless restrained
&D
8m1
p4, 15 by this Court, will continue to cause Theta Chi substantial and irreparable injury, loss
and damage to its rights in and to Theta Chi's trademarks and the goodwill associated
17
therewith, for which Theta Chi has no adequate remedy at law. Even if the University
18
and Chi Theta Chi have temporarily halted use of and removed some references to the
19
Theta Chi Marks, without a Court order enjoining the misconduct, Theta Chi will
20
forever face the threat and uncertainty of repeat and recurring violations which would
21
further serve to dilute Theta Chi's Marks. Accordingly, such future infringement must
22
be enjoined by this Court.
23
216. Defendants' dilution has rendered indiscernible and has cheapened or
24
tarnished the Theta Chi Marks by associating embarrassing or disreputable behavior
25
with Theta Chi. Chi Theta Chi and its members have, by way of illustration only,
26
engaged in conduct that is not in keeping with Theta Chi's ideals and high moral
27
standards, including, among others, attributing sexually deviant, unhealthy, unsanitary
28
acts, as well as abusive, physically and emotionally controlling and violent behavior to
50 Case No.: [1
Case 5:16-cv-01336
5:16
Theta Chi by virtue of the Theta Chi Thursday Anal Flora Collective Presentations,
and other presentations hosted or sponsored by Chi Theta Chi at the University owned
and controlled House, as discussed throughout this Complaint.
4
5
remedies, including actual damages in an amount to be determined at trial, treble
and/or punitive damages, reasonable attorneys' fees, costs and prejudgment interest,
10
11
12
217. Defendants are jointly and severally liable for all trademark dilution
and such other relief as the Court may deem appropriate.

COUNT FIVE
(Unfair Competition Against All Defendants, Jointly/Severally)
[Cal. Bus. & Prof. Code, 172001
H
14
C/D u
220. As discussed above, the University Defendants and Chi Theta Chi
'
c,2
(
, LT
ccs
Defendants engaged in unfair, fraudulent and unlawful acts that have impaired Theta
17
Chi's goodwill, have infringed its trademarks, have created a likelihood of confusion,
18
and have otherwise adversely affected Theta Chi's business and reputation by use of
19
unfair business practices.
20
221. Defendants' misconduct has been unfair, fraudulent and unlawful
21
enabling Chi Theta Chi to attain more publicity and attendance for events and
22
activities, recruit prospective dues-paying members, and recruit prospective rent-
23
paying residents of the House, using the Theta Chi name than they otherwise would
24
but for their falsely implied connection with Theta Chi and the strong public
25
recognition and goodwill associated with it.
26
222. Defendants' unfair actions within the meaning of the statute include, but
27
are not limited to, ultra vires actions of the Alpha Epsilon Alumni Association. As
28
discussed above, the Alumni Association was created in 1928 to facilitate the Alpha
51 Case No.: H
Case 5:16-cv-01336
5:16
Epsilon Chapter of Theta Chi's operations, including purchasing, leasing, acquiring,
holding, or owning real or personal property necessarily for the use, benefit and
support of the Alpha Epsilon Chapter, and making or financing capital improvements
as needed to the Chapter House. After the Alpha Epsilon Chapter of Theta Chi
became inactive, and Chi Theta Chi began conducting its business operations as the
Alpha Epsilon Alumni Association and managing a student housing cooperative of
non-Theta Chi residents, the Alumni Association ceased fulfilling its corporate
purpose and began necessarily acting ultra vires.
223. The Chi Theta Chi Defendants' fraudulent actions within the meaning of
10
the statute include, but are not limited to, holding itself out to federal and state
11
authorities as a tax exempt California corporation, using the federal taxpayer ID
C, Cn
number of an entity affiliated with Theta Chi, as well as state corporate entity number
-ffo
e--<
l414
the tax exempt status and corporate veil of an established organization thereby
8,1E
circumventing the need to file its own incorporation paperwork, to benefit from the
and origination date for all state filings. Such conduct enabled Chi Theta Chi to hijack
corporate immunity of an entity affiliated with Theta Chi, and to market itself to
r-
17
prospective residents, contractors, the University and other entities as an established
18
tax exempt entity.
19
224. The Chi Theta Chi Defendants' unlawful conduct within the meaning of
20
the statute include all facts alleged regarding Chi Theta Chi's unauthorized use,
21
infringement and dilution of the Theta Chi Marks as discussed throughout this
22
Complaint.
23
225. Such unfair, fraudulent and unlawful conduct detailed above and
24
throughout this Complaint executed despite its agreement in Settlement to
25
discontinue such conduct shielded Chi Theta Chi officers, directors and members
26
from liability, has harmed and continues to harm the reputation of Theta Chi, and
27
exposed and continues to expose Theta Chi to potential liability.
28
226. All such unfair, fraudulent and unlawful conduct detailed above and
52 Case No.: []
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
5353
of of
6161
throughout this Complaint was done with the University's full knowledge, awareness,
permission, consent, authority, acquiescence, and/or facilitation.
227. As a result of Chi Theta Chi's conduct, Theta Chi has suffered and will
continue to suffer damage, including reputational damage due to confusion as to the
identity of the legitimate organization, the origin and genesis of Chi Theta Chi and
whether it is a legitimate successor organization to an entity affiliated with Theta Chi,
and whether Theta Chi has sponsored, authorized, endorsed or supported, or is
somehow affiliated with Chi Theta Chi's misconduct, negative press, alternative living
arrangements, shocking and controversial events and activities, and failures and
10
deficiencies in managing and caring for the House itself, all of which are contrary to
the stated ideals of Theta Chi.
11
CD v
228. The Chi Theta Chi Defendants have benefitted from the continued use of
(-')
III?Jr?,
a name that is deceptively similar to Theta Chi by design, as well as the goodwill and
14
4
15
reputation attributable to the Theta Chi Marks.

229. Additionally, as stated above, Chi Theta Chi has been unjustly enriched
through its unlawful and unauthorized use of the Theta Chi Marks and the Alpha
Epsilon Alumni Association's name and likeness, an entity affiliated with Theta Chi.
18
19
230. Theta Chi has been, and absent injunctive relief, will continue to be
irreparably harmed by Chi Theta Chi's and the actions.
20
231. Upon discovering and investigating Chi Theta Chi's misconduct prior to
21
Theta Chi I, Theta Chi acted promptly in attempting to have Chi Theta Chi cease and
22
desist in its activities, and also sought the University's assistance. Unbeknownst to
23
Theta Chi, the University thereafter collaborated with Chi Theta Chi to undermine
24
Theta Chi's efforts to protect its registered trademarks or, at a minimum, failed to act
25
when it had a duty to do so to stop active and ongoing infringements of the Theta Chi
26
Marks on University owned and controlled property.
27
232. Since discovering the Chi Theta Chi's and the University's misconduct
28
subsequent to Theta Chi I, Theta Chi has learned through its own investigation and
53
Case No.: 11
Case 5:16-cv-01336
5:16
through discussions with University representatives that the University has not and
will not take any action to deter, discourage, or compel the discontinuance of Chi
Theta Chi's infringing activity; rather, the University has permitted, authorized, aided,
abetted, supported and facilitated such infringing activity and, upon information and
belief, will continue to do so.
233. Defendants are jointly and severally liable for all unfair, fraudulent and
unlawful acts that have impaired Theta Chi's goodwill, have infringed its trademarks,
have created a likelihood of confusion, and have otherwise adversely affected Theta
Chi's business and reputation by use of unfair business practices as outlined herein.
10
234. Theta Chi has no adequate remedy at law for Defendants' unfair,
11
fraudulent, and unlawful conduct and seeks injunctive relief including forced
71-
dissolution of the corporate entity Chi Theta Chi, an order barring Chi Theta Chi from
r, Cn
H
cel c
ET'13
continuing to use the Theta Chi Marks in connection or engaging in other infringing
14
conduct, and an order compelling Chi Theta Chi to cure the improper corporate
registration in the name of Chi Theta Chi.
235. Theta Chi has sustained damage as a result of Defendants'
17
misappropriation and unauthorized use of the Theta Chi Marks. For these reasons,
18
Theta Chi seeks an accounting of all assets and revenues owned, acquired and
19
controlled by Chi Theta Chi and a disgorgement of any and all revenues maintained or
20
acquired by Chi Theta Chi during the period in which it has infringed on the Theta
21
Chi Marks, as well as any recovery for actual damages in an amount to be determined
22
at trial, treble and/or punitive damages, reasonable attorneys' fees, costs and
23
prejudgment interest, and such other relief as the Court may deem appropriate.
24
25
26
27
28
COUNT SIX
(Breach of Settlement Agreement
Against the Chi Theta Chi Defendants)
237. The Chi Theta Chi Defendants entered into a Settlement Agreement and
54 Case No.: [1
THETA CHI FRATERNITY, INC.'S-COMPLAINT
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
5555
of of
6161
Mutual Release ("Settlement Agreement") (Ex. 3), with Theta Chi in resolution of
Theta Chil.
3
4
5
6
7
8
9
10
11
238. The Settlement Agreement provides clear and concise language in

which the Chi Theta Chi Defendants expressly agreed, among other things:
(a) "permanently cease all use in commerce of the Theta Chi and Chi
Theta Chi Marks "(Settlement Agreement, It 1(a)(i))
(b) "ensure all [Chi Theta Chi] members are notified of the terms of
this Agreement ." (id. , 1(a)(ii));
(c) file a "Certificate of Election to Wind Up and Dissolve
Association" with a California Secretary of State, (id., 1(a)(iii));
(d) cease using the names "Alumni Association of Chi Theta Chi
CD
,T
12
E' 13
E4
ci) u
14
House" and "Alumni Association of Chi Theta Chi House" beyond

its final tax returns filed in 2013, (id., It 1(a)(i));
(e) "initiate its dissolution" proceedings within 20 days of the
Effective Date of the Settlement Agreement and complete its
dissolution by no later than August 1, 2013, (id. , 1(c));

cc
17
18
19
(f) remove its website and social media postings that reflect Chi Theta
Chi's name; (id.,111(d));

239. The Settlement Agreement further acknowledged that the Association
20
"shall not oppose or interfere with any effort by Theta Chi to cause Stanford and the
21
residents of the Property to change the name of the House" to eliminate use of the
22
words "theta" or "chi" or Greek letter equivalents, (Settlement Agreement, 1(b));
23
240. The parties further agreed that the Settlement Agreement would "extend
24
to, inure to the benefit of, and be binding upon the parties hereto and their respective
25
directives, officers, partners, proprietors, attorneys [and] agents" among others."
26
(Settlement Agreement, 4
27
28
241. The Chi Theta Chi Defendants breached the Settlement Agreement for all
of the reasons set forth in this Complaint including, but not limited to:
55 Case No.:
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
5656
of of
6161
(a) using the Theta Chi Marks, to lure, attract or entice prospective
residents to visit the House who otherwise may not have done so;
(b) collecting dues or rent from members of Chi Theta Chi and/or nonmember residents of the House by using the name "Chi Theta Chi"
or symbols "XOX" that are, by design, deceptively similar to Theta
Chi's Marks;
(c) using the "Chi Theta Chi" name to advertise and promote the
House and the Chi Theta Chi events and activities to prospective
members and residents of the House including, but not limited to
the Theta Chi Thursday Anal Flora Presentations, among others
discussed herein;
(d) interfering with the University's early efforts to change the House
name to one that did not infringe on the Theta Chi Marks;
(e) affirmatively holding itself out as having "evolved" from one or
more entities affiliated with Theta Chi;
(f) using the name, identity and other identifiable traits, including the
Alpha Epsilon Alumni Association's federal taxpayer ID number,
in federal and state filings to improperly assume all rights under
the Lease and profit from room and board payments, ultimately
enabling Chi Theta Chi to accumulate more than $600,000 in
assets;
(g) continuing in its theft of the corporate identity of the Alpha
Epsilon Alumni Association, continuing to knowingly make false
statements and submitting false certifications to the State Secretary
of State's office and/or other state agencies by retaining the Alumni
Association's corporate entity number (C0131837) for use by Chi
Theta Chi and retaining the Alpha Epsilon Alumni Association's
"origination date" (December 21, 1928);
56 Case No.: ri
Case 5:16-cv-01336
5:16
1
2
(i) filing false 990 Form federal tax returns for tax year 2014 in the
name of Alpha Epsilon Alumni Association of Theta Chi; and
(j) threatening to file a false 990 Form federal tax returns for tax year
2015 in the name of Alumni Association of Chi Theta Chi.

242. The Chi Theta Chi Defendants' willful breach of the Settlement
Agreement has damaged Theta Chi, entitling it to damages in an amount to be
determined at trial, as well as reasonable attorneys' fees, costs and prejudgment
10
11
12
interest, and such other relief as the Court may deem appropriate.
COUNT SEVEN
(Aiding/Abetting Breach of Settlement Agreement
Against the University Defendants)
E.
14
c
8,1Z
'cgc3
1
name of Alpha Epsilon Alumni Association of Theta Chi;
wg,y,
(h) filing false 990 Form federal tax returns for tax year 2013 in the

244. During all relevant times, the University knew that Theta Chi possessed
valid, federal registered trademarks entitled to protection under the Lanham Act, that
17
the Theta Chi Marks are distinctive, unique and exceptionally strong, and that as the
18
owner of all rights, title, and interest in and to the trademarks, Theta Chi had standing
19
to enforce its protected marks through litigation.
20
245. During all relevant times, the University was aware of the terms of the
21
Settlement Agreement. The University further assumed an active and pivotal role in
22
ensuring Chi Theta Chi, its student members and non-member residents of the House
23
owned and controlled by the University, were made aware of and understood the
24
terms of the Settlement Agreement.
25
246. The University represented to Theta Chi that it understood Theta Chi's
26
absolute right to enforce its protected trademarks. The University further represented
27
that it would work with Chi Theta Chi, its student members and non-member residents
28
of the House owned and controlled by the University to ensure full compliance with
57 Case No.: [1
Case 5:16-cv-01336
5:16
the terms of the Settlement Agreement, including removing all references to Chi Theta
Chi from websites and social media outlets, renaming the House a name that did not
include "Theta" or "Chi" or the Greek letter symbols "0" or "X" and which was not
otherwise deceptively similar to Theta Chi, and that the University would monitor and
take appropriate action to enforce against any further infringements.
247. Instead, upon information and belief, the University permitted, consented
to, aided, abetted, supported and/or facilitated Chi Theta Chi's breach of the
Settlement Agreement by, among other things, allowing the Chi Theta Chi name to
remain on University websites and social media outlets to advertise as a cooperative
10
housing option at the University, providing Chi Theta Chi full access and use of the
11
House owned and controlled by the University, collaborating with Chi Theta Chi to
(A
assign Chi Theta Chi members or prospective members for residency in the House,
ta,
tdok
13
and permitting Chi Theta Chi a familiar venue and location to host and sponsor events
14
and activities using the "Theta Chi" and "Chi Theta Chi" names as well as Greek letter
8d'
p4_,ZI15
symbols.
248. The University further aided and abetted Chi Theta Chi's breach of the
17
Settlement Agreement by actively concealing the fact of and extent of Chi Theta Chi's
18
misconduct from Theta Chi despite its assurances to monitor Chi Theta Chi's conduct
19
and address any further violations.
E-
20
249. The University's conduct in aid and in furtherance of the Chi Theta Chi
21
Defendants' breach of the Settlement Agreement effectively enabled the Chi Theta Chi
22
Defendants to perpetrate and continue uninterrupted in such misconduct from in or
23
about August 2013 through at least February 2016, which has damaged and will
24
continue to damage Theta Chi, entitling it to damages in an amount to be determined
25
at trial, as well as reasonable attorneys' fees, costs and prejudgment interest, and such
26
other relief as the Court may deem appropriate.
27
28
58 Case No.: 11
Case 5:16-cv-01336
5:16
REQUEST FOR RELIEF
2
3
4
5
6
WHEREFORE, Plaintiff Theta Chi Fraternity, Inc. prays for the following
relief:
A. An Order entering judgment in Theta Chi's favor against the University
Defendants and the Chi Theta Chi Defendants on all applicable Claims;
B. An award of the University Defendants' and Chi Theta Chi Defendants'
revenues and Theta Chi's damages in an amount to be determined at trial
for trademark infringement under 15 U.S.C. 1114(a) as detailed in this
Complaint;
10
C. An award of the University Defendants' and Chi Theta Chi Defendants'

for false designation of origin and unfair competition under 15 U.S.C.
1125(a) as detailed in this Complaint;
D. An award of the University Defendants' and Chi Theta Chi Defendants'
for trademark dilution under 15 U.S.C. 1125(c) as detailed in this
Complaint;
18
E. In the alternative to the revenues and profits of the University Defendants
19
and Chi Theta Chi Defendants and actual damages for infringement and
20
counterfeiting of the Theta Chi Marks pursuant to the Lanham Act, an
21
award for statutory damages pursuant to 15 U.S.C. 1117(c), which
22
election Theta Chi will make prior to the rendering of final judgment;
23
F. An award of restitution in an amount to be determined at trial for unfair,
24
fraudulent and unlawful business practices under the California Business &
25
Professions Code 17200;
26
G. An award for damages in an amount to be determined at trial for the Chi
27
Theta Chi Defendants' breach of the Settlement Agreement, and for the
28
University Defendants' aiding and abetting of the Chi Theta Chi

59 Case No.: [1
Case 5:16-cv-01336
5:16
1
2
Defendants' breach of the Settlement Agreement;

H. An award for compensatory and consequential damages in an amount to be
determined at trial;
An award of pre judgment and post-judgment interest;
5
6
7
J. An award to Theta Chi of its costs of suit, including, but not limited to,
reasonable attorneys' fees, as permitted by California Civil Code 3426.4;
K. An Order granting the following injunctive relief:
a. an injunction prohibiting all Defendants from engaging or continuing
to engage in any unlawful, unfair or fraudulent business acts or
10
practices described herein, including the advertising and/or dealing in
11
c,
-N'tft'
any marks deceptively similar by design to the Theta Chi Marks, as
b. an injunction prohibiting all Defendants from engaging or continuing
Lick
detailed in this Complaint or otherwise;
to engage in any unauthorized use of any mark or other intellectual

15
'1
property right of Theta Chi as detailed in this Complaint or otherwise;

c. an injunction prohibiting all Defendants from engaging or continuing
17
to engage in any trademark infringement or dilution as detailed in this
18
Complaint or otherwise;
19
d. an injunction prohibiting all Defendants from engaging or continuing
20
to engage in any false designation of origin as detailed in this
21
22
e. an injunction prohibiting all Defendants from engaging or continuing
23
to engage in any form of unfair competition as detailed in this
24
25
f. an injunction prohibiting all Defendants from engaging or continuing
26
to engage in any other act in derogation of Theta Chi's rights as
27
detailed in this Complaint or otherwise;
28
g. an injunction compelling the Chi Theta Chi Defendants to dissolve the

60 Case No.: [1
Case 5:16-cv-01336
Document11 Filed
Filed03/18/16
03/18/16Page
Page
6161
of of
6161
entity formerly known as Alpha Epsilon Alumni Association of Theta
Chi, Alumni Association of Chi Theta Chi House, or any derivation
thereof; and
h. an Order freezing all assets of Chi Theta Chi, regardless of the name
or pseudonym of the entity in which such assets are held, including
any entity holding such funds in trust or escrow for Chi Theta Chi,
and compelling an immediate accounting thereof
L. Such other relief as the Court may deem appropriate and fair.
9
10
c,
w
DEMAND FOR JURY TRIAL

Plaintiff THETA CH[ FRATERNITY, INC. respectfully demands a trial by
11
jury in this action.
12
Dated: March 17, 2016 AKERMAN LLP
Pf13
14
By: Joshua R. Mandell
Joshua R. Mandell
(CA State Bar No: 225269)
Christopher G. ()prison
(pro hac vice application pending)
0-
n) 17
18
Attorneys for Plaintiff,

THETA CHI FRATERNITY, INC.
19
20
21
22
23
24
25
26
27
28
61
Case No.: 11
Case 5:16-cv-01336
1 of
101
Document1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
1 of
101
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page2
Page of
2 of
101
Case 5:16-cv-01336
101
Prior U.S. CI.: 200
United States Patent and Trademark Office
Reg, No. 1,231,51

Registered Mar, 15, 198
COLLECTIVE MEMBERSHIP
Principal Register
@
The Grand Chapter of Theta Chi Fraternity, For; TO INDICATE MEMBERSHIP IN APR.,
Incorporated (New York corporation) CANT FRATERNAL ORGANIZATION, (I.J.S.
141 Riverside Ave. 200).
Trenton, N.J. 08618 First ale Apr. 10, 1856; in commerce Dec. I
1902.
The mark consists of the Greek letters Theta
Chi
Set. No. 358,410, riled Apr. 5, 1982.
WILLIAM WEINSTEIN, Examining Attorney
Case 5:16-cv-01336
3 of
101
Document1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
3 of
101
Case 5:16-cv-01336 Document

03/18/16
4 of4 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Prior U.S. CI.: 200

Reg. No. 1,240,
United States Patent and Trademark Office a May 31,1

COLLECTIVE MEMBERSHIP
Principal Register
THETA CHI
The Grand Chapter of Theta Chi Preternity, Pon MEMPERSIITP IN APPLICANT PRA.
Imcorporated (Now Jersey cotparstion) TERNAL ORGANIZATION, (U.S 2
848 Riverside Ave. Piot use Apr. 10, 1856; in commerce Dec, 13,
Trenton, NJ. 086)8 1902.
The mark consists of the names for the ilth end
22m1 letters at the Greek sipluthet,
See. No. 358,444, flied Apr, 5, 1982.
RUSS BERMAN, Br.mining Mammy
Case 5:16-cv-01336
5 of
101
Document1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
5 of
101
Case
Document
1-1 03/18/16
Filed 03/18/16
Case 5:16-cv-01336
1-1 Filed
Page 6 ofPage
101 6 of 101
SETTLEMENT AGREEMENT AND MUTUAL RELEASE

This Settlement Agreement and Mutual Release ("Agreement) is entered into by and
between Theta Chi Fraternity, Inc., a New York tax exempt corporation with a principal place of
business at 3330 Founders Road, Indianopolis, Indiana ("Theta Chi") and Alumni Association of
Chi Theta Chi House ("the Association"), a California nonprofit mutual benefit corporation with a
principal place of business at 3317 22" Street, San Francisco, CA 94110. This Agreement shall be
effective as of the date it becomes fully executed below ("Effective Date").
RECITALS
WHEREAS, Theta Chi is a men's fraternity with active chapters on college campuses
located throughout the United States. Theta Chi has registered four "Collective Membership"
trademarks with the United States Patent and Trademark Office: the Greek Letters "OX" denoting
its identifying symbols (Registration No. 1,231,512), the words "THETA CHI" denoting the
fraternity name (Registration No. 1,240,699), the "Coat of Arms" or "Theta Chi Crest"
(Registration No. 1,549,640), and Membership Pin design and configuration (Registration No.
1,221, 273) (collectively "the Theta Chi Marks").
WHEREAS, from approximately May 1920 until March 1988, Theta Chi maintained the
Alpha Epsilon chapter at Stanford University, located at 576 Alvarado Row, Stanford, California
("the Property"), pursuant to a leasehold agreement with the University.
WHEREAS, on or about March 11, 1988, Theta Chi revoked the charter of the Alpha
Epsilon chapter.
WHEREAS, sometime after March 1988, the Association, a California nonprofit mutual
benefit corporation, with Stanford University Office of Residential Education, began managing
the Property solely as a student cooperative living residence and has since that time continuously
referred to it as the "Chi Theta Chi" House ("the House"), denoted by the Greek letters "Chi Theta
Chi" or "XOX" (the "Chi Theta Chi Marks").
Case
Document
1-1 03/18/16
Filed 03/18/16
Case 5:16-cv-01336
1-1 Filed
Page 7 ofPage
101 7 of 101
WHEREAS, effective September 1, 2012, Stanford University terminated the

Assoeation's ground lease to the Property, became the sole owner of the structure located thereon,
and assumed full responsibility for providing student housing at the Property.
WHEREAS, on October 30, 2012, Theta Chi filed a complaint in the Superior Court of the
State of California for the County of Santa Clara against the Association, Case No. 112CV235099,
alleging claims of federal trademark infringement under 32(1) of the Lanham Act, 15 U.S.C.
1114(1), federal trademark dilution under 43(c) of the Lanham Act, 15 U.S.C. 1125(c),
trademark dilution under California law, unfair competition under California law, and
misappropriation under California law. On November 20, 2012, Association filed a notice of
removal of the action to the United States District Court for the Northern District of California, and
the action was assigned Case No. C-12-5942-JSC (hereinafter "the Action"). Association denies
all of the claims asserted in the Action.
WHEREAS, Theta Chi and the Association desire to compromise and settle the claims
asserted in the Action and avoid further disputes.
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
representations, promises, terms, and conditions contained herein, the sufficiency and receipt of
which is hereby conclusively acknowledged, and intending to be bound, Theta Chi and the
Association agree as follows:
TERMS OF AGREEMENT
I. ASSOCIATION'S OBLIGATIONS
a. Discontinuation of Use of Theta Chi and Chi Theta Chi Marks
(i) No later than thirty (30) days after the Effective Date, the Association shall
permanently cease all use in commerce of the Theta Chi and Chi Theta Chi Marks
in whole or in part as a trade name, trademark, service mark, or domain name;
provided, however, Association may use its new name with the phrase "formerly
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
8 of
101
Case 5:16-cv-01336
8 of
101
known as the Alumni Association of Chi Theta Chi House" and may continue
using "xox" in the name of its group email distribution lists (e.g.
"xoxboard@ corn" or "xoxalumni corn"), until no later than August 1,
2013.
(ii) No later than thirty (30) days after the Effective Date, the Association shall
ensure that all members are notified of the terms of this Agreement but, except as
provided in Paragraph lb below, does not have any obligation hereunder to take
any action regarding any use of the Theta Chi or Chi Theta Chi Marks at the House
or the Property by non-member residents.
(iii) Theta Chi also agrees that the Association may use the name "Alumni
Association of Chi Theta Chi House" in connection with filing the Certificate of
Election to Wind Up and Dissolve Association that will be filed with the California
Secretary of State, pursuant to Paragraph I c below, and the name "Alpha Epsilon
Alumni Association of Theta Chi Fraternity" and/or "Alumni Association of Chi
Theta Chi House" as may be reasonably required in the Association's state or
federal income and other tax returns of the Association for tax year 2012 and their
related correspondence and any final returns relating to the Association's
dissolution in 2013. The Association will not provide its Federal income tax
returns for 2012 and following years to the Guidestar web site or knowingly permit
such returns to otherwise become generally available to the public.
b. Change of Name of House
The Association shall not oppose or interfere with any effort by Theta Chi to cause
Stanford and the residents of the Property to change the name of the House, such
that the name no longer includes the words "theta" or "chi" or their Greek letter
equivalents "0" or "X". The Association shall provide written consents assisting
with such name change to the extent reasonably requested by Theta Chi, Stanford
or the student residents of the House, Theta Chi shall be responsible for preparing
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
9 of
101
Case 5:16-cv-01336
9 of
101
and/or providing any documentation that requires Association's signature under

this paragraph b.
e. Dissolution of Association
No later than twenty (20) days after the Effective Date, the Association shall
initiate its dissolution by filing its Certificate of Election to Wind Up and Dissolve
with the California Secretary of State. The Association shall complete its
dissolution and terminate its existence by filing a Certificate of Dissolution with the
California Secretary of State by no later than August 1, 2013. Any successor
organization to the Association shall not include the words "Theta" or "Chi" or
their Greek letter equivalents "0" or "X" in its name.
d, Nominative Fair Use of the Chi Theta Chi Marks
Nothing herein is intended to preclude Association from making nominative fair
use of the Chi Theta Chi Marks in connection with referencing the House, its
former residents or describing its history. Notwithstanding the foregoing,
Association shall, no later than ten (10) days after the Effective Date, remove the
www.savexox.tumblir.com website and the "In Support of Chi Theta Chi's
Independence" petition at www.signon.org from the Internet. The Association
represents and warrants that it does not control any other social networking sites,
websites, blog or other web content referencing the Chi Theta Chi Marks. The
Association shall permanently refrain from making any statements that suggest the
Association, House or its residents are, affiliated with or sponsored by Theta Chi.
2. THETA CHI'S OBLIGATIONS
a. Stipulated Dismissal of Action
Within five (5) business days of the Effective Date, Theta Chi shall cause to be filed
the attached Stipulation of Dismissal With Prejudice pursuant to Rule 41(a) of the
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
1010
of of
101
Federal Rules of Civil Procedure (the "Stipulated Dismissal of Action") attached

hereto as Exhibit A, pursuant to which the District Court shall dismiss with
prejudice the action. The Stipulated Dismissal of Action shall provide that each
party shall bear its own attorneys' fees and costs and that the Court shall retain
jurisdiction to enforce the terms of this Agreement.
b. No Interference with Dissolution, Winding Up or Liquidation of Association
Theta Chi shall take no action to obstruct or interfere with the dissolution of the
Association or its winding up or liquidation. Nothing shall prevent Theta Chi from
taking action to enforce the terms of this Agreement in the event of a breach by the
Association.
3. NO ADMISSION OF LIABILITY
Nothing contained in this Agreement, including the offer, execution, and
performance hereof, constitutes an admission by any Party to this Agreement
concerning the claims of any other Party or of liability with respect to any matter
referred to herein.
4. CURE
In the event that either party materially breaches this Agreement, the complaining
party shall provide the alleged breaching party with written notice thereof pursuant
to the provisions of Paragraph 5(1) herein specifically identifying the nature of the
purported breach and the alleged breaching party shall have fifteen (15) days after
receipt of written notice from the complaining party specifying the nature of the
purported breach to cure same or otherwise respond to the complaining party.
In the event of a material breach by one party to this Agreement, and failure to
timely cure, the non-breaching party shall be entitled to enforce any and all
provisions of this Agreement, recover any actual damages resulting from the
breach, and any other relief that the Court may impose.
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
1111
of of
101
5. GENERAL TERMS
a. Mutual Release
In consideration for and subject to full and timely satisfaction of the terms and
conditions set forth in this Agreement, and except with respect to the obligations
created by, acknowledged, or arising out of this Agreement, Theta Chi, on the one
hand, and Association, on the other hand, do hereby for themselves and their
respective legal successors and assigns, release and absolutely and forever
discharge each other and their respective shareholders, officers, directors,
employees, agents, attorneys, insurers, legal successors and assigns, of and from
any and all claims, demands, damages, debts, liabilities, losses, accounts,
reckonings, obligations (statutory, contractual, common law or however arising),
costs, expenses, remedies, liens, actions and causes of action of every kind and
nature whatsoever, which they have, own or hold at the time of execution of this
Agreement, or at any time heretofore have had, owned or held, whether known or
unknown, suspected or unsuspected, against one another arising from or related to
the matters alleged in the Action. Having been so apprised and advised, each Party
expressly waives any claims, rights, or other benefits arising under, flowing from or
otherwise based on California Civil Code 1542.
b. Successors and Assigns
This Agreement shall extend to, inure to the benefit of, and be binding upon the
parties hereto and their respective directors, officers, partners, proprietors,
attorneys, agents, servants, employees, representatives, parents, affiliates,
subsidiaries, shareholders, insurers, predecessors, and successors and assigns.
c. Entire Agreement
This Agreement constitutes the entire agreement among the parties with respect to
the subject matter hereof and supersedes all prior negotiations and agreements,
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
1212
of of
101
whether written or oral, relating to such subject matter. This Agreement may not be
altered, amended, modified, or otherwise changed in any respect except by an
instrument in writing duly executed by authorized representatives of each of the
parties hereto.
d. Representation by Counsel
Each party to this Agreement acknowledges that it is represented by counsel
concerning the matters resolved by this Agreement and the Agreement itself.
e. Governing Law and Forum Selection
This Agreement and all actions for the breach thereof will be governed, construed,
and interpreted in accordance with the laws of the State of California and applicable
federal statutory law without regard to or application of choice of law rules or
principles
The Parties expressly consent to the exclusive jurisdiction of the United States
District Court for the Northern District of California to enforce this Agreement, or
to resolve any claim, controversy or dispute involving it.
f. Each party to bear its own costs, attorney fees and expenses
Each party agrees that it shall bear its own costs, attorneys' fees and other expenses
associated with the Action.
g. Severability
If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid, illegal or unenforceable, such determination shall not
affect the validity of the remaining provisions. The parties agree that the court
making the determination of invalidity, illegality or unenforeeability shall have the
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
1313
ofof
101
power to reduce the scope, duration, or area of the term or provision, to delete
specific words or phrases, or to replace any invalid or unenforceable term or
provision with a term or provision that is valid and enforceable and that comes
closest to expressing the intention of the invalid, illegal or unenforceable term or
provision, and this Agreement shall be enforceable as so modified.
h. Construction
The paragraph headings contained in this Agreement are provided for convenience
only and shall not be considered in the interpretation and construction of this
Agreement. "Hereof", "herein" and words of similar import, even when not
initially capitalized, refer to this Agreement as a whole, and not to any particular
section, paragraph or other provision of this Agreement.
i. Whereas Clauses Incorporated
The WHEREAS clauses of this Agreement are incorporated into and considered a
part of this Agreement for all purposes, including when construing the effect of its
provisions and the intent of the parties.
Execution of other documents
The parties agree to cooperate to effect the intent and terms of this Agreement and
agree to execute any other papers or documents as may be reasonably required or
necessary to effect the terms and obligations contained in this Agreement.
k. Waiver
The failure of either party at any time or times to demand strict performance by the
other party of any of the terms or conditions of this Agreement shall not be
construed as a permanent or continuing waiver or relinquishment thereof and each
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
1414
of of
101
may at any time demand strict and complete performance by the other of said terms
and conditions.
Notice
All notices, consents, requests and demands to or upon the respective parties hereto
must be in writing and delivered either in person, by electronic mail (email), by U.S.
mail (certified or registered mail, postage prepaid), by facsimile (but only if
followed by a prompt confirming original sent by personal delivery or mail in
accordance with the foregoing), or by Federal Express or a similar recognized
courier service (all charges prepaid), to the following individuals as specified
below ("Notice"). Any change or substitution of a party's contact information shall
be made in writing to the opposing party The timeliness of such Notice will be
measured based on the date(s) sent, and such Notice will be effective upon receipt,
except for Notice by emails service which shall be deemed effective upon
confirmation of receipt. For email service, each party shall designate an individual
contact to receive service of the Notice on its behalf. That designated service
contact shall be responsible for confirming receipt of the Notice by timely return
email.
For Theta Chi:
Skadden, Arps Slate, Meagher & Flom LLP
1440 New York Avenue, N.W.
Washington DC 20005
Fax: (202) 661-0595
Raoul D. Kennedy
James P. Schaefer
525 University Avenue, Suite 1100
Palo Alto, CA 94301
Fax: (650) 470-4570
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
1515
of of
101
William W. Palmer
Law Offices of William W. Palmer
575 University Ave. #100
Sacramento, California 95825
Fax: 916-564-5758
For Association:
Abel Allison
241 Divisadero St.
San Francisco, CA 94117
Robert N. Phillips
Reed Smith LLP
101 2
Suite 1800
Fax: 415.391.8269
Robert L. Henn
Henn, Etzel & Moore, Inc.
180 Montgomery St., Suite 700
Fax: 415-634-1601
m. Execution
The Agreement will be executed in triplicate and may be made in counterparts
delivered by facsimile with originals to follow.
Case 5:16-cv-01336
03/18/16
16 16
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
IN WITNESS WHEREOF AND INTENDING TO BE BOUND, the parties hereby execute
this Agreement through their duly authorized representatives.
Date: 1/11/a013
THETA CHI FRATERNITY, INC., a New York

tax exempt corporation
By:
Name: M;Chae I Ma tte
Title:egeduti
Date:
ALUMNI ASSOCIATION OF CHI THETA CHI

HOUSE, a California nonprofit mutual benefit
corporation
By:
Name:
Title: , and duly authorized signer
Case
Document
Filed 03/18/16
Case 5:16-cv-01336
1-1 1-1
Filed 03/18/16
Page 17Page
of 10117 of 101

Date: THETA CHI FRATERNITY, INC., a New York

By:
Name:
Date: 0

HOUSE, a California nonprofit m al benefit
corporatio
By:
Name:
47_
4/ 1,50/1
Title: Rel'orlevrt- , and duly authorized signer
Case 5:16-cv-01336
03/18/16
18 18
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
EXHIBIT "A"
"Stipulated Dismissal of Action"
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
1919
ofof
101
1
2
3
4
5
6
7
Robert N. Phillips (SBN 120970)

Tiffany M. Bui (SBN 281339)
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Email: robphillips@reedsmith.com
Email: tbui@reedsmith.com
Telephone:
Facsimile:
+1 415 543 8700

+1 415 391 8269
Attorneys for Defendant

Alumni Association of Chi Theta Chi House
10
SAN JOSE DIVISION
11
12
Theta Chi Fraternity, Inc.,

Plaintiffs,
13
14
R
E
E
D
15
vs.
Case No. C-12-5942-JSC

JOINT STIPULATION AND
[PROPOSED] ORDER TO DISMISS
WITH PREJUDICE
Alumni Association of Chi Theta Chi House,

a/k/a Chi Theta Chi, and Does 1 through 50,
16
Defendants.
17
18
19
20
21
22
23
24
25
26
27
28
Case No. C-I2-5942-JSC
US ACTIVE-111579225 1-TMBUI
JOINT STIPULATION TO DISMISS WITH PREJUDICE
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
2020
of of
101
1
2
3
Pursuant to Rule 41(a)(1)(A) and (B) of the Federal rules of Civil Procedure, the parties
hereby jointly stipulate to dismiss all claims in this action WITH PREJUDICE, as follows:
WHEREAS, on October 30, 2012, Plaintiff Theta Chi Fraternity, Inc. ("Theta Chi") filed a
Complaint, asserting various claims against Defendant Alumni Association of Chi Theta Chi House
("Alumni Association"), including: federal trademark infringement, federal trademark dilution, state
trademark dilution, unfair competition, and misappropriation;
WHEREAS, on November 20, 2012, Alumni Association removed this action from the Santa
Clara County Superior Court, to the United States District Court for the Northern District of
California;
10
WHEREAS, on December 3, 2012, this Court entered an order granting Alumni Association
11
an extension of time to respond to initial complaint to January 14, 2013, in order to allow the parties
12
to engage in settlement negotiations;
13
14
WHEREAS, the parties were subsequently able to reach an agreement settling all claims in
this litigation and have entered into a confidential settlement agreement;
15
NOW THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED, by and between
16
the parties, that all claims by the parties in this litigation be DISMISSED WITH PREJUDICE, each
17
side to bear their own attorneys' fees and costs.
18
19
The parties further stipulate that this Court shall retain jurisdiction to enforce the parties'
settlement agreement as necessary and to the fullest extent provided by law.
20
21
22
23
24
25
26
27
28
Dated: January 10, 2013
By: /s/ Robert N. Phillips

Robert N. Phillips, Cal. Bar No. 120970
Tiffany M. Bui, Cal. Bar No. 281339
Reed Smith LLP

San Francisco, California 94105-3659
Telephone: (415) 543-8700
Facsimile: (415) 391-8269
Alumni Association of Chi Meta Chi House
Case No. C-I2-5942-JSC -2JOINT STIPULATION TO DISMISS WITH PREJUDICE
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
2121
ofof
101
1
2
3
4
5
6
7
8
10
11
12
13
,
Raoul D. Kennedy
Raoul D. Kennedy, Cal. Bar. No. 40892
James P. Schaefer, Cal. Bar. No. 250417
Skadden, Arps, Slate, Meagher & Flom LLP
Palo Alto, California 94301
Telephone: (650) 471-4500
Facsimile: (650) 470-4570
Email: chris.kennedy@skadden.com
Email: james.schaeferskadden.com
Pro Hac Vice application pending
Washington DC 20005
Telephone: (202) 372-7000
Facsimile: (202) 661-0595
Email: christopher.oprison@skadden.com
By:
William W. Palmer, Cal. Bar. No. 146404

Telephone: (916) 564-4458
Facsimile: (916) 564-5758
Email: wpaimer@palmercorp.com
14
15
16
17
18
Attorneys for Plaintiff

Theta Chi Fraternity, Inc.
19
20
ATTESTATION OF CONCURRENCE
21
22
23
1, Robert N. Phillips, attest that I am one of the attorneys for Defendant Alumni Association
of Chi Theta Chi House, and, as the ECF user and filer of this document, I attest that, pursuant to
United States District Court, Northern District of California Civil L.R. 5-1(i)(3), concurrence in the
filing of this document has been obtained from Counsel for Plaintiff Theta Chi Fraternity, Inc.
24
25
By: /s/ Robert N Phillips

Robert N. Phillips
26
27
28
Case No. C-12-5942-JSC -3JOINT STIPULATION TO DISMISS WITH PREJUDICE
Case
Document
1-1 03/18/16
Filed 03/18/16
Case 5:16-cv-01336
1-1 Filed
Page 22 Page
of 10122 of 101
[PROPOSED ORDER
RE: DISMISSAL WITH PREJUDICE
2
3
4
The Court, having reviewed the above Stipulation, and GOOD CAUSE APPEARING
THEREFOR, hereby orders as follows:
IT IS HEREBY ORDERED THAT:
Pursuant to the Joint Stipulation of the parties, all claims in this litigation are hereby
DISMISSED WITH PREJUDICE, each party to bear its own attorneys' fees and costs.
8
9
The Court shall retain jurisdiction to enforce the parties' Settlement Agreement as necessary
and to the fullest extend provided by law.
10
11
Dated:
12
HONORABLE JACQUELINE SCOTT CORLEY

UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. C-I2-5942-JSC
US ACTIVE-111579225 1-TM8Ui
Case 5:16-cv-01336
03/18/16
23 23
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
2424
of of
101
CHRISTOPHERG. OPRISON
Akerman
Akerman LLP
The Victor Building
750 9th Street, N.W., Suite 750
Washington, DC 20001
Tel: 202.824.1703
Fax: 202.585.6207
christopher.oprison@akerman.com
***
January 4, 2016
Via Email and Federal Express
Robert N. Phillips, Esq.
Reed Smith LLP
101 2" Street
Suite 1800
robphillips@reedsmith.com
Robert L. Henn, Esq.

rheim@hennetzel.com
Abel Allison
241 Divisadero St.
Re: Breach of Settlement Agreement ICO Theta Chi Fraternity, Inc. v. Alumni
Association of Chi Theta Chi House, a/k/a Chi Theta Chi, et al, C-12-5942,1SC
OD Cal Oct 30, 2012).
Dear Messrs Phillips, Henn and Allison:
As you know, I represent Theta Chi Fraternity, Inc., ("Theta Chi"), the Plaintiff in the
above-referenced matter. The parties executed a "Settlement Agreement and Mutual Release" on
January 11, 2013 (Exhibit 1), and stipulated to the dismissal of Theta Chi's claims on condition
that the Alumni Association of Chi Theta Chi House ("the Association") comply with all terms
and conditions of the Agreement. We have recently learned that the Association is in violation
of its obligations under the Settlement Agreement, see Paragraph 1(a)-(d), including:
According to the official website for the Office of the California Secretary of State,'
the Association remains in "active" status, has not dissolved, and continues to use the
entity name "Alumni Association of Chi Theta Chi House." See Exhibit 2.
The Association has failed to change its name, or cooperate in changing the name of
the House to omit the words "Theta" and "Chi" and their Greek letter equivalents.
See Exhibits 3, 4.
'See http://keplensos.ca.govi.
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
2525
of of
101
The Association continues to use and permit use of the "Theta Chi" and "Chi Theta
Chi" name, Greek letters and marks to suggest or imply Theta Chi's sponsorship,
approval or endorsement of events and activities at the cooperative house located at
576 Alvarado Row, Stanford, California ("the Property"), including "Theta Chi
Thursday" featuring thematic event such as "Anal Flora." See Exhibit 5, 6(a), 6(b).
The Association continues to maintain and use "Theta Chi" paraphernalia on the
Property suggesting an affiliation with or endorsement by Theta Chi. See Exhibit 7.
The Association has failed to remove all content referencing the "Theta Chi" and "Chi
Theta Chi" name, Greek letters and marks from its social media outlets. See, e.g.,
twitter.comikeepxoxweird, facebook.comikeepxoxweird, and
facebook.com/BringUsWithUs.
The Association filed its 990 Forms for tax years 2013 and 2014 using the name
"Alpha Epsilon Alumni Association of Theta Chi." See Exhibits 8, 9.
Each item set forth above, standing alone, constitutes a separate and actionable material
breach of the Settlement Agreement. The creation of a "Theta Chi Thursday" with reference to
the offensive and outrageous subject matter is particularly troublesome. This was no mistake,
oversight or negligent act; the inception of the event and use of the Theta Chi name was an
intentional and knowing violation of the terms of the Agreement. And, despite the press and
social media coverage of this particular event, no responsible representative of the Association
stepped forward to intervene. We believe such conduct was tortious, damaged Theta Chi's
reputation and standing in the community, created confusion as to Theta Chi's affiliation with
such themed events, and gives rise to a new, actionable claim for damages.
Pursuant to Paragraphs 4 and 5(1) of the Agreement, this letter constitutes written notice
of the Association's material breaches presently known to Theta Chi, and demand for immediate
and total cure thereof Theta Chi expressly reserves the right to supplement this notification
upon discovery of additional breaches. Failure by the Association to promptly cure the
foregoing breaches will compel Theta Chi to explore all legal options and seek appropriate
damages, including recovery of fees and costs incurred in connection herewith.
Thank you for your prompt attention to the matters raised in this letter.
Sincerely,
AKERMAN LLP
Christopher prison (electronically skated)
Christopher ()prison
cc: William W. Palmer, Esq.
Encl.
Case 5:16-cv-01336
03/18/16
26 26
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
2727
of of
101
SETTLEMENT AGREEMENT AND MUTUAL RELEASE

This Settlement Agreement and Mutual Release ("Agreement) is entered into by and
between Theta Chi Fraternity, Inc., a New York tax exempt corporation with a principal place of
business at 3330 Founders Road, Indianopolis, Indiana ("Theta Chi") and Alumni Association of
Chi Theta Chi House ("the Association"), a California nonprofit mutual benefit corporation with a
principal place of business at 3317 22"
effective as of the date it becomes fully executed below ("Effective Date").
RECITALS
WHEREAS, Theta Chi is a men's fraternity with active chapters on college campuses
located throughout the United States. Theta Chi has registered four "Collective Membership"
trademarks with the United States Patent and Trademark Office: the Greek Letters "OX" denoting
its identifying symbols (Registration No. 1,231,512), the words "THETA CHI" denoting the
fraternity name (Registration No. 1,240,699), the "Coat of Arms" or "Theta Chi Crest"
(Registration No. 1,549,640), and Membership Pin design and configuration (Registration No.
1,221, 273) (collectively "the Theta Chi Marks").
WHEREAS, from approximately May 1920 until March 1988, Theta Chi maintained the
Alpha Epsilon chapter at Stanford University, located at 576 Alvarado Row, Stanford, California
("the Property"), pursuant to a leasehold agreement with the University.
WHEREAS, on or about March 11, 1988, Theta Chi revoked the charter of the Alpha
Epsilon chapter.
WHEREAS, sometime after March 1988, the Association, a California nonprofit mutual
benefit corporation, with Stanford University Office of Residential Education, began managing
the Property solely as a student cooperative living residence and has since that time continuously
referred to it as the "Chi Theta Chi" House ("the House"), denoted by the Greek letters "Chi Theta
Chi" or "X0X" (the "Chi Theta Chi Marks").
Case
Document
1-1 03/18/16
Filed 03/18/16
Case 5:16-cv-01336
1-1 Filed
Page 28 Page
of 10128 of 101
WHEREAS, effective September 1, 2012, Stanford University terminated the

Assocation's ground lease to the Property, became the sole owner of the structure located thereon,
and assumed full responsibility for providing student housing at the Property.
WHEREAS, on October 30, 2012, Theta Chi filed a complaint in the Superior Court of the
State of California for the County of Santa Clara against the Association, Case No. 1120/235099,
alleging claims of federal trademark infringement under 32(1) of the Lanham Act, 15 U.S.C.
1114(1), federal trademark dilution under 43(e) of the Lanham Act, 15 U.S.C. 1125(c),
trademark dilution under California law, unfair competition under California law, and
misappropriation under California law. On November 20, 2012, Association filed a notice of
removal of the action to the United States District Court for the Northern District of California, and
the action was assigned Case No. C-12-5942-ISC (hereinafter "the Action"). Association denies
all of the claims asserted in the Action,
WHEREAS, Theta Chi and the Association desire to compromise and settle the claims
asserted in the Action and avoid further disputes.
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
representations, promises, terms, and conditions contained herein, the sufficiency and receipt of
which is hereby conclusively acknowledged, and intending to be bound, Theta Chi and the
Association agree as follows:
TERMS OF AGREEMENT
1. ASSOCIATION'S OBLIGATIONS
a. Discontinuation of Use of Theta Chi and Chi Theta Chi Marks
(i) No later than thirty (30) days after the Effective Date, the Association shall
permanently cease all use in commerce of the Theta Chi and Chi Theta Chi Marks
in whole or in part as a trade name, trademark, service mark, or domain name;
provided, however, Association may use its new name with the phrase "formerly
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
2929
ofof
101
known as the Alumni Association of Chi Theta Chi House" and may continue
using "xox" in the name of its group email distribution lists (e.g.
"xoxboard@ corn" or "xoxalumm corn"), until no later than August 1,
2013.
(ii) No later than thirty (30) days after the Effective Date, the Association shall
ensure that all members are notified of the terms of this Agreement but, except as
provided in Paragraph 1,b below, does not have any obligation hereunder to take
any action regarding any use of the Theta Chi or Chi Theta Chi Marks at the House
or the Property by non-member residents,
(iii) Theta Chi also agrees that the Association may use the name "Alumni
Association of Chi Theta Chi House" in connection with filing the Certificate of
Election to Wind Up and Dissolve Association that will be filed with the California
Secretary of State, pursuant to Paragraph 1.c below, and the name "Alpha Epsilon
Alumni Association of Theta Chi Fraternity" and/or "Alumni Association of Chi
Theta Chi House" as may be reasonably required in the Association's state or
federal income and other tax returns of the Association for tax year 2012 and their
related correspondence and any final returns relating to the Association's
dissolution in 2013. The Association will not provide its Federal income tax
returns for 2012 and following years to the Guidestar web site or knowingly permit
such returns to otherwise become generally available to the public.
b. Change of Name of House
The Association shall not oppose or interfere with any effort by Theta Chi to cause
Stanford and the residents of the Property to change the name of the House, such
that the name no longer includes the words "theta" or "chi" or their Greek letter
equivalents "0" or "X". The Association shall provide written consents assisting
with such name change to the extent reasonably requested by Theta Chi, Stanford
or the student residents of the House. Theta Chi shall be responsible for preparing
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
3030
ofof
101
and/or providing any documentation that requires Association's signature under

this paragraph b,
c. Dissolution of Association
No later than twenty (20) days after the Effective Date, the Association shall
initiate its dissolution by filing its Certificate of Election to Wind Up and Dissolve
with the California Secretary of State. The Association shall complete its
dissolution and terminate its existence by filing a Certificate of Dissolution with the
California Secretary of State by no later than August I, 2013. Any successor
organization to the Association shall not include the words "Theta" or "Chi" or
their Greek letter equivalents "0" or "X" in its name.
d, Nominative Fair Use of the Chi Theta Chi Marks
Nothing herein is intended to preclude Association from making nominative fair
use of the Chi Theta Chi Marks in connection with referencing the House, its
former residents or describing its history. Notwithstanding the foregoing,
Association shall, no later than ten (10) days after the Effective Date, remove the
www.savexoLtumblincom website and the "In Support of Chi Theta Chits
Independence" petition at www.signon,org from the Internet. The Association
represents and warrants that it does not control any other social networking sites,
websites, blog or other web content referencing the Chi Theta Chi Marks. The
Association shall permanently refrain from making any statements that suggest the
Association, House or its residents are, affiliated with or sponsored by Theta Chi.
2, THETA CHI'S OBLIGATIONS
a. Stipulated Dismissal of Action
Within five (5) business days of the Effective Date, Theta Chi shall cause to be filed
the attached Stipulation of Dismissal With Prejudice pursuant to Rule 41(a) of the
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
3131
of of
101
Federal Rules of Civil Procedure (the "Stipulated Dismissal of Action") attached

hereto as Exhibit A, pursuant to which the District Court shall dismiss with
prejudice the action, The Stipulated Dismissal of Action shall provide that each
party shall bear its own attorneys' fees and costs and that the Court shall retain
jurisdiction to enforce the terms of this Agreement.
b. No Interference with Dissolution, Winding Up or Liquidation of Association
Theta Chi shall take no action to obstruct or interfere with the dissolution of the
Association or its winding up or liquidation. Nothing shall prevent Theta Chi from
taking action to enforce the terms of this Agreement in the event of a breach by the
Association.
3. NO ADMISSION OF LIABILITY
Nothing contained in this Agreement, including the offer, execution, and
performance hereof, constitutes an admission by any Party to this Agreement
concerning the claims of any other Party or of liability with respect to any matter
referred to herein.
4. CURE
In the event that either party materially breaches this Agreement, the complaining
party shall provide the alleged breaching party with written notice thereof pursuant
to the provisions of Paragraph 5(1) herein specifically identifying the nature of the
purported breach and the alleged breaching party shall have fifteen (15) days after
receipt of written notice from the complaining party specifying the nature of the
purported breach to cure same or otherwise respond to the complaining party.
In the event of a material breach by one party to this Agreement, and failure to
timely cure, the non-breaching party shall be entitled to enforce any and all
provisions of this Agreement, recover any actual damages resulting from the
breach, and any other relief that the Court may impose.
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
3232
ofof
101
5. GENERAL '1E,RMS
a. Mutual Release
In consideration for and subject to full and timely satisfaction of the terms and
conditions set forth in this Agreement, and except with respect to the obligations
created by, acknowledged, or arising out of this Agreement, Theta Chi, on the one
hand, and Association, on the other hand, do hereby for themselves and their
respective legal successors and assigns, release and absolutely and forever
discharge each other and their respective shareholders, officers, directors,
employees, agents, attorneys, insurers, legal successors and assigns, of and from
any and all claims, demands, damages, debts, liabilities, losses, accounts,
reckonings, obligations (statutory, contractual, common law or however arising),
costs, expenses, remedies, liens, actions and causes of action of every kind and
nature whatsoever, which they have, own or hold at the time of execution of this
Agreement, or at any time heretofore have had, owned or held, whether known or
unknown, suspected or unsuspected, against one another arising from or related to
the matters alleged in the Action, Having been so apprised and advised, each Party
expressly waives any claims, rights, or other benefits arising under, flowing from or
otherwise based on California Civil Code 1542.
b. Successors and Assigns

This Agreement shall extend to, inure to the benefit of, and be binding upon the
parties hereto and their respective directors, officers, partners, proprietors,
attorneys, agents, servants, employees, representatives, parents, affiliates,
subsidiaries, shareholders, insurers, predecessors, and successors and assigns,
c. Entire Agreement
This Agreement constitutes the entire agreement among the parties with respect to
the subject matter hereof and supersedes all prior negotiations and agreements,
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
3333
ofof
101
whether written or oral, relating to such subject matter. This Agreement may not be
altered, amended, modified, or otherwise changed in any respect except by an
instrument in writing duly executed by authorized representatives of each of the
parties hereto.
d. Representation by Counsel
Each party to this Agreement acknowledges that it is represented by counsel
concerning the matters resolved by this Agreement and the Agreement itself.
e. Governing Law and Forum Selection
This Agreement and all actions for the breach thereof will be governed, construed,
and interpreted in accordance with the laws of the State of California and applicable
federal statutory law without regard to or application of choice of law rules or
principles
The Parties expressly consent to the exclusive jurisdiction of the United States
District Court for the Northern District of California to enforce this Agreement, or
to resolve any claim, controversy or dispute involving it.
f. Each party to bear its own costs, attorney fees and expenses
Each party agrees that it shall bear its own costs, attorneys' fees and other expenses
associated with the Action.
g Severability
If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid, illegal or unenforceable, such determination shall not
affect the validity of the remaining provisions. The parties agree that the court
making the determination of invalidity, illegality or unenforceability shall have the
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
3434
ofof
101
power to reduce the scope, duration, or area of the term or provision, to delete
specific words or phrases, or to replace any invalid or unenforceable term or
provision with a term or provision that is valid and enforceable and that comes
closest to expressing the intention of the invalid, illegal or unenforceable term or
provision, and this Agreement shall be enforceable as so modified.
h, Construction
The paragraph headings contained in this Agreement are provided for convenience
only and shall not be considered in the interpretation and construction of this
Agreement. "Hereof', "herein" and words of similar import, even when not
initially capitalized, refer to this Agreement as a whole, and not to any particular
section, paragraph or other provision of this Agreement.
Whereas Clauses Incorporated
The WHEREAS clauses of this Agreement are incorporated into and considered a
part of this Agreement for all purposes, including when construing the effect of its
provisions and the intent of the parties.
Execution of other documents
The parties agree to cooperate to effect the intent and terms of this Agreement and
agree to execute any other papers or documents as may be reasonably required or
necessary to effect the terms and obligations contained in this Agreement.
k, Waiver
The failure of either party at any time or times to demand strict performance by the
other party of any of the terms or conditions of this Agreement shall not be
construed as a permanent or continuing waiver or relinquishment thereof and each
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page3535ofof101
101
Case5:16-cv-01336
1-1 Filed
may at any time demand strict and complete performance by the other of said terms
and conditions,
I. Notice
All notices, consents, requests and demands to or upon the respective parties hereto
must be in writing and delivered either in person, by electronic mail (email), by U.S,
mail (certified or registered mail, postage prepaid), by facsimile (but only if
followed by a prompt confirming original sent by personal delivery or mail in
accordance with the foregoing), or by Federal Express or a similar recognized
courier service (all charges prepaid), to the following individuals as specified
below ("Notice"). Any change or substitution of a party's contact information shall
be made in writing to the opposing party The timeliness of such Notice will be
measured based on the date(s) sent, and such Notice will be effective upon receipt,
except for Notice by emails service which shall be deemed effective upon
confirmation of receipt. For email service, each party shall designate an individual
contact to receive service of the Notice on its behalf. That designated service
contact shall be responsible for confirming receipt of the Notice by timely return
email.
For Theta Chi:
Christopher O. Oprison
Washington DC 20005
Fax: (202) 661-0595
Raoul D. Kennedy
James P. Schaefer
Palo Alto, CA 94301
Fax: (650) 470-4570
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
3636
ofof
101
William W. Palmer
Fax; 916-564-5758
For Association:
Abel Allison
241 Divisadero St.
Robert N. Phillips
Reed Smith LLP
101 2' Street
Suite 1800
Fax: 415.391.8269
Robert I Henn
Fax: 415-634-1601
m. Execution
The Agreement will be executed in triplicate and may be made in counterparts
delivered by facsimile with originals to follow,
Case 5:16-cv-01336
03/18/16
37 37
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
THETA CHI FRATERNITY, INC., a New York

Date: I itliaoi3
By:
Name: Mi'cixote/ Mayer

Title: hte"
Date:
ALUMNI ASSOCIATION OF CHI THETA CM

HOUSE, a California nonprofit mutual benefit
corporation
By:
Name:
t'
Case
Document
03/18/16
Case 5:16-cv-01336
1-1 1-1
Filed Filed
03/18/16
Page 38Page
of 10138 of 101

Date: THETA CHI FRATERNITY, INC., a New York

By:
Name:
Title: and duly authorized signer
Date: 0

HOUSE, a California nonprofit m al benefit
corporatio
By:
Name:
Title: Rv-.4.t' , and duly authorized signer
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
3939
of of
101
EXHIBIT "A"
"Stipulated Dismissal of Action"
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
4040
of of
101
1
2
3
4
5
6
7
Robert N, Phillips (SBN 120970)

REED SMITH LI,P
Email: tbui@reedsmith,com
Telephone: +1 415 543 8700
Facsimile: +1 415 391 8269
8
9
10
SAN JOSE DIVISION
11
'e
12
Plaintiffs,
13
o
to
14
15

WITH PREJUDICE

16
Defendants.
17
18
19
20
21
22
23
24
25
26
27
28
Case No. C- 12-5942-JSC
US ACTIVE-111579225.1:1MM
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
4141
ofof
101
1
2
3
California;
10
11
12
g 13
- 1 14
a
w zg 15
; 16
_ 17
18
19

this litigation and have entered into a confidential settlement agreement;
side to bear their own attorneys' fees and costs,
20
21
22

Robert N. Phillips, Cal, Bar No. 120970
Tiffany M. Bui, Cal, Bar No, 281339
Reed Smith LLP
23

Email: robphillips@reedsmith.corn
Email: tbui@reedsmithcom
Telephone: (415) 543-8700
Facsimile: (415) 391-8269
24
25
26
27

28
Case No. C-I2-5942-JSC -2-
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
4242
of of
101
1
2
3
4
5
6
7
By:
Raoul D. Kennedy
Raoul D. Kennedy, Cal. Bar. No, 40892
James P. Schaefer, Cal. Bar. No. 250417
Telephone: (650) 471-4500
Facsimile: (650) 470-4570
Email: chris.kennedy@skadden.com
Email: james.schaefer@skadden.00111
Washington DC 20005
Telephone: (202) 372-7000
Facsimile: (202) 661-0595
Email; christopher.oprison@skadden,com
9
10
11
12
13
William W. Palmer, Cal. Bar. No, 146404

Law Offices of William W, Palmer
Telephone: (916) 564-4458
Facsimile: (916) 564-5758
Email: wpalmer(4almeroorp.com
14
15
16
17
18

19
20
21
22
23
I, Robert N. Phillips, attest that I am one of the attorneys for Defendant Alumni Association
filing of this document has been obtained from Counsel for Plaintiff Theta Chi Fraternity, Inc.
24
25

Robert N, Phillips
26
27
28
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
4343
of of
101
1PROPOSED ORDER
RE: DISMISSAL WITH PREJUDICE
2
3
4
The Court, having reviewed the above Stipulation, and GOOD CAUSE APPEARING
THEREFOR, hereby orders as follows:
IT IS HEREBY ORDERED THAT:
Pursuant to the Joint Stipulation of the parties, all claims in this litigation are hereby
DISMISSED WITH PREJUDICE, each party to bear its own attorneys' fees and costs.
The Court shall retain jurisdiction to enforce the parties' Settlement Agreement as necessary
8
9
and to the fullest extend provided by law.
10
11
Dated:
12
HONORABLE JACQUELINE SCOTT CORLEY

UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. C-I2-5942-ISC
-1JOINT STIPULATION TO DISMISS WITH PREJUDICE
US ACTIVE-111579225.1 -1-MBUI
Case
Document
Filed 03/18/16
Case 5:16-cv-01336
1-1 1-1
Filed 03/18/16
Page 44Page
of 10144 of 101
Case3:12-cv-05942-JSC Document15 Filed01/14/13 Pagel of 3
1
2
3
4
5
6
7
Robert N. Phillips (SBN 120970)

REED SMITH LLP
Email: robphillips@recdsmithcom
Email: tbui@reedsmithcom
Telephone: +1 415 543 8700
Facsimile: +1 415 391 8269
-
8
9
10
SAN JOSE DIVISION
11
12
Case No. C-12-5942-ISC

Plaintiffs,
t 13
0 "f 14
15

WITH PREJUDICE

16
Defendants.
< 17
18
19
20
21
22
23
24
25
26
27
28
US ACTIVE-111579225.2
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page4545ofof101
101
Case5:16-cv-01336
1-1 Filed
Case3:12-cv-05942-JSC Document15 Filed01/14/13 Page2 of 3
1
2
3
California;
10
11
12
-1
13
2
0
14
D.
15
16
17
side to bear their own attorneys' fees and costs.
this litigation and have entered into a settlement agreement;
";
18
19
20
21
22
23
24
25
26
27
28
Dated: January 14, 2013 By: /s/ Robert N. Phillips

Robert N. Phillips, Cal. Bar No. 120970
Tiffany M. Bui, Cal. Bar No. 281339
Reed Smith LLP
Telephone: (415) 543-8700
Facsimile: (415) 391-8269
Case No. C-12-5942-JSC -I JOINT STIPULATION TO DISMISS WITH PREJUDICE
US_ACTIVE-111578225.2
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
4646
of of
101
Case3:12-cv-05942-JSC Document15 Pited01/14/13 Page3 of 3
1
2
3
4
5
6
7
By:
Raoul D. Kennedy
Raoul D, Kennedy, Cal, Bar. No. 40892
James P. Schaefer, Cal. Bar. No, 250417
Telephone: (650) 471-4500
Facsimile: (650) 470-4570
Email: chris.ketmedy@skaddemcom
Email: james.schaefer@skadden,coin
8
Christopher G. Oprison
1440 New York Avenue, N,W,
Washington DC 20005
Telephone: (202) 372-7000
Facsimile: (202) 661-0595
Email: christopher,oprison@skadden.corn
9
10
11
12
13
William W. Palmer, Cal. Bar. No. 146404

Telephone: (916) 564-4458
Facsimile: (916) 564-5758
Email: wpalmor@palmercorp.com
14
15
RE
E
D
16
17
18

19
20
21
22
23
I, Robert N. Phillips, attest that I am one of the attorneys for Defendant Alumni Association
filing of this document has been obtained from Counsel for Plaintiff Theta Chi Fraternity, Inc,
24
25

Robert N. Phillips
26
27
28
Case 5:16-cv-01336
03/18/16
47 47
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Case 5:16-cv-01336
03/18/16
48 48
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Business Search - Business Entities - Business Programs
Secretary of State Main Website
Business Entitles (BE)

Online Services
- E-File Statements of
Information for
Corporations
- Business Search
- Processing Times
- Disclosure Search
Main Page
Service Options
Name Availability
Forms, Samples & Fees
Statements of Information
(annual/biennial reports)
Filing Tips
Information Requests
(certificates, copies 8(
Page 1 of 1
Business Programs Notary & Authentications Elections Campaign & Lobbying
Business Search - Results

Data is updated to the California Business Search on Wednesday and Saturday mornings. Results
reflect work processed through Friday, January 01, 2016. Please refer to Processing Times for the
received dates of filings currently being processed, The data provided is not a complete or certified
record of an entity.
Select an entity name below to view additional information. Results are listed alphabetically in
ascending order by entity name,
For Information on checking or reserving a name, refer to Name Availability.
For Information on ordering certificates, copies of documents and/or status reports or to request a
more extensive search, refer to Information Requests.
For help with searching an entity name, refer to Search Tips.
For descriptions of the various fields and status types, refer to Field Descriptions and Status
Definition s.
Results of search for" "ALUMNI ASSOCIATION OF CHI THETA CHI HOUSE" " returned 1 entity record,
status reports)
Service of Process
Entity
Number
Date Filed
C0131837
12/21/1928 ACTIVE
Status
Entity Name
Agent for Service of

Process
FAQs
Contact Information
Resources
- Business Resources
- Tax Information
- Starting A Business
ALUMNI ASSOCIATION OF CHI

THETA CHI HOUSE
Modify Search New Search
Customer Alerts
- Business Identity Theft
Misleading Business
Solicitations
Privacy Statement I Free Document Readers

Copyright C) 2016 California Secretary of State
http://kepler.sos.ca.gov/ 1/4/2016
MADELEINE DOUGLAS
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
4949
of of
101
Business Search - Business Entities - Business Programs
Business Programs Notary Authentications Elections Campaign B. Lobbying
Secretary of State Main Website
Business Entities (BE)

Online Services
- 5-File Statements of
Information for
Corporations
- Business Search
- Processing Times
- Disclosure Search
Business Entity Detail

Data is updated to the California Business Search on Wednesday and Saturday mornings. Results
reflect work processed through Friday, January 01, 2016. Please refer to Processing Tim
received dates of filings currently being processed. The data provided is not a complete or certified
record of an entity.
Main Page
Entity Name: ALUMNI ASSOCIATION OF CHI THETA CHI HOUSE
Service Options
Entity Number: C0131837
Name Availability
Date Filed; 12/21/1928
Forms, Samples & Fees

Statements of Information
(annual/biennial reports)
Filing Tips
Information Requests
(certificates, copies &
status reports)
Service of Process
FAQs
Contact Information
Resources
- Business Resources
- Tax Information
- Starting A Business
Customer Alerts
- Business Identity Theft
- Misleading Business
Solicitations
Status: ACTIVE
Jurisdiction: CALIFORNIA
Entity Address: 3317 22ND STREET
Entity City, State, Zip: SAN FRANCISCO CA 94110
Agent for Service of Pr ocess: MADELEINE DOUGLAS
Agent Address: 3317 22ND STREET
Agent City, State, Zip : SAN FRANCISCO CA 94110
*Indicates the information is not contained in the California Secretary of State's database.
If the status of the corporation is "Surrender," the agent for service of process is automatically
revoked, Please refer to California Corporations Code section 2114 for information relating to
service upon corporations that have sur rendered.
For information on checking or reserving a name, refer to Name Availability.
For Information on ordering certificates, copies of documents and/or status reports or to request a
more extensive search, refer to Information Reqmests.
For help with searching an entity name, refer to Search TVs.
For descriptions of the various fields and status types, refer to Fleld
Definition s
Modify Search New Search Printer Friendly
Plinstitp19.123.9.91 I Erst119smsaqat.MR01.
Copyright 2016 California Secretary of State
http://kepler.sos.ca.gov/ 1/4/2016
Page 1 of 1
Case 5:16-cv-01336
03/18/16
50 50
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Case 5:16-cv-01336
03/18/16
51 51
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Chi Theta Chi I Coop Web Page 1 of 1
Not kititti
LOG Di
Chi Theta Chi

Chi Theta Chi is a cooperative house that split apart from the Theta Chi Fraternity over thirty years ago. The house thrives on a strong legacy of co-op living that
has a deep culture of community and tradition. Chi Theta Chi is a private title house, which means that the house is owned by the Alumni Board. This means that
we have non-standard furniture and we can paint our own walls, but we also have an added responsibility that requires more work. We hold a work week one week
prior to the start of classes fall quarter and two work weekends at the beginning of winter and spring. During work days every resident is required to work on the
house ftom 9 to 5 on projects around the house, which is a lot of work and also a lot of fun.
Because the house is more than 100 years old and used to be a fraternity, the bathrooms and showers are co-ed and communal. This creates an
atmosphere of comfort and trust within the community, which only seems strange until you've experienced your first group shower. Chl Theta Chi prides
itself on a love for delicious food and the kitchen is the heart of our home. Although we are a meat eating co-op, we are also vegetarian and vegan friendly
as about one third of the house is usually vegetarian. We also try to or der all of our food organic within reason. Cook crews are lead by residents on a
rotating schedule and each resident does a kitchen job (cook or clean) for about 2 hours, once a week. At Chi Theta Chi we also have a lot of fun. We
have many trips, parties, and traditions that we do as a house that have been in the house for years. Ask us about them.
It Is possible to haves conflict with work days, but residents must make up the hours.
Chl Theta Chi on the Campus Map: http://campus-map.stanford.eduilndex.cfm?M=11-100
Pre-assignment Requirements
Living In Chi Theta Chi requires more work than other co
To get pre-assigned Into Chi Theta Chi, applicants must participate in a Work Day (TBA) or complete the equivalent five hours of work in the house prior to the
Work Day. You must also take a tour of the house. If you are abroad or cannot come to work day, please contact a staff member (see contact information below).
For abroad students:
We will have them contact us and work out an acceptable task to do from abroad. (ex. a group rowed out to the middle of a lake in Madrid and took a picture of
themselves spelling XOX out). We have covered this in our answers to the website questions.
For students already in other co-ops:
They will still be required to come to Work Day (TBA)
Regular Draw Requirements

Requirements for drawing into Chi Theta Chi are the same as the pre
Requirements and Agreements as a Resident

Residents are required to attend work week prior to the start of fall quarter and work weekends on the first weekend of winter and spring quarter. Work days
consist of working on house improvements, projects, and cleaning from 9 to 5. Residents are required to participate in a cook or a clean shift in the kitchen once a
week for approximately 2-3 hours. They must also complete a Sunday kitchen clean once per quarter.
Finally, all residents have a house job assigned quarterly that they must complete on ce per week that take about 1 hour.
Contact Information
Click here for Chi Theta Chi staff contact information.
02016 Stanford cooperative Houses, All Rights Reserved
http://web.stariford.edu/group/coopiegi-bin/publie/wiki.php?wikiidl&pagename=Chi+The. 1/4/2016
Case 5:16-cv-01336
03/18/16
52 52
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Case 5:16-cv-01336
03/18/16
53 53
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Chi Theta Chi I Stanford University Campus Map Page 1 of 21
Chi Theta Chi

(http://www.getcampusmaps.comistanforduniversity/chi-theta-chin at Stanford
(http://www.getcampusmaps.comistanforduniversity/)
Get or Share Directions To Chi Theta Chi.
Get Your Campus Map App (https://itunes.apple.comiusiappicampus-maps/id454084144?mt=8Stuu
PREPARE FOR LEADERSHIP

IN THE MILITARY AND BEYOND
LE4FJ
Map I Satellite
Chi Theta Chi

(http://www.getcamposmaps.c
university/chi-theta-chi/)
Get Directions to Chi Theta Chi
Go ,gle
(https://maps.google.comimaps?11.37.422234,122,1659528,2
seting4a9/4WW422234,-122.165952,17z/data.110m1110112131?sotKvalitteENSW4P*
Find Anything on the Stanford Campus Map

(http://www.getcampusmaps.com/stanforduniversity!):
Building I Type Name: - -
hap://www.geteampusmaps.comistanford-university/ehi-theta-ehi/ 1/4/2016
*
Military
SIMILI University
Case 5:16-cv-01336
03/18/16
54 54
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Case 5:16-cv-01336
03/18/16
55 55
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Paper Void's upset at Chi Theta Chi I Stanford Daily
Tbe tantoto
Page 1 of 4
aitp
ABOUT"
NEWS - SPORTS - OPINIONS - ARTS Et LIFE - THE GRIND- MULTIMEDIA - FEATURES - ARCHIVES -
search
TIPS"
TWEETSBY@STANFORLITAILV
PAPERVOIDS
' UPSETATCHITHETACHI
ONCAMPUS
Tweet
Benjamin Sorensen
Music Desk Editor
By: Benjamin Sorensen I Music Desk Editor
On Saturday night, the Stanford Concert Network hosted two genre-bending bands at Chi Theta Chi for a
free house concert, The set opened with relative unknowns Paper Void, an Oakland based
funkilusionineo-soul outfit with deep Stanford ties. They were followed by BADBADNOTGOOD, an
acclaimed Canadian pseudo-jazz trio who have made waves with their instrumental albums and worked
extensively with hip-hop and B&B superstars, If music were a competition, this would be a tale of David
and Goliath,
The tale of the tape shows a clear imbalance of success. Paper Void opened at Frost last year, while BBNG
played at SXSW and the Montreal International jazz Festival; PaperVoid has 750 likes on theirFacebook
page, BBNG has over 84,000; Paper Vold recorded their debut EP "Unfold" and released it free to fans,
and BBNGdropped a full-length studio album with legendary Wu-Tang emcee Ghostface Killah. The two
are in completely different leagues, and I expected to hear the difference in their performances. But on
Saturday night, the underdogs flipped the script and blew the headliners out of the water.
Simply put, Paper Void is a force to be reckoned
with. Consisting of vocalists Ella Cooley and
Hannah Martinson '13, keyboardist Nathan
Rickert, emcee Alberto Guzman '13, trumpeter
Daniel Bereket '17, guitarist Gavin Leeper '13,
bassist Evan Gitterman '14 and drummer Alex
Fever '12, they're a young group of thoughtful
and sophisticated musicians with eyes and ears
set on greatness, Their sound is something like
Hiatus Kaiyote meets j Dilla meets Snarky
Puppy Oust a few of my favorite things). In
other words, they combine tasty syncopation,
synths and singing with classic hip-hop beats
and broken swing, then tie it all together with
intelligent improvisation and undeniable groove,
Follow TSDAdsAndille
CONTACTUS
For film tips, email
film@stanfaradally.com.
For theater tips, email
theater@stanfordaily.com
For music tips, email
music@stanfaradally.com
For visual arts tips, email
visualarts@stanforadally.com
For general AM_ tips, email
arts@stanforddally.com
PaperVold played a stunning opening set at Chi

Theta Chi. Courtesy ofjohan Ismael.
AT OVER 95 OF THE
FORTUNE 100.
Cooley and Martinson's vocal harmonies rarely missed the mark, and Guzman's raps delivered fresh
energy and flavor. The band's instrumental solos were hip but not overly flashy, and their coordination of
broken and off-beat rhythms was masterful. Led by Favaro's drumming, the band held laid-back grooves
that hit just behind the beat (the ultimate rhythmic expression of cool), before suddenly bursting out for
climactic moments of all-out energy. Bickert was especially impressive on the keys, using an arsenal of
dirty synths to flavor his solos.
Paper Void weaved their way through a set of originals and covers, including a tongue-in-cheek variation
on the crowd favorite "Leave (Get Out)" by 2004's teen pop wonder jojo, a riff on 'Fall in Love" by hip-hop
collective Slum Village and a cover ofjames Blake's dubsteppy ambient hit "Retrograde" At one point, the
vocals dropped out and the band went into a faithful rendition of Dilla's 'lime: The Donut of the Heart,"
matching the original computerized ritards to a tee no easy feat for a live band.
hap://www.stanforddaily.eom/2015/04/21/paper_yoid_bbng/
ARTSBLIFECOLUMNISTS
1/4/2016
Case 5:16-cv-01336
03/18/16
56 56
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Paper Void's upset at Chi Theta Chi I Stanford Daily
Page 2 of 4
Paper Void - Retrog
CRITICS'PICKS
As PaperVold packed up its set, the crowd swelled in anticipation of BADBADNOTGOOD's headlining
performance. BBNG's sound is defined by its uncommon application of traditional jazz instrumentation to
hip-hop standards and instrumental groove-oriented originals. They're gifted crowd-pleasers, skilled at
engaging the audience with their energy and stage presence. Nevertheless, their music comes off as selfindulgent, unrefined and a bit immature.
These qualities are easily overlooked in a loud, crowded room with booming acoustics, and all things
considered, might be Irrelevant to the band's function at a house party. But all It takes is a step back from
the hype and energy to expose the music as uncoordinated and unserious. The bass was rhythmically
inconsistent and far too loud, overpowering the somewhat monotonous drums, and the keys were
aggressively dissonant and unrestrained. There was energy, but it didn't feel controlled. The combined
effect was frenzied and careless.
Film review: A 'Joy' to behold

December25, 2015
In the end I felt short-changed by BBNG, but I'm delighted to have discovered Paper Void. I strongly
believe and genuinely hope that they'll blow up soon. They deserve to be heard.
Contact Benjamin Sorensen at bcsoren 'arstanfordedu.
SHARE Tweet
SUBSCRIBE Click here to subscribe to our daily newsletter of top headlines.
Television review: Netflix's

refreshing 'Demetri Martin: Live
(At the Time)'
December23, 2015
Tagged with: BADBADNOTGOOD Bala CHI THETA cal FUNK FUSION J DILIA JAMES BLAKE
NEO-SOUL PAPER VOID BBB STANFORD CONCERT NEMO RK
4
.
tVe,N d nemex eatin3
Noname Gypsy: Running from

paradise
Mese 4 oods Piotols! tnilation
December1, 2015
ABOUTBENJAMINSORENSEN
al
an undeclared sophomore from Stanford, California with interests in political science,

Chinese, and music. He enjoys playing guitar, talking about music, and wishing he
could sing. Contact him at bcsoren 'at' stanford.edu.
ftovr pout NO PFumbinB
RELATEDPOSTS
10:1#REoI
UPCOMINGARTSEVENTS
JANUARY, allq >

SORT OPTIONS
http ://www. stanforddaily. eom/20 1 5/04/2 1 /paper void_bbng/
1/4/2016
Case 5:16-cv-01336
03/18/16
57 57
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Case
Case 5:16-cv-01336
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
5858
of of
101
101
0 , sontpc.-
Theta Chi Thursday X Silk Worm & Britney Snnearz: 0

Anal Flora
OCT 29 XOX 9111

hIl Elirn
Stnitv'd
Thu_ Oct 29 201.5 at 9orn

13 ViEek4S,
In)' Coro,' to XOX ti
fltIttairt; SILK WORM & BRITNEVSMEARZ PreAloral music provided by 5abd WaH
1'7 P
135 went an Facebook
tollOwPti Int' 1 sEt in the toeak*eve to, Mac 6 E.,e3Fra

Event lits
contact tiPool .
RAD Ca be tan_Jailv Ennh.med
21- t d SCOlEillmEr abotir 119ar
SimilarveorsneorStantor[I.CA
1
(37090242;1}
Case 5:16-cv-01336
03/18/16
59 59
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Case 5:16-cv-01336
03/18/16
60 60
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Queens, Queers and Anal Flora! Stanford Arts Review Page 1 of 14
&Lanford arts review f
US THEM MISSION SUBMIT I PROFILES PLAYLISTS

REVIEWS COMMENTARY TOPICS +
Queens, Queers and Anal

Flora
by Alex Zivkovie / November 3, 2015
http://stanfordartsreview.comianal-floral
12/16/2015
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
6161
ofof
101
Queens, Queers and Anal Flora 1 Stanford Arts Review
Page 2 of 14
Last week's Theta Chi Thursday presented Anal Flora, a

performance organized by Silk Worm and Britney Smearz that
featured dancing, singing, roller skates, and a. whole lot of
clacking high heels. Many of the performers were in genderbending costuming but even in the more hetero performances,
there was attention to finding jokes that tread the fine line
between disgusting and cute or awful and hilariousthe stuff that
camp is made of. Anal Flora had an outstanding level of unity
across the various genres of performance, mostly showcasing a
fun and healthy way to do drag that centered on queerness and
difference.
An unfinished conversation
In the first incense-filled act, Calvin. Studebakerwho played
Pentheus, the King, in The Bacchae last year performed with
Peter Oathout as a couple engaged in patterns of abuse and
possessiveness.
http://stanfordartsreview.comianal-flora/ 12/16/2015
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
6262
ofof
101
Queens, Queers and Anal Flora I Stanford Arts Review Page 3 of 14
As someone who religiously tracked Pentheus in the interactive

performance last year, I was struck by the parallels between the
pseudo-seduction scene underway on stage here and the intimate
scene between Pentheus and Dionysus as the king dons women's
clothing.
Here, Studebaker wore a Sia-inspired, Elastic Heart-esque leotard,
with a small skirt that reminded me of the heels and dress he wore
in that other performance. But the similarities laid more in their
ways of interacting. In The Freeks' production of bacchae last
spring, Tucker Bryant as Dionysus enchants and intoxicates
Pentheus, forcing him to wear women's clothing as he forcibly
strips his clothes just as here Oathout writhes against Studebaker.
The receptions of the performances, however, were wildly
different. As alluring as the pulsing music and pink lighting was,
the sensual seduction in bacchae was meant to be horrifying. One
person clearly held all the power as Dionysus commanded
Pentheus and (spoiler if you still haven't read the two millennia
old play,) ultimately, Pentheus dies because of this.
In the Chi. Theta Chi lounge, Studebaker's body was no less
abused. Limp and lifeless for most of the scene, he was subjected.
to Peter's actions. Yet laughter somehow permeated the layers of
relationship abuse, possessiveness, and assault that the
performance was addressing.
Ittp://stanfordartsreview.comianal-flora/ 12/16/2015
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
6363
ofof
101
Queens, Queers and Anal Flora 1 Stanford Arts Review Page 4 of 14
Did people laugh perhaps because a queer actor was "seducing" a

straight actor? I'm truly horrified that the audience reacted this
way, though perhaps some of the blame lies in the more theatrical
and borderline-silly facial expressions of Oathout's anger.
But I do not want to remove the blame entirely :from the
production itself since it was undeniably and unexpectedly
triggering of various forms of violence and abuse. I fear the
performanceduring which Studebaker shattered a glass candle
holder in revenge resonated too closely to the true violence
committed to students on our campus for it to prompt dialogue.
As one such student subjected to this violence before, I had to
look away.
The performance's serious tone was in stark contrast with the
remainder of the evening, packed full of silly dance and song. If
this performance wanted to instigate dialogue, when were they
hoping to have a much needed debrief? Somewhere between the
Broadway show tunes and ukulele campfire songs?
The night was advertised as a series of performances book-ended
by musical sets. Were people primed to have this kind of talk?
Were the performers willing to engage in it? To display such
violence without the chance to reflect on it is wrong because all
that does is leave the aesthetics of violence without the prompt for
change or healing our campus so requires.
http://stanfordartsreview.cornianal-flora/ 12/16/2015
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
6464
of of
101
Prancing, fan kicks, and gender politics

Wrapped in a luxurious fur coat, Will Funk coyly eyed the crowd,
breaking the cycle of violence that the last performance left us
with, Posed on the stage, Funk's overdone flickering eyelashes
initiated the sequence of silly performances to come.
Once the music began, the statuesque diva came to life. Funk, our
former tree, pranced along the stage, translating last year's erratic
side-of-the-field kicking and dancing to the sensual display of his
(fantastic!) "tits and ass" to the song, "Dance Ten Looks Three"
from A Chorus Line.
Choosing a song that glorifies proclamation can easily veer into the gender essentialism that can
make drag easily and clearly problematic. These are features
commodified by our heteropatriarchal world and men subject
women to unwanted attention and violence over their looks
everyday.
So a man singing a song about the glory of one's breasts and ass
might ignore the darker parts of living as a womannot just
performing one on the stage (this is similar to the ways
appropriative costuming glorifies aspects of a minority,
http://stanfordartsreview.com/anal-flora/ 12/16/2015
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
6565
of of
101
1
underrepresented, and often abused culture without addressing

inequalities).
Yet in the context of the queerness of the evening, the
proclamation of having tits and ass felt less like a reduction of
femininity to these assets than a satisfaction of one's desire to
perform and be read as femme.
For example, earlier in the evening, Britney told Silk Worm, who
fumbled through some introductions, that those intros were "as
smooth as your cheeks." Silk Worm replied, "Gender dysphoria
isn't funny."
Not all of the female-impersonating drag performers were
transfemme, but that option and awareness of trans identity is
precisely the context that drag must provide if it wants to avoid
blatant sexism. The entire atmosphere of the evening
acknowledged that gender was fluid. These performances on stage
were no different than the leggings and skirts or suits that people
designated-male-at-birth wore in the crowd; we were all
performing gender.
And none of us were attempting to essentialize what our genders
meant. Funk's performance did not reduce femininity to breasts
and ass. Instead, the choice of song was particularly nuanced
since it tapped into the desire to be appreciated for who one is.
http://stanfordartsreviewcomianal-flora/ 12/16/2015
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
6666
ofof
101
In the musical, the character who sings this song was once rated a
10 for dancing, but for looks, a 3. She takes that into her own
hands by paying for plastic surgery. As unfair as this fact is, her
cosmetically-altered new look allows her worth as a dancer to be
realized. This resonated with comments my trans femme friends
make, namely that they feel safest and get misgendered least
when they present hard femme.
This performance was drag done right, translating a role for a
woman dancer to something that spoke to gender and
performance more broadlywhether such a statement was
intentional or not.
A German spiritual awakening

"I need to piss," said Liesel von Tramp, the creation of
froshperson :rake Conant. "I can feel my balls in my abdomen."
These were the only words the character uttered on stage. As
someone who occasionally wears tight femme clothes, I can
understand the sentiment. As part of the performance, I'm not
sure what that means, but it's bold.
The performance paired a rhyming, evangelist derailing against
celebrity culture with a German-language version of "My Heart
http://stanfordartsreviewcona/anal-flora/ 12/16/2015
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
6767
ofof
101
Queens, Queers and Anal Flora I Stanford Arts Review
Page 8 of 14
Will Go On"again, I'm not sure what it means, but, again, it's
bold.
I'd love to see a full set to see what other ideas emerge. Were we
supposed to ridicule the televangelist? Or is it about the objective
silliness of the German language?
But I loved it as it was. The lip-syncing was near-perfect as the
televangelist, bubble-gum chewing voice. Though I'm sure the
religious talk was once given seriously, having these words
emerge from the mouth of a laced-up drag queen had the crowd
and myself hooting. And confused, but that dissonance is fine.
And then some drag kings!

A. group of three drag kings appeared on stage following an
illustrious introduction highlighting their world tours and past
discography. It felt like SNL's Garth and Kit singing skits, except
you kept anticipating the performance to get good. They coughed
into each other's mouths, pecked each other on the lips, and began
pacing along the stage singing nonsensical noises.
Because my life is so queer, instead of laughing along, I was
thinking about how no one batted an eye that one of the singers
had his own beard while the other two performers had to paint
http://stanfordartsreview.com/anal-floral 12/16/2015
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
6868
of of
101
theirs on. The performance was hilarious, don't get me wrong, but
my mind kept thinking about the ways in which drag can and
should be co-opted by people of all genders to express any
gender, even if they align.
There is more to drag than deviation and subversion. The best
drag challenges and over performs any gender expression. So cismen playing men in drag? I'm absolutely here for it.
Reimagining campfire songs

Perched on a small chair, Mariah Oxley warned the audience that
her song about start-up culture "is funnier if you knew the grade I
got in CS 105." In a room of people who went out on a Thursday
night during Week 6, jokes about CS majors were bound to stick,
so the braver performance was her first song about the timeless
ballad topic, pink eye.
Even though she was not dressed in drag, her ode to farting on
faces, pillows, and the bloody revenge-killing her infected eye
inspired was of the same off-the-wall but on-the-mark matter that
makes up the best campy drag.
Because of this tone, it wasn't strange that a straight person sang
to a crowd dressed in various forms of drag themselves. The
http://stanfordartsrevieweornianal-flord 12/16/2015
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
6969
ofof
101
silliness resonated with the crowd who joined in the

choruscheerfully lamenting, "oh my pink eye" which, you
know, happened to rhyme also with "dead guy."
In which I died from fear and laughter

Heart-poundingly nerve-wracking, the best performance of the
night was Silk Worm and Britney Smearz' comedic union of callthe-babysitter horror films (the trope has its own Wikipedia page)
and Adele. Now, I have a lot of thoughts on Adele (read my
review of her newest single, "Hello") so me not railing against the
splicing up of her song means it had to have been done really
well. And it really was.
Adele's uttered "hellos" alternated with the voice of a home
intruder warning the babysitter "to check the kids." While
juxtaposing these two phone-wielders is simply hilarious on its
own since we all know Adele is an angel, the crazy swaying of
the caller, Britney, and the horrified faces of the mime-like Silk
Worm as baby sitter are what carried the performance.
Everything was exaggerated. The genius of the premise is that it's
fully-realized from the tiniest details the thick makeup is
metonymic for the thick, palpable fear Silk Worm manifests on
the stage for us. Form and content are perfectly in unison here.
http://stanfordartsreviewcom/anal-flora/ 12/16/2015
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
7070
of of
101
This performance spoke more to camp than any academic treatise

ever could. It left me with an understanding of how complicated
this aesthetic is since it emerges somewhere between the fake and
the real and ultimately demands the paradoxical: a professional
control of amateurism.
Finale
Of course, just as the performance was ending and the cast was
celebrating and everyone's considering getting more beer and
dancing and getting ready to leave, suddenly the performers'
celebratory conga line became a human centipede.
Of course.
Because, after all, this is Anal Flora and it would be nothing
without the queer, the sexual, and the abject. And what a perfect
visual representation of the night than people crawling on all
fours, face in each other's asses, centipeding around the room to a
stunned crowd. Pink eye, fluids, eating people outno one was
ready for it but that's exactly what we came for, isn't it?
Share c4
Tweet
http://stanfordartsreview,comianal-flora/ 12/16/2015
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
7171
ofof
101
Queens, Queers and Anal Flora I Stanford Arts Review
Page 12 of 14
Alex Zivkovie (
County and all that this former life entailed. When he's not staring
at art, he's probably writing poetry/essays/manifestos about art.
Or, ya know, mobilizing his queer agenda and thinking 'bout balkan diasporas inside
his palace of books.
YOU MAY ALSO LIKE
Festival Standing in Playtime

Empire the Flames with the
Bacchae
I just met a
girl named
Speak These
Words: A
Video
http://stanfordartsreview.com/anal-flora/ 12/16/2015
Case 5:16-cv-01336
03/18/16
72 72
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Case 5:16-cv-01336 Document 1-1 Filed 03/18/16 Page 73 of 101
Case 5:16-cv-01336
03/18/16
74 74
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
7575
ofof
101
0M13 No 1545-0047
Form 990
2013
Return of Organization Exempt From Income Tax

Under section 501(c), 527, or 4941(a)(1) of the Internal Revenue Code (except private foundations)
1
I.
Department of the Treasury

Internal Revenue Service
, 2013, and ending 3/31
A For the 2013 calendar year, or tax year beginning 4/01
D Employer Identification Number
B Cheek if applicable
Address change
Name change
Initial return
Teri-mated
77-0297443
ALPHA EPSILON ALUMNI ASSOC. OF THETA CHI

C/O MADELEINE DOUGLAS
1160 MISSION STREET #1505
SAN FRANCISCO, CA 94103
E Telephone number
Amended return
Application pending
G Gross receipts
11(a) Is this a group return for subordinates
F Name and address of pnncipal officer
SAME AS C ABOVE
Tax-exempt status
4947(a)(1) or
I501(c)(3) 1)(1501(c) ( 7 (insert no)
527
Website: 0- N/A
N(b) Are all subordinates included

If 'No,' attach a hst (see instructions)
li(c) Group exemption number
Form of organizabon 1X1Corporation I I Trust
Association
Other
ill'AVAlig,93
I Briefly describe the organization's mission or most significant activities
0
0
c
r
0
0
'
,o
tu
l'>
tr=
cl
net assets
3
4
5
6
2 Check this box 1

3 Number of voting Mgmbers of the governing body (Part VI, line la)
4 Number of independent voting members of the governing body (Part VI, line 1b)
5 Total number of individuals employed in calendar year 2013 (Part V, line 2a)
6 Total number of volunteers (estimate if necessary)
7 a Total unrelated business revenue from Part VIII, column (C), line 12
b Net unrelated business taxable income from Form 990-T, line 34
13 Grants and similar amounts paid ( VG b.in (

14 Benefits paid to or for members (Part I , (it I. line Aff ,--,-/
A
0.
0.
lb
Current Year
-1,048,514.
O.
-1,048,514.
4i
0 15 Salaries, other compensation, employee bene sZtIrt):

16a Professional fundraising fees (Part IX, column (A),
C
cu
b Total fundraising expenses (Part IX, column (D), line 25)
til>
17 Other expenses (Part IX, column (A), lines ha-lid, 1if-24e)
18 Total expenses Add lines 13-17 (must equal Part IX, column (A), line 25)
19 Revenue less expenses. Subtract line 18 from line 12
3,'
!tek TI
151,868.
151,868.
-1,200,382.
5F,
:c
:i.
0
0
7a
Prior Year
8 Contributions and grants (Part VIII, line 1
s,
9 Program service revenue (Part VI II, line
2
0
t VIII I e 3
>
ttPl
tu 0 1 Investment
income (Part column fs4/ns ,
cc
11 Other revenue (Part VIII, column (A)
12 Total revenue add lines 8 throug 11 st eqtia,Part VIII, n (A), line 12)
14,280.
14,280.
-14,280.
End of Year
Beginning of Current Year
620,275.
20 Total assets (Part X, line 16)

21 Total liabilities (Part X, line 26) ,
t 22 Net assets or fund balances Subtract line 21 from line 20
605,995.
0.
0.
620,275.
605,995.
rp; Signature Block

Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and
complete Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge
III tiqiiq
Sign
Here
Date
i t
MADELEINE DOUGLAS
CFO
Type or print name and title

Print/Type preparers name epe e nature
-7
JM4ES W. NEWELL If S NEWEL

Paid
Preparer Firm's name VAVRINEK, INE, DAY & CO . , LP
Use Only Firm's address 260 SHERIDAN AVE., SUITE 440
PALO ALTO, CA 94306
May the IRS discuss this return with the preparer shown above? (see instructions)
BAA For Paperwork Reduction Act Notice, see the separate instructions,
ate
irMir
Check
PTIN
selfemployed
PO0049550
Firm's EIN 95-2648289
Pho
X Yes I No
TEEA0113I. 11/08/13 Form 990 (2013)
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page
101
Case5:16-cv-01336
1-1 Filed
7676
ofof
101
77-0297443 Page 2
Form 990 (2013) ALPHA EPSILON ALUMNI ASSOC. OF THETA CHI
10
Check if Schedule 0 contains a response or note to any tine in this Part 111
1 Briefly describe the organization's mission.
ALUMNI ASSOCIATION
2 Did the organization undertake any significant program services during the year which were not listed on the prior
Form 990 or 990-EZ
If 'Yes,' describe these new services on Schedule 0
3 Did the organization cease conducting, or make significant changes in how it conducts, any program services?
If 'Yes,' describe these changes on Schedule 0
Yes X No
Yes X No
4 Describe the organization's program service accomplishments for each of its three largest program services, as measured by expenses
Section 501(c)(3) and 501(c)(4) organizations and section 4947(a)(1) trusts are required to report the amount of grants and allocations to
others, the total expenses, and revenue, if any, for each program service reported
) (Revenue
4 a (Code' ) (Expenses 114, 2 8 0 Including grants of
MAINTAINS AN ALUMNI ASSOCIATION
4 b (Code' ) (Expenses
Including grants of ) (Revenue
4 c (Code' ) (Expenses
including grants of ) (Revenue
4 d Other program services (Describe in Schedule 0)

(Expenses including grants of
) (Revenue
4 e Total program service expenses I

BAA MEMO?! 07/02113
Form 990 (2013)
Case
Filed 03/18/16
03/18/16 Page
Page77
77ofof101
101
Case5:16-cv-01336
Document 1-1
1-1 Filed
77-0297443
Page 3
'IMAM Checklist of Required Schedules

Yes
1 Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)?f 'Yes,' complete
Schedule A
2 Is the organization required to completeSchedule B, Schedule of Contributors (see instructions)?
3 Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates
for public office" If 'Yes,' complete Schedule C, Part I
4 Section 501(cX3)organizationsDid the organization engage in lobbying activities, or have a section 501(h) election
in effect during the tax year? If 'Yes,' complete Schedule C, Part
5 Is the organization a section 501(c)(4), 501(c)(5), or 501(c)(6) organization that receives membership dues,
assessments, or similar amounts as defined in Revenue Procedure 98-19
6 Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the right
to provide advice on the distribution or investment of amounts in such funds or accounts
Part
7 Did the organization receive or hold a conservation easement, including easements to preserve open space, the
environment, historic land areas, or historic structures? If 'Yes,' complete Schedule D, Part
8 Did the organization maintain collections of works of art, historical treasures, or other similar assets'if 'Yes,'
complete Schedule D, Part III
9 Did the organization report an amount in Part X, line 21, for escrow or custodial account liability, serve as a custodian
for amounts not listed in Part X; or provide credit counseling, debt management, credit repair, or debt negotiation
services' If 'Yes,' complete Schedule D, Part IV
10 Did the organization, directly or through a related organization, hold assets in temporarily restricted endowments,
permanent endowments, or quasi-endowments? If 'Yes,' complete Schedule D, Part V
11 If the organization's answer to any of the following questions is 'Yes', then complete Schedule D, Parts VI, VII, VIII, IX,
or X as applicable
CtiO
11 a
b Did the organization report an amount for investments other securities in Part X, line 12 that is 5% or more of its total
assets reported in Part X, line 16? If 'Yes,' complete Schedule D, Part VII
11 b
c Did the organization report an amount for investments program related in Part X, line 13 that is 5% or more of its total
assets reported in Part X, line 16
lic
d Did the organization report an amount for other assets in Part X, line 15 that is 5% or more of Its total assets reported
in Part X, line 16" If 'Yes,' complete Schedule D, Part IX
lid
e Did the organization report an amount for other liabilities in Part X, line 25
11 e
12a Did the organization obtain separate, independent audited financial statements for the tax year7f 'Yes,' complete
Schedule D, Parts XI, and XII
b Was the organization included in consolidated, independent audited financial statements for the tax year3f 'Yes,' and
if the organization answered 'No' to line 12a, then completing Schedule D, Parts Xi and XII is optional
13 Is the organization a school described in section 170(b)(1)(A)(o)'if 'Yes,' complete Schedule E
14a Did the organization maintain an office, employees, or agents outside of the United States'
b Did the organization have aggregate revenues or expenses of more than $10,000 from grantrnaking, fundraising,
business, investment, and program service activities outside the United States, or aggregate foreign investments valued
at $100,000 or more" If 'Yes,' complete Schedule F, Parts land IV
lit
12a
12b
13
14a
14b
15 Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or other assistance to or for any
foreign organization? If 'Yes, 'complete Schedule F, Parts II and IV
15
1 G Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or other assistance to
or for foreign individuals" If 'Yes,' complete Schedule F, Parts and IV
16
Did the organization report a total of more than $15,000 of expenses for professional fundraising services on Part IX,
column (A), lines 6 and lie? If 'Yes,' complete Schedule G, Part I (see instructions)
1 8 Did the organization report more than $15,000 total of fundraising event gross income and contributions on Part VIII,
lines lc and 8a
1
Did the organization report more than $15,000 of gross income from gaming activities on Part VIII, line 9a3f 'Yes,'
complete Schedule G, Fart III
20 a Did the organization operate one or t nore hospital facilities
17
18
19
20
b If 'Yes' to line 20a, did the organization attach a copy of its audited financial statements to this return"
BAA
a Did the organization report an amount for land, buildings and equipment in Part X, line 10
D, Part VI
Did the organization's separate or consolidated financial statements for the tax year include a footnote that addresses
the organization's liability for uncertain tax positions under FIN 48 (ASC 740)?if 'Yes, ' complete Schedule D, Part X
No
TEEA0103L 11108/13
20b
Form 990 (2013)
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page7878ofof101
101
Case5:16-cv-01336
1-1 Filed
77-0297443
Page 4
iVaillStlthecklist of Required Schedules (continued)

Yes No
21 Did the organization report more than $5,000 of grants or other assistance to any domestic organizations or
government on Part IX, column (A), line 1? If 'Yes,' complete Schedule I, Parts I and II
21
22 Did the organization report more than $5,000 of grants or other assistance to individuals in the United States on Part
IX, column (A), line 2? If 'Yes,' complete Schedule I, Parts I and
22
23 Did the organization answer 'Yes' to Part VII, Section A, line 3, 4, or 5 about compensation of the organization's current
and former officers, directors, trustees, key employees, and highest compensated employees? If 'Yes,' complete
Schedule _I
23
24a Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of
the last day of the year, that was issued after December 31, 2002?tf 'Yes,' answer lines 24t) through 24d and
complete Schedule K If 'No. 'go to line 25a
b Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception?
24a
24b
c Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease
any tax-exempt bonds?
d Did the organization act as an 'on behalf of' issuer for bonds outstanding at any time during the year?
25a Section 501(cX3) and 501(cX4) organizationsDid the organization engage in an excess benefit transaction with a
disqualified person during the year? If 'Yes,' complete Schedule L, Part
b Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior year, and
that the transaction has not been reported on any of the organization's prior Forms 990 or 990-EZ3f 'Yes,' complete
Schedule L, Part
26 Did the organization report any amount on Part X, line 5, 6, or 22 for receivables from or payables to any current or
former officers, directors, trustees, key employees, highest compensated employees, or disqualified persons?
If so, complete Schedule L, Part
27 Did the organization provide a grant or other assistance to an officer, director, trustee, key employee, substantial
contributor or employee thereof, a grant selection committee member, or to a 35% controlled entity or family member
of any of these persons? If 'Yes,' complete Schedule L, Part III
28 Was the organization a party to a business transaction with one of the following parties (see Schedule L, Part IV
instructions for applicable filing thresholds, conditions, and exceptions):
a A current or former officer, director, trustee, or key ernployee? If 'Yes,' complete Schedule L, Part IV
24c
24d
25a
25b
26
27
_q4;14
71K7
28a
28b
c An entity of which a current or former officer, director, trustee, or key employee (or a family member thereof) was an
officer, director, trustee, or direct or indirect owner? If 'Yes,' complete Schedule L, Part IV
29 Did the organization receive more than $25,000 in non-cash contributions?ff 'Yes,' complete Schedule M
28c
29
X
X
30 Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation
contributions? If 'Yes,' complete Schedule M
31 Did the organization liquidate, terminate, or dissolve and cease operations?if 'Yes,' complete Schedule N, Part I
30
31
X
X
32 Did the organization sell, exchange, dispose of, or transfer more than 25% of its net assets?if 'Yes,' complete
Schedule N, Part
32
33 Did the organization own 100% of an entity disregarded as separate from the organization under Regulations sections
301 7701-2 and 301 7701-3? If 'Yes,' complete Schedule R, Part I
33
34 Was the organization related to any tax-exempt or taxable entity?if 'Yes,' complete Schedule R, Parts II, Ill, IV,
and V, line 1
35a Did the organization have a controlled entity within the meaning of section 512(b)(13)?
34
35a
X
X
b A family member of a current or former officer, director, trustee, or key employee?if 'Yes,' complete
Schedule L, Part IV
b If 'Yes' to line 35a, did the organization receive any payment from or engage in any transaction with a controlled
entity within the meaning of section 512(b)(13)
35b
36 Section 501(cX3) organizationsad the organization make any transfers to an exempt non-charitable related
organization? If 'Yes,' complete Schedule R, Part V. line 2
36
37 Did the organization conduct more than 5% of its activities through an entity that is not a related organization and that is
treated as a partnership for federal income tax purposes? If 'Yes,' complete Schedule R, Part VI
37
38
38 Did the organization complete Schedule 0 and provide explanations in Schedule 0 for Part VI, lines 1 lb and 19?
Note, All Form 990 filers are required to complete Schedule 0
13AA
TEEM
Form 990 (2013)
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page7979ofof101
101
Case5:16-cv-01336
1-1 Filed
77
Page 5
tW-1 Statements Regarding Other IRS Filings and Tax Compliance

Check if Schedule 0 contains a response or note to any line in this Part V
1 a Enter the number reported in Box 3 of Form 1096 Enter -0- if not applicable
b Enter the number of Forms W-2G included in line la. Enter -0- if not applicable
1a
c Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming
(gambling) winnings to prize winners?
2a Enter the number of employees reported on Form W-3, Transmittal of Wage and Tax Statements, Ned for the calendar year ending with or within the year covered by this return
1
b If at least one is reported on line 2a, did the organization file all required federal employment tax returns?
Note. If the sum of lines la and 2a is greater than 250, you may be required tce-tile (see instructions)
3 a Did the organization have unrelated business gross income of $1,000 or more during the year?
b If 'Yes has it filed a Form 990-T for this yearn/ 'No' to line 3b, provide an explanation in Schedule 0
3aX
4 a At any time during the calendar year, did the organization have an interest in, or a signature or other authority over, a
financial account in a foreign country (such as a bank account, securities account, or other financial account)?
b If 'Yes,' enter the name of the foreign country P.See instructions for filing requirements for Form TD F 90-22,1, Report of Foreign Bank and Financial Accounts
5 a Was the organization a party to a prohibited tax shelter transaction at any time during the tax year?
b Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction?
c If 'Yes,' to line 5a or 5b, did the organization file Form 8886-T?
6 a Does the organization have annual gross receipts that are normally greater than $100,000, and did the organization
solicit any contributions that were not tax deductible as charitable contributions?
b If 'Yes,' did the organization include with every solicitation an express statement that such contributions or gifts were
not tax deductible?
7 Organizations that may receive deductible contributions under section 170(c).
a Did the organization receive a payment in excess of $75 made partly as a contribution and partly for goods and
services provided to the payor?
b If 'Yes,' did the organization notify the donor of the value of the goods or services provided?
c Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to file
Form 8282?
d If 'Yes,' indicate the number of Forms 8282 filed during the year 7
e Did the organization receive any funds, directly or indirectly, to pay premiums on a personal benefit contract?
f Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract?
g If the organization received a contribution of qualified intellectual property, did the organization file Form 8899
as required?
h If the organization received a contribution of cars, boats, airplanes, or other vehicles, did the organization file a
Form 1098-C?
B Sponsoring organizations maintaining donor advised funds and section 509(aX3) supporting organizatioriltd the
supporting organization, or a donor advised fund maintained by a sponsoring organization, have excess business
holdings at any time during the year?
9 Sponsoring organizations maintaining donor advised funds.
a Did the organization make any taxable distributions under section 4966?
b Did the organization make a distribution to a donor, donor advisor, or related person?
10 Section 501(cX7) oruanizationsEnter
10 a
a Initiation fees and capital contributions included on Part VIII, line 12
b Gross receipts, included on Form 990, Part VIII, line 12, for public use of club facilities 10 b
11 Section 501(cX12) organizationsEnter:
a Gross income from members or shareholders
11 a
b Gross income from other sources (Do not net amounts due or paid to other sources
1
against amounts due or received from them )
12a Section 4947(aX1) non-exempt charitable trusts's the organization filing Form 990 in lieu of Form 1041?
b If 'Yes,' enter the amount of tax
13 Section 501(cX29) qualified nonprofit health insurance issuers.
a Is the organization licensed to issue qualified health plans in more than one state?
Note. See the instructions for additional information the organization must report on Schedule 0
b Enter the amount of reserves the organization is required to maintain by the states in
13b
which the organization is licensed to issue qualified health plans
c Enter the amount of reserves on hand 1_13c
14 a Did the organization receive any payments for indoor tanning services miring the tax year?
b If 'Yes,' has it filed a Form 720 to report these payments?if 'No,' provide an explanation in Schedule 0
BAA IEEA0105L. 07102/13
_11*i !?;',A
7e
7h
8
9a
9b
Wgr2i:;-!'d
tP ;:Li:
132
,
14 a
14 b
Form 990 (2013)
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page8080ofof101
101
Case5:16-cv-01336
1-1 Filed
Form 990 (2013) ALPHA EPSILON ALUMNI ASSOC OF THETA CHI 77-0297443 Page 6
a 'No' response to line 8a, 8b, or 10b below, describe the circumstances, processes, or changes in
Schedule a See instructions.
Check if Schedule 0 contains a response or note to any line in this Part VI
Section A. Governing Body and Management

No
Yes
1 a Enter the number of voting members of the governing body at the end of the tax year 1 a
If there are material differences in voting rights among members
of the governing body, or if the governing body delegated broad
authority to an executive committee or similar committee, explain in Schedule a
b Enter the number of voting members included in line la, above, who are independent 1 b
2 Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other
officer, director, trustee or key employee?
3 Did the organization delegate control over management duties customarily performed by or under the direct supervision
of officers, directors or trustees, or key employees to a management company or other person?
4 Did the organization make any significant changes to its governing documents
since the prior Form 990 was filed?
5 Did the organization become aware during the year of a significant diversion of the organization's assets?
6 Did the organization have members or stockholders?
7 a Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or more
members of the governing body?
',,-- 4
Z2
3
4
5
6
7a
b Are any governance decisions of the organization reserved to (or subject to approval by) members,
stockholders, or other persons other than the governing body?
8 Did the organization contemporaneously document the meetings held or written actions undertaken during the year by
the following
a The governing body?
b Each committee with authority to act on behalf of the governing body?
9 Is there any officer, director, trustee, or key employee listed In Part VII, Section A, who cannot be reached at the
organization's mailing address' If 'Yes,' provide the names and addresses tn Schedule 0
4.te
Section B. Policies (This Section B requests information about policies not required by the Internal Revenue Code
Yes
1 0 a Did the organization have local chapters, branches, or affiliates?
b If 'Yes,' did the organization have written policies and procedures governing the activities of such chapters, affiliates, and branches to ensure their
operations are consistent with the organization's exempt purposes?
11 a Has the organization provided a complete copy of this Form 990 to all members of its governing body before filing the form
b Describe in Schedule 0 the process, if any, used by the organization to review this Form 990
SEE SCHEDULE 0
12a Did the organization have a written conflict of interest policy?if 'No,' go to line 13
b Were officers, directors, or trustees, and key employees required to disclose annually interests that could give rise
to conflicts'?
c Did the organization regularly and consistently monitor and enforce compliance with the policy?If 'Yes,' describe in
Schedule 0 how this was done
13 Did the organization have a written whistieblower policy?
14 Did the organization have a written document retention and destruction policy?
15 Did the process for determining compensation of the following persons include a review and approval by independent
persons, comparability data, and contemporaneous substantiation of the deliberation and decision?
a The organization's CEO, Executive Director, or top management official.
b Other officers of key employees of the organization
If 'Yes' to line 15a or 15b, describe the process in Schedule 0 (See instructions)
No
X
10a
10 b
11 a
12a
12 b
12c
13
14
15a
15b
P.a7
j
16 a Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a
taxable entity during the year?
16a
b If 'Yes,' did the organization follow a written policy or procedure requiring the organization to evaluate its
participation in joint venture arrangements under applicable federal tax law, and taken steps to safeguard the
organization's exempt status with respect to such arrangements?
16b
i
X
Section C. Disclosure
17 List the states with which a copy of this Form 990 is required to be file&
NONE
18 Section 6104 requires an organization to make its Forms 1023 (or 1024 if applicable), 990, and 990-I (501(c)(3)s only) available for public
inspection, Indicate how you make these available Check all that apply
r
Other (explain in Schedule 0)
Own we
LI
19 Describe in Schedule 0 whether (and if so, how) the organization maims its governing documents, conflict of interest policy, and financial statements available to
the public during the tax year SEE SCHEDULE 0
20
IADELEINE DOUGLAS 1150 MISSION STREET 41505 SAN FRANCISCO CA 94103

BAA TEE/1010E 07/02/13
Form 990 (2013)
Case
Filed03/18/16
03/18/16 Page
Page8181ofof101
101
Case5:16-cv-01336
Document 1-1
1-1 Filed
Form 990 (2013) ALPHA EPSILON ALUMNI ASSOC. OF THETA CHI 77-0297443 Page 7
Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and
Independent Contractors
Check if Schedule 0 contains a response or note to any line in this Part VEI
Section A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees
1 a Complete this table for all persons required to be listed Report compensation for the calendar year ending with or within the
organizations tax year
List all of the organization'scurrent officers, directors, trustees (whether individuals or organizations), regardless of amount of
compensation. Enter -0- in columns (D), (E), and (F) if no compensation was paid.
List all of the organization'scurrent key employees, if any See instructions for definition of 'key employee'
List the organizations five current highest compensated employees (other than an officer, director, trustee, or key employee)
who received reportable compensation (Box 5 of Form W-2 and/or Box 7 of Form 1099-MISC) of more than $100,000 from the
organization and any related organizations
List all of the organization'sformer officers, key employees, and highest compensated employees who received more than $100,000
of reportable compensation from the organization and any related organizations
List all of the organization'sformer directors or trusteesthat received, in the capacity as a former director or trustee of the
organization, more than $10,000 of reportable compensation from the organization and any related organizations
List persons in the following order individual trustees or directors; institutional trustees, officers; key employees; highest compensated
employees, and former such persons
Check this box if neither the organization nor any related organization compensated any current officer, director, or trustee
(C)
(A)
Name and Tide
(1 ) ABEL ALLISON
PRESIDENT
(
VICE PRESIDENT
(
CEO
(B)
Average
hours pier
week (list
any hours
for related
orgarazabons
below
dotted
!me)
Position (do not check more than

one box, unless person is both an
officer and a d rector/trustee)
-9 2,7
i'a- CD ck_
2o -c
--, -
,.--a. -c'
o
s<
m
1,,
*.
tz,
2
1
E
.
(r
2
cs
s<
ra X
t
e
s
ro.
.
,B
iv
-T1
a'
(D)
(E)
Reportable
compensation from
the organizabon
(W-2/1099M1SC)
Reportable
compensation from
related organizabons
(N-211099-MtSC)
---,
1-,
(F)
Esbmated
amount of other
compensation
from the
orga niza bon
and related
Itions
organza
0.
0.
0.
0
J.
0
0.
0.
0.
0.
0.
0.
(4)
(
(
(
(
(
(10)
(11)
(12)
(13)
(14)
BAA
TEEA0107t. 07/08/13
Form 990 (2013)
Case
Document 1-1
Filed03/18/16
03/18/16Page
Page8282ofof101
101
Case5:16-cv-01336
1-1 Filed
Form 990 (2013) ALPHA EPSILON ALUMNI ASSOC. OF THETA CHI 77-0297443 Page 8
>1?'art117,11,' Section A. Officers Directors, Trustees, Key Employees, and Highest Compensated Emp o ees (continued)
(B)
(A)
Name and title
Average
hours
per
week
first any
hours
for
related
organiza
bons
below
dotted
line)
(C)
Position
(do not check more than one
bon unless person s both an
officer and a directoribustee)
, x --ri
9, a
..
(p_. ,,
'., ,
a_9-- a
c
',-- S E CP
co %c, 0 Rm
m CLc
c.a
94
m
cz, --' r3
,<,, !'-L
2, cam o
Ra
,,.
,<
a
2
o
co rn
,
,c
Ei
c,
a ,,-, c,
n ff
(D)
(E)
(F)
Reportable
compensa bon from
the organization
Reportable
compensation from
related organaabons
(W-2/10994dISC)
Esbmated
amount of other
compensabon
from the
organization
and related
organizations
(5
(15)
(16)
(17)
(1B)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
1 b Sub-total. 11.0.
0.
Yo
c Total from continuation sheets to Part VII, Section A
0.
0.
ip0.
0.
d Total (add lines lb and 1 c)
2 Total number of individuals (Including but not limited to those listed above) who received more than $100,000 of reportable compensation
from the organization *- 0
0.
0.
0.
Yes
Ve
3
3 Did the organization list anyformer officer, director, or trustee, key employee, or highest compensated employee
on line la? If 'Yes,' complete Schedule J for such individual
4 For any individual listed on line la, is the sum of reportable compensation and other compensation from
the organization and related organizations greater than $150,0007/f 'Yes' complete Schedule J for
such individual
4
--
S Did any person listed on line la receive or accrue compensation from any unrelated organization or individual
for services rendered to the organization? If 'Yes, complete Schedule _I for such person
No
V
X
rr
Section B. Independent Contractors

1 Complete this table for your five highest compensated independent contractors that received more than $100,000 of
compensation from the organization Report compensation for the calendar year ending with or within the or anization's tax year
(A)
(B)
(C)
Name and business address
Description of services
Compensation
2 Total number of independent contractors (including but not limited to those listed above) who received more than
0
$100,000 of compensation from the organizationl'
BAA
MEMO& 1 tit 1/13
_
.-
,r,
Form 990 (2013)
Case 5:16-cv-01336
03/18/16
83 83
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
77
Page 9
PWiVJIU Statement of Revenue

Check if Schedule 0 contains a response or note to any line in this Fart vim
, .e:51
'''- .,,....5
-,- ','c ..,
(B)
()A
s.--17,4!..-, - - -, - ;:areg -'1 ,e:Related or
Total revenue
;SZal*_,1
--t '-.('''' ' :5:* --,'
exempt
-,..',1-,..
- -
function
4.7.
' ,-, -,,- ,, , ...... - , , Al , V
L.,revenue
..
' - ' -."
' 4- - : ,.
kr 41
, k
1
a
k
--t
fr,,.1,...p..4
1 a Federated campaigns
0
u)
= Ilb
- - -;0,:-ij
.cc
b Membership dues
.... -::''. -00
''
1c
C Fundraising events
M
-t: -1,4 -1 7
oc <
- t:1;.cfds
5x
t tx
d Relate organization
a- -
toM
=
o ,7,
1--..
=
8<
5.5.5
Inc
tAJI
-,,,:,--,,-- '- 01,

,, ,,, 54;
,,,,-- ,,: ,
1- ,!
;' ' , , - - '- .-5''.--,:' '- -
,-,.:,..-,-----. , _.
. ' 1 ' .'
',Yr,
-4
--,-,.i
--' '
- -A"Al
.
,,- ,,-_,:*,i54-,-'.
-1
,,,
k , ,,,,. S
'..?2,,.."4-;
..',W
Business Code r
- -:,,_,
,,t,,_
-- 4 *If ,,,,,
2a
b
e,=
>Lu
to
.
k
CJ
c"
,,
--'4:/14vir:-'1
---", - -4
v , _,
f All oother contributions, gifts, grants, and

11
similar amounts not included above
g Noncash contributions included a lines la-11' 8
h Total. Add lines la if 0-
i= Ili
nc
ai 1-
I"
e Government grants (contributions)
,.,,c.,
(D)
Revenue
excluded from tax
under sections
512-514
(C.)
Unrelated
business
revenue
d
e
I All other service
revenue
program
5:t
-.--'.:...-i;
,;:....,4 I ' , 1.7:-
g Total. Add lines 2a-2f 03 Investment income (Including dividends, interest and
other similar amounts) )4 Income from investment of tax-exempt bond proceeds. 05 Royalties -
'' t
(n) Personal
(t) Real
6 a Gross rents
b Less
c Rental income or (loss)
d Net rental income or (loss) 7 a Gross amount from sales of
assets other than inventory.
-it: -:,-;4,FAV,.
.1,
(u) Other
(1) Securities
,0. 4 .... :'

4 - -, ..:,,
5 ,,
.1,-6-
8 a Gross income from fundraising events

=
(not including $
La
of contributions reported on line 1c)
1.1
=
See Part IV, line 18 a
cc
400
=
b Less: direct expenses b
1cl
c Net income or (loss) from fundraising events
q
*1
11
E -4,---. t ," :II
F. rttig
,-..- _,,,i_t-e
i*'" 44."-Fr71". Alt

--, ,,4
,,y,
, 7 ,7
,'6_,15,.0.,-, ft _ ,-,-, ,
P',,t:E7
c , ;,' /Al, ,t'3-r
r
ft
Fr-,-.-0 - __ -
r,714,11--45%'4;,
'?, "- .-,;- eC X
,-'
V
-' *- fr'--,
ly;
,,5."
gt,w,,,,,,
r4, ,--,,! - - tt,

it' a .1,
1,..-1-q/
v4
,54,
0
, -4 T45.4-q_
, '-'''
C
',x.t-4 t
4 , ,:,,i -50-51
-'- -,. -' . , t '
', il,
., "ir'''''tV
- ?,.F
\'5.
- ,y_
,, .
-4,-,
11-1' ...
-*-4,
- 4-: ,
4- ',..4 , ' _ 7
'.' ' .-..,
4.'.. , .-1);
f,'
0-
I- , ..., , , 9
-- t. - ,,..4.!. ;. T i
.1--,
e q A..
-4.'-01.
.,.
f4.44-?,.kr- .-:-PY4.41 ,,, '''
- v c, -,:, -;,..
, vt...4....-tvs.!
', ...,0 . ,
L,_,2L,.;_'-1
it
%-.-,,,r,
,--, 5
iI'
5,1,14-4
1
, ,-,,
,
les *-
,' c, rz
nk.t'l 'S
:ILI' ,
v --
BUSirM55 Code
:,7-LV
,,14-
,,,,,,,
, , ils -
, L ,r. . ,... - ; '
t ,t,
,: 1
i,
.-
1,f 4 ,. _,.
-'. , ,- - 4
-e
'
10 a Gross sales of inventor, less returns

and allowances y a
b Less cost of goods sold b
c Net income or (loss) from sales of inventory *Miscellaneous Revenue
.,, , - - - - ,---
.p..,-,-,.-M
,0,
a M -,!-, ,
*A-5., *
b Less cost or other basis

andsales expenses
c Gain or (loss)
d Net gain or (loss)
9 a Gross income from gaming activities

See Part IV, line 19 a
b Less direct expenses b
c Net income or (loss) from gaming achy'
a'5, , r
1 S:
e,-,:,..11-,
11 a
b
c
d All other revenue
e Total. Add lines h
12 Total revenue.See instructions 0BAA
le ,, --!' ' .. .
--
----
0 0.
...., T
, ,-, ,
,- ' .*Y-
0.
0.
Pnrm qg 0 On I Si)
Case
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
101
Case 5:16-cv-01336
8484
of of
101
Form 990 (2013) ALPHA EPSILON ALUMNI ASSOC OF THETA CHI

itt
77-0297443 Page 10
Section 501(c)(3) and 501(c)(4) organizations must complete all columns All other organizations must complete column (A)
Check if Schedule 0 contains a response or note to any line in this Part IX
0
(A)
(C)
Do not Include amounts reported on lines
Total expenses
Program service
Management and
6b, 713, 8b, 9b, and lob of Part VIII.
expenses
general expenses
1 Grants and other assistance to governments
1.
7 ,,,-,-.
and organizations in the United States. See
Part IV, line 21
.. 4 --- ,k-"V Ft
2 Grants and other assistance to individuals in
the United States See Part IV, line 22
3 Grants and other assistance to governments,
organizations, and individuals outside the
United States See Part IV, lines 15 and 16
4 Benefits paid to or for members
5 Compensation of current officers, directors,
trustees, and key employees
G Compensation not included above, to
disqualified persons (as defined under
section 4958(0(1)) and persons described
in section 4958(c)(3)(B)
7 Other salaries and wages
;S ' -,
:,:'4
;;kg
',.7
.1'.--t
18 Payments of travel or entertainment

expenses for any federal, state, or local
public officials
19 Conferences, conventions, and meetings
20 Interest
a BANK CHARGES
!:' OTHER TAXES
c
.
-.A%-t:
.! ' , 1,VIZIt .-4
D;
a:-:7;1,d-x;:
'
' d'i
8 Pension plan accruals and contributions

(include section 401(k) and 403(b) employer
contributions)
9 Other employee benefits
10 Payroll taxes
11 Fees for services (non-employees).
a Management
b Legal
c Accounting .
d Lobbying
e Professional fundraising seivices See Part IV, line 17
f Investment management fees
g Other (If line llg amt exceeds 10% of line 25, column
(A) amount, list line llg expenses on Schedule 0)
12 Advertising and promotion
13 Office expenses
14 Information technology
15 Royalties
16 Occupancy
17 Travel
21 Payments to affiliates
22 Depreciation, depletion, and amortization
23 Insurance
24 Other expenses Itemize expenses not
covered above (List miscellaneous expenses
in line 24e. If line 24e amount exceeds 10%
of line 25, column (A) amount, list line 24e
expenses on Schedule 0 )
-6-
(
Fundraising
expenses
-I . v St
1 1.
--'- '
0.
0.
0.
0.
0.
0.
0.
0.
12,211.
1,294 .
12,211.
1,294 .
264.
264,
141.
141.
g - -.., -. , v '-..':',,(-- ?,e,r1-.

rx
, 1,, fr,r ' ,
.''''
-._ -- , iq
, - 4 ..-.
, ,_,-.., t ,-, ,,l-.....

,:
f
, Ilt, -i - , _ 4 6,
- ..etoNJ, ,.-_,,f, , C,-; )-4- t, '''' '' t''erAQ.1
i'.14a, ,- ... - ''' -4A ,.-
360.
10.
,.-, ,, -
--- Xt
e ,_, ,
,,,,h
',
F;0-
360.
10.
d
e All other expenses
25 Total functional expenses. Add lines 1 through 24e
26 Joint costs, Complete this line only if
the organization reported in column (B)
joint costs from a combined educational
campaign and fundraising solicitation
Check here ).- if following
SOP 98-2 (ASC 958-720)
BAA
14,280.
TEEA01101. 11M13/13
14,280.
0.
0.
Form 990 (2013)
Case
Filed03/18/16
03/18/16 Page
Page8585ofof101
101
Case5:16-cv-01336
Document 1-1
1-1 Filed
Form990(2013)ALPHAEPSILONALUMNIASSOC.OFTHETACHI
77-0297443
Page 11
LP:;3
Check if Schedule 0 contains a response or note to any line in this Part X
(A)
Beginning of year
E
T
s
L
i
A
B
1
L
I
T
I
s
g
T
s
o
R
33, 322.
372, 673.
200, 000.
5 Loans and other receivables from current and former

officers, directors,
Complete
trustees, key employees, and highest compensated employees
Part II of Schedule L
s
s
1
2
33, 322.
386, 953.
1 Cash non-interest-bearing
2 Savings and temporary cash investments
3 Pledges and grants receivable, net
4 Accounts receivable, net
(B)
End of year
s,
,.1_....,
(as defined under

6 Loans and other receivables from other disqualified persons
-section 4958(f)(1)), persons described in section 4958(c)(3)(B),
and contributing
4,,-ru J'fr.
employers and sponsoring organizations of section 501(c)(9)
voluntary employees'L'
Part
It
of
Schedule
L
beneficiary organizations (see instructions) Complete
.,
7 Notes and loans receivable, net
8 Inventories for sale or use
9 Prepaid expenses and deferred charges
1 0 a Land, buildings, and equipment cost or other basis

4 ,4
10 a
Complete Part VI of Schedule D
.,,-,,--, . , ,., .
10 b
b Less
11 Investments publicly traded securities
12 investments other securities. See Part IV, line 11
13 Investments program-related, See Part IV, line 11
14 Intangible assets
15 Other assets See Part IV, line 11
34).
16 Total assets.Add lines 1 through 15 (must equal line
620, 275 .
17 Accounts payable and accrued expenses
18 Grants payable
19 Deterred revenue
20 Tax-exempt bond liabilities
21 Escrow or custodial account liability. Complete Part IV of Schedule D
22 Loans and other payables to current and former officers, directors, trustees,
key employees, highest compensated employees, and disqualified persons.
Complete Part II of Schedule L
23 Secured mortgages and notes payable to unrelated third parties
24 Unsecured notes and loans payable to unrelated third parties
25 Other liabilities (including federal income tax, payables to related third parties,
and other liabilities not included on lines 17-24) Complete Part X of Schedule D
26 Total liabillties.Add lines 17 through 25
Organizations that follow SFAS 117 (ASC 958), check here
P4, 33 and 34,
lines 27 through 29, an lines
27 Unrestricted net assets
28 Temporarily restricted net assets
29 Permanently restricted net assets
Organizations that do not follow SFAS 117 (ASC 958), check here- Si
and complete lines 30 through 34.
6
30
Capital
stock or trust principal, or current funds
g
B 31 Paid-in or capital surplus, or land, building, or equipment fund
A
32 Retained earnings, endowment, accumulated income, or other funds
cE 33 Total net assets or fund balances
s 34 Total liabilities and net assets/fund balances
BAA
TEEA011 IL 07108113
200, 000.
.0-,_, ,- ''''
P.; ' y , ,... ',.,;--I , i
5
iir
.
',
,- '---'
- - ,- .
6
7
8
9
,, ,
clf,i - ....
p,-,,t,
, Alta!tri,-
10 c
11
12
13
14
15
16
17
18
19
20
21
605, 995.
- l61":13M: fl
, i ,,,, --,
L'..E,-2.,
22
23
24
()
--.-:
':4
,,v,A
- - ' '' ' 1
25
26
,4'
t- tt,-
IP'. ;-
1: 7\1
'-',',$.
27
28
29
- 1'
0.
,..4.1 A , ,, , ..,,-,
FS,,;
. 1,
v,,,a
r,
gi
It k
30
31
75
620, 275.
620, 275.
620, 275.
32
33
34
ty4
605, 995.
605, 995.
605, 995.
Form 990 (2013)
Case
Filed03/18/16
03/18/16 Page
Page8686ofof101
101
Case5:16-cv-01336
Document 1-1
1-1 Filed
Form 990 (2013) ALPHA EPSILON ALUMNI ASSOC. OF THETA CHI 77

IMMOReconciiiation of Net Assets
Check if Schedule 0 contains a response or note to any line in this Part
1 Total revenue (must equal Part VIII, column (A), line 12)
2 Total expenses (must equal Part IX, column (A), line 25)
3 Revenue less expenses Subtract line 2 from line 1
4 Net assets or fund balances at beginning of year (must equal Part X, line 33, column (A))
5 Net unrealized gains (losses) on investments
6 Donated services and use of facilities
1
3
4
5
O.
14,280.
-14,280.
620,275.
7 Investment expenses
8 Prior period adjustments
9 Other changes in net assets or fund balances (explain in Schedule 0)
10 Net assets or fund balances at end of year Combine lines 3 through 9 (must equal Part X, line 33,
column (8))
9
1
0
605,995
Scr-volg Financial Statements and Reporting

Check if Schedule 0 contains a response or note to any line in this Part XII
1 Accounting method used to prepare the Form 990. I( Cash EAccrual n Other
If the organization changed its method of accounting from a prior year or checked 'Other,' explain
in Schedule O.
2a Were the organization's financial statements compiled or reviewed by an independent accountant?
If 'Yes,' check a box below to indicate whether the financial statements for the year were compiled or reviewed on a
separate basis, consolidated basis, or both:
Both consolidated and separate basis
Separate basis Consolidated basis
b Were the organizations financial statements audited by an independent accountant?
If 'Yes,' check a box below to indicate whether the financial statements for the year were audited on a separate
basis, consolidated basis, or both
Separate basis Consolidated basis Both consolidated and separate basis
c If 'Yes' to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit,
review, or compilation of its financial statements and selection of an independent accountant?
If the organization changed either its oversight process or selection process during the tax year, explain
in Schedule 0
3 a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single
Audit Act and OMB Circular A-133
b If 'Yes,' did the organization undergo the required audit or audits? If the organization did not undergo the required audit
or audits, explain why in Schedule 0 and describe any steps taken to undergo such audits
BAA
TEEM 07/08/13
Form 990 (2013)
Case
Filed03/18/16
03/18/16 Page
Page8787ofof101
101
Case5:16-cv-01336
Document 1-1
1-1 Filed
SCHEDULE 0
(Form 990 ci

internal Revenue Service
OMB No 1545-0047
Supplemental Information to Form 990 or 990-EZ
2013
Complete to provide information for responses to specific questions on

Form 990 or 990-EZ or to provide any additional information.
b- Attach to Form 990 or 990-EZ.
Information about Schedule 0 (Fortn 990 or 990-EL) and its instructions is
-,; - "
PPerl
'
at wwwirs.gov/form990.
Name of the mgamzalmn ALPHA EPSILON ALUMNI ASSOC. OF THETA CHI

C/O MADELEINE DOUGLAS
Employer identification number
77-0297443
FORM 990, PART VI, LINE 11B - FORM 990 REVIEW PROCESS
NO REVIEW WAS OR WILL BE CONDUCTED.
FORM 990, PART VI, LINE 19 - OTHER ORGANIZATION DOCUMENTS PUBLICLY AVAILABLE
NO DOCUMENTS AVAILABLE TO THE PUBLIC.
BAA For Papenvork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.
TEEPAB011. 09/09/2013 Schedule 0 (Form 990 or 990-EZ) 2013
Case 5:16-cv-01336
03/18/16
88 88
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
(Thcpc
1 A-m/-111116 nnri IMPlit
1 -1 PiIprl
nqii 8/1
6
Case 5:16-cv-01336
Document
1-1
Filed
1 efile GRAPHIC print - DO NOT PROCESS I As Filed Data - I
Form990
Parip R989
of of
1111
4
03/18/16 DLN:
Page
101
34932250331351
OMB No 1545-0047
Return of Organization Exempt From income Tax
2014
Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private
foundations)
Do not enter social security numbers on this form as it may be made public
b.-Information about Form 990 and its instructions is at www.IRS.goviform990
Departmentofthe Treasury
Open to Public
Inspection
A For the 2014 calendar year, or tax year beginning 04-01-2014 and ending 03-31-2015
C Name of organization
ALPHA EPSILON ALUMNI ASSOC OF THETA CHI
CO MADELEINE DOUGLAS
B Check if applicable
n Address change
n Name change
D Employer identification number
77-0297443
Doing business as
n Initial return
Final
n return/terminated
Number and street (or P 0 box if mail is not delivered to street address)
1160 M SSION STREET
n Amended return
City or town, state or province, country, and ZIP or foreign postal code
SAD FRANCISCO, CA 94103
n Application pending
Name and address of principal officer
E Telephone number
Room/suite
G Gross receipts $ 21
H(a) Is this a group return for

subordinates? fi Yes F No
H(b) Are all subordinates r Yes R No
included?
If "No," attach a list (see instructions)
1 Tao-exempt status fl 501(0(3) J
Website: N/A
H(c) Group exemption number IP-
K Form of organriabon F Corporation n Trust n Association r Other 1
Part I Summary
1 Briefly describe the organization's mission or most significant activities
ALUMNI ASSOCIATION
w
w
sq
net assets
2 Check this box IP-1
c,
2
45
7
<
3 Number of voting members of the governing body (Part VI, line la)
4 Numer o
b independent
fd dt t b f thevoting
bd (Pt
members
VI le lb)of governing body (Part in
5 Total number of individuals employed in calendar year 2014 (Part V, line 2a)
6 Total number of volunteers (estimate if necessary)
6
7a
7a Total unrelated business revenue from Part VIII, column (C), line 12
Prior Year
2
E
oi
7b
b Net unrelated business taxable income from Form 990-T, line 34
Current Year
0
8 Contributions and grants (Part VII), line 1h)
9 Program service revenue (Part VIII, line 2g)
21
10 Investment income (Part VIII, column (A ), lines 3,4, and 7d ) . . .
11 Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, 10c, and 11e)
12 Total revenueadd lines 8 through 11 (must equal Part VIII, column (A), line
12)
13 Grants
w
--
14 Benefits
paid to or for members (Part IX, column (A), line 4)
19 Salaries,
5-10)
other compensation, employee benefits (Part IX, column (A), lines
16a Professional
th
b Total
fundraising fees (Part IX, column (A), line 11e)
fundraising expenses (Part IX, column (D), line 25)11
17 Other
expenses (Part IX, column (A), lines ha-lid, 11I-24e) . . . .
18 Total
expenses Add lines 13-17 (must equal Part IX, column (A), line 25)
19 Revenue
less expenses Subtract line 18 from line 12
14,280
2,105
14,280
2,105
-14,280
-2,084
Beginning of Current
Year
t54'''
4
.12
,0
21
and similar amounts paid (Part IX, column (A), lines 1-3 ) . . .
End of Year
20
Total assets (Part X, line 16)
605,995
603,911
21
Total liabilities (Part X, line 26)

Net assets or fund balances Subtract line 21 from line 20
605,995
603,911
22
Part II
Signature Block
Under penalties of perjury, I declare that I have examined this return, includin
my knowledge and belief, it is true, correct, and complete Declaration of prepa
preparer has any knowledge
i-i****
Sign
Here
Signature of officer
MADELEINE DOUGLAS CEO
Type or pnnt name and title
Pal
Pre parer
Use Only
Pont/Type preparer's name Preparer's signature

James W Newell James W Newell
Firm's name IP- Vavnnek Tune Day & Co LIP
Firm's address 0
Palo Alto, CA 94306
May the IRS discuss this return with the preparer shown above? (see instruc
For Paperwork Reduction Act Notice, see the separate instructions.
Case 5:16-cv-01336
Document 1-1
1-1 Filed
Filed03/18/16
03/18/16Page
Page
9090
of of
101
101
Form 990 (2014)
Part III
Page 2
Statement of Program Service Accomplishments

Check if Schedule 0 contains a response or note to any line in this Part III
1 Briefly describe the organization's mission

ALUMNI ASSOCIATION
2 Did the organization undertake any significant program services during the year which were not listed on
the prior Form 990 or 990-EZ
If "Yes," describe these new services on Schedule 0

3 Did the organization cease conducting, or make significant changes in how it conducts, any program
services?
n Yes p
If "Yes," describe these changes on Schedule 0

4 Describe the organization's program service accomplishments for each of its three largest program services, as measured by
expenses Section 501(c)(3) and 501(c)(4) organizations are required to report the amount of grants and allocations to others,
the total expenses, and revenue, if any, for each program service reported
4a (Code ) (Expenses $
2,105 including grants of $
) (Revenue $
MAINTAINS AN ALUMNI ASSOCIATION
4b (Code
) (Expenses $ including grants of $
) (Revenue $
4c (Code
) (Expenses $ including grants of $
) (Revenue $
4d Other program services (Describe in Schedule 0 )

(Expenses $ including grants of
4e Total program service expenses IP-
) (Revenue $
2,105
Form 990 (2014)
Case 5:16-cv-01336
03/18/16
91 91
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Form 990 (2014)
Part IV
Page 3
Checklist of Required Schedules

Yes
1 Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)? If "Yes,"
complete Schedule A
2 Is the organization required to complete Schedule B, Schedule of Contributors (see instructions)?
3 Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to
candidates for public office? If "Yes," complete Schedule C, Part I
4 Section 501(c)(3) organizations. Did the organization engage in lobbying activities, or have a section 501(h)
election in effect during the tax year? If "Yes," complete Schedule C, Part II
No
No
No
No
No
5 Is the organization a section 501(c)(4), 501(c)(5), or 501(c)(6) organization that receives membership dues,
assessments, or similar amounts as defined in Revenue Procedure 98-19? If "Yes," complete Schedule C,
Part III
6 Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the
right to provide advice on the distribution or investment of amounts in such funds or accounts? If "Yes," complete
Schedule D, Part I
7 Did the organization receive or hold a conservation easement, including easements to preserve open space,
the environment, historic land areas, or historic structures? If "Yes," complete Schedule D, Part II
No
8 Did the organization maintain collections of works of art, historical treasures, or other similar assets? If "Yes,"
complete Schedule D, Part III
No
9 Did the organization report an amount in Part X, line 21 for escrow or custodial account liability, serve as a
custodian for amounts not listed in Part X, or provide credit counseling, debt management, credit repair, or debt
negotiation services? If "Yes," complete Schedule D, Part IV
No
10
No
a Did the organization report an amount for land, buildings, and equipment in Part X, line 10?
If "Yes," complete Schedule D, Part VI.
ha
No
b Did the organization report an amount for investmentsother securities in Part X, line 12 that is 5
its total assets reported in Part X, line 16? If "Yes," complete Schedule D, Part VII
llb
No
c Did the organization report an amount for investmentsprogram related in Part X, line 13 that is 5% or more of
its total assets reported in Part X, line 16? If "Yes," complete Schedule D, Part VIII
11c
No
d Did the organization report an amount for other assets in Part X, line 15 that is 5% or more of its total assets
reported in Part X, line 16 2 If 'Yes," complete Schedule D, Part IX
lid
No
lie
No
llf
No
12a
No
12b
No
10 Did the organization, directly or through a related organization, hold assets in temporarily restricted endowments,
permanent endowments, or quasi-endowments? If "Yes," complete Schedule D, Part V
No
No
11 lithe organization's answer to any of the following questions is "Yes," then complete Schedule D, Parts VI, VII,
VIII, IX, or X as applicable
e Did the organization report an amount for other liabilities in Part X, line 25? If "Yes," complete Schedule D, Part X
f Did the organization's separate or consolidated financial statements for the tax year include a footnote that
addresses the organization's liability for uncertain tax positions under FIN 48 (ASC 740)? If "Yes," complete
Schedule D, Part X
12a Did the organization obtain separate, independent audited financial statements for the tax year?
If "Yes," complete Schedule D, Parts XI and XII
b Was the organization included in consolidated, independent audited financial statements for the tax year? If
"Yes," and if the organization answered "No" to line 12a, then completing Schedule D, Parts XI and XII is optional
13 Is the organization a school described in section 170(b)(1)(A )00? If "Yes," complete Schedule E
13
No
14a
No
14b
No
15 Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or other assistance to or
for any foreign organization? If "Yes," complete Schedule F, Parts II and IV
15
No
16 Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or other
assistance to or for foreign individuals? If "Yes," complete Schedule F, Parts III and IV
16
No
17 Did the organization report a total of more than $15,000 of expenses for professional fundraising services on Part
IX, column (A), lines 6 and li
17
No
18 Did the organization report more than $15,000 total of fundraising event gross income and contributions on Part
VIII, lines lc and 8a? If "Yes," complete Schedule G, Part II
18
No
19 Did the organization report more than $15,000 of gross income from gaming activities on Part VIII, line 9a? If
"Yes," complete Schedule G, Part III
19
No
20a Did the organization operate one or more hospital facilities? If "Yes," complete Schedule H
20a
No
14a Did the organization maintain an office, employees, or agents outside of the United States?
b Did the organization have aggregate revenues or expenses of more than $10,000 from grantmaking, fundraising,
business, investment, and program service activities outside the United States, or aggregate foreign investments
valued at $100,000 or more? If "Yes," complete Schedule F, Parts I and IV
b If "Yes" to line 20a, did the organization attach a copy of its audited financial statements to this return?
20b
Form 990 (2014)
Case 5:16-cv-01336
03/18/16
92 92
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Form 990 (2014)
Part IV
Page 4
Checklist of Required Schedules (continued)
21 Did the organization report more than $5,000 of grants or other assistance to any domestic organization or
domestic government on Part IX, column (A), line 1? If "Yes," complete Schedule I, Parts I and II
21
No
22 Did the organization report more than $5,000 of grants or other assistance to or for domestic individuals on Part
IX, column (A ), line 2? If "Yes," complete Schedule I, Parts I and III
22
No
23 Did the organization answer "Yes" to Part VII, Section A, line 3, 4, or 5 about compensation of the organization's
current and former officers, directors, trustees, key employees, and highest compensated employees? If "Yes,"
complete Schedule .7
23
No
24a Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000
as of the last day of the year, that was issued after December 31, 2002? If "Yes," answer hnes 24b through 24d
and complete Schedule K. If "No," go to line 25a
b Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception?
24a
No
24b
No
c Did the organization maintain an escrow account other than a refunding escrow at any time during the year
to defease any tax-exempt bonds?
24c
No
d Did the organization act as an "on behalf of" issuer for bonds outstanding at any time during the year?
24d
No
25a Section 501(c)(3), 501(c)(4), and 501(c)(29) organizations. Did the organization engage in an excess benefit
transaction with a disqualified person during the year? If "Yes," complete Schedule L, Part I
25a
No
b Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior
year, and that the transaction has not been reported on any of the organization's prior Forms 990 or 990-EZ? If
"Yes," complete Schedule L, Part I
25b
No
26 Did the organization report any amount on Part X, line 5, 6, or 22 for receivables from or payables to any current
or former officers, directors, trustees, key employees, highest compensated employees, or disqualified persons?
If "Yes," complete Schedule L, Part II
26
No
27 Did the organization provide a grant or other assistance to an officer, director, trustee, key employee, substantial
contributor or employee thereof, a grant selection committee member, or to a 3 5 % controlled entity or family
member of any of these persons? If "Yes," complete Schedule L, Part III
27
No
a A current or former officer, director, trustee, or key employee? If "Yes," complete Schedule L, Part
IV
28a
No
b A family member of a current or former officer, director, trustee, or key employee? If "Yes,"
complete Schedule L, Part IV
28b
No
c An entity of which a current or former officer, director, trustee, or key employee (ore family member thereof) was
an officer, director, trustee, or direct or indirect owner? If "Yes," complete Schedule L, Part IV
28c
No
29 Did the organization receive more than $25,000 in non-cash contributions? If "Yes," complete Schedule M
29
No
30 Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified
conservation contributions? If "Yes," complete Schedule M
30
No
31 Did the organization liquidate, terminate, or dissolve and cease operations? If "Yes," complete Schedule N,
Part I
31
No
32 Did the organization sell, exchange, dispose of, or transfer more than 25
Schedule N, Part II
32
No
33 Did the organization own 100

sections 301 7701-2 and 301 7701-3? If "Yes," complete Schedule R, Part
33
No
34 Was the organization related to any tax-exempt or taxable entity? If "Yes," complete Schedule R, Part II, III, or IV,
and Part V, line 1
34
No
35a Did the organization have a controlled entity within the meaning of section 512(b)(13)?
35a
No
35b
No
36 Section 501(c)(3) organizations. Did the organization make any transfers to an exempt non-charitable related
organization? If "Yes," complete Schedule R, Part V, line 2
36
No
37 Did the organization conduct more than 5% of its activities through an entity that is note related organization
and that is treated as a partnership for federal income tax purposes? If "Yes," complete Schedule R, Part VI
37
No
38 Did the organization complete Schedule 0 and provide explanations in Schedule 0 for Part VI, lines 1 lb and 19?
Note. All Form 990 filers are required to complete Schedule 0
38
No
28 Was the organization a party to a business transaction with one of the following parties (see Schedule L, Part IV
instructions for applicable filing thresholds, conditions, and exceptions)
b If 'Yes' to line 35a, did the organization receive any payment from or engage in any transaction with a controlled
entity within the meaning of section 512(b)(13)? If "Yes," complete Schedule R, Part V, line 2
Form 990 (2014)
Form 990 (2014)
Part V
Case 5:16-cv-01336
03/18/16
93 93
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Page 5
Statements Regarding Other IRS Filings and Tax Compliance

Check if Schedule 0 contains a response or note to any line in this Part V
Yes
la Enter the number reported in Box 3 of Form 1096 Enter-0- if not applicable
b Enter the number of Forms W-2G included in line la Enter-0- if not applicable
c Did the organization comply with backup withholding rules for reportable payments t
gaming (gambling) winnings to prize winners?
2a Enter the number of employees reported on Form W-3, Transmittal of Wage and
Tax Statements, filed for the calendar year ending with or within the year covered
by this return
b If at least one is reported on line 2a, did the organization file all required federal em
Note. If the sum of lines la and 2a is greater than 250, you may be required to e-fil
3a Did the organization have unrelated business gross income of $1,000 or more durin
b If "Yes," has it filed a Form 990-T for this year? If "No" to line 3b, provide an explana
4a At any time during the calendar year, did the organization have an interest in, or a s
over, a financial account in a foreign country (such as a bank account, securities ac
account)?
b If "Yes," enter the name of the foreign country lbSee instructions for filing requirements for FinCEN Form 114, Report of Foreign Ban
(FBAR)
5a Was the organization a party to a prohibited tax shelter transaction at any time dun
Did any taxable party notify the organization that it was or is a party to a prohibited
la
lb
o vendors and reportable
lc
No
ployment tax returns?

e (see instructions)
2b
No
g the year? .
ion in Schedule 0
3a
No
3b
No
4a
No
ng the tax year?
5a
No
tax shelter transaction'?
5b
No
00,000, and did the

tributions?
6a
2a
ignature or other authority

count, or other financial
If "Yes," did the organization include with every solicitation an express statement t
were not tax deductible?
7
Organizations that may receive deductible contributions under section 170(c).
Did the organization receive a payment in excess of $75 made partly as a contribut
services provided to the payor?
k and Financial Accounts
If "Yes," to line 5a or 5b, did the organization file Form 8886-T?

6a Does the organization have annual gross receipts that are normally greater than $1
organization solicit any contributions that were not tax deductible as charitable con
Sc
at such contributions or gifts
7a
If "Yes," did the organization notify the donor of the value of the goods or services p
rovided?
7b
Did the organization sell, exchange, or otherwise dispose of tangible personal prope
file Form 8282?
rty for which it was required to
If "Yes," indicate the number of Forms 8282 filed during the year
I 7d I
Did the organization receive any funds, directly or indirectly, to pay premiums on a
contract?
ersonal benefit
Did the organization, during the year, pay premiums, directly or indirectly, on a pers
onal benefit contract?
If the organization received a contribution of qualified intellectual property, did the

required?
rganization file Form 8899 as
If the organization received a contribution of cars, boats, airplanes, or other vehicle

Form 1098-C?
s, did the organization file a
No
6b
ion and partly for goods and
Sponsoring organizations maintaining donor advised funds.

Did a donor advised fund maintained by the sponsoring organization have excess bu
during the year?
No
7c
7e
7f
7g
7h
airless holdings at any time

8
No
9a Did the sponsoring organization make any taxable distributions under section 4966
9a
No
Did the sponsoring organization make a distribution to a donor, donor advisor, or rel
gb
No
12a
No
13a
No
x year?
14a
No
ation in Schedule 0
14b
10
ated person?
Section 501(c)(7) organizations. Enter

a
11
Initiation fees and capital contributions included on Part VIII, line 12 -
10a
Gross receipts, included on Form 990, Part VIII, line 12, for public use of club
facilities
10b
Section 501(c)(12) organizations. Enter
Gross income from members or shareholders
lla
Gross income from other sources (Do not net amounts due or paid to other sources
against amounts due or received from them )
lib
12a Section 4947(a)(1) non-exempt charitable trusts. Is the organization filing Form 99
If "Yes," enter the amount of tax-exempt interest received or accrued during the
year
13
0 in lieu of Form 1041

12b
Section 501(c)(29) qualified nonprofit health insurance issuers.
Is the organization licensed to issue qualified health plans in more than one state?
Note. See the instructions for additional information the organization must report on
Enter the amount of reserves the organization is required to maintain by the states
in which the organization is licensed to issue qualified health plans .
c Enter the amount of reserves on hand
14a Did the organization receive any payments for indoor tanning services during the ta
b If "Yes," has it filed a Form 7
Schedule 0
13b
13c
Form 990 (2014)
Case 5:16-cv-01336
03/18/16
94 94
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Form 990 (2014)
Part VI
Page 6
Governance, Management, and Disclosure For each "Yes" response to lines 2 through 7b below, and for a
"No" response to lines 8a, 8b, or lob below, describe the circumstances, processes, or changes in Schedule O.
See instructions.
Check if Schedule 0 contains a response or note to any line in this Part VI

Section A. Governing Body and Management
Yes
la E nter the number of voting members of the governing body at the end of the tax
year
la
lb
No
If there are material differences in voting rights among members of the governing
body, or if the governing body delegated broad authority to an executive committee
or similar committee, explain in Schedule 0
b Enter the number of voting members included in line la, above, who are
independent
2 Did any officer, director, trustee, or key employee have a family relationship or a bu
other officer, director, trustee, or key employee?
siness relationship with any
3 Did the organization delegate control over management duties customarily perform
supervision of officers, directors or trustees, or key employees to a management co
d by or under the direct

mpany or other person?
4 Did the organization make any significant changes to its governing documents sinc
filed?
e the prior Form 990 was
5 Did the organization become aware during the year of a significant diversion of the o
rganization's assets?
6 Did the organization have members or stockholders?

7a Did the organization have members, stockholders, or other persons who had the po
more members of the governing body?
er to elect or appoint one or
No
No
No
No
Yes
7a
Yes
7b
No
a The governing body?
8a
No
b Each committee with authority to act on behalf of the governing body?
8b
No
No
b Are any governance decisions of the organization reserved to (or subject to approv
or persons other than the governing body?
8 Did the organization contemporaneously document the meetings held or written act
year by the following
I by) members, stockholders,

ons undertaken during the
9 Is there any officer, director, trustee, or key employee listed in Part VII, Section A, who cannot be reached at the
organization's mailing address? If "Yes," provide the names and addresses in Schedule
Section B. Policies (This Section B requests information about policies not re
uired b
the Internal Revenue Code.

Yes
10a Did the organization have local chapters, branches, or affiliates?

b If "Yes," did the organization have written policies and procedures governing the activities of such chapters,
affiliates, and branches to ensure their operations are consistent with the organization's exempt purposes?
ha Has the organization provided a complete copy of this Form 990 to all members of its governing body before filing
the form?
10a
No
No
10b
lla
No
b Describe in Schedule 0 the process, if any, used by the organization to review this Form 990
12a
No
b Were officers, directors, or trustees, and key employees required to disclose annually interests that could give
rise to conflicts?
12b
No
c Did the organization regularly and consistently monitor and enforce compliance with the policy? If "Yes," describe
in Schedule 0 how this was done
12a Did the organization have a written conflict of interest policy? If "No," go to line 13
12c
No
13 Did the organization have a written whistleblower policy?
13
No
14 Did the organization have a written document retention and destruction policy?
14
No
a The organizabon's CEO, Executive Director, or top management official
15a
No
b Other officers or key employees of the organization
15b
No
16a Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a
taxable entity during the year?
16a
No
b If "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate its
participation in joint venture arrangements under applicable federal tax law, and take steps to safeguard the
organization's exempt status with respect to such arrangements?
16b
15 Did the process for determining compensation of the following persons include a review and approval by
independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision?
If "Yes" to line 15a or 15b, describe the process in Schedule 0 (see instructions)
Section C. Disclosure
17 List the States with which a copy of this Form 990 is required to be filedll.
18 Section 6104 requires an organization to make its Form 1023 (or 1024 if applicable), 990, and 990-T (501(c)
(3)s only) available for public inspection Indicate how you made these available Check all that apply
n Own website n Another's website F Upon request n Other (explain in Schedule 0)
19 Describe in Schedule 0 whether (and if so, how) the organization made its governing documents, conflict of
interest policy, and financial statements available to the public during the tax year
20 State the name, address, and telephone number of the person who possesses the organization's books and records
II.MADELEINE DOUGLAS
1150 MISSION STREET 1505
SAN FRANCISCO,CA 94103 (518)209-6538
Form 990 (2014)
Case 5:16-cv-01336
03/18/16
95 95
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Form 990 (2014)
Part VII
Page 7
Compensation of Officers, Directors,Trustees, Key Employees, Highest Compensated

Employees, and Independent Contractors
Check if Schedule 0 contains a response or note to any line in this Part VII
Section A. A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees
la Complete this table for all persons required to be listed Report compensation for the calendar year ending with or within the organization's
tax year
4il List all of the organization's current officers, directors, trustees (whether individuals or organizations), regardless of amount
of compensation Enter-0- in columns (D), (E), and (F) if no compensation was paid
List all of the organization's current key employees, if any See instructions for definition of "key employee
List the organization's five current highest compensated employees (other than an officer, director, trustee or key employee)
who received reportable compensation (Box 5 of Form W-2 and/or Box 7 of Form 1099-MISC) of more than $100,000 from the
organization and any related organizations
List all of the organization's former officers, key employees, or highest compensated employees who received more than $100,000
of reportable compensation from the organization and any related organizations
List all of the organization's former directors or trustees that received, in the capacity as a former director or trustee of the
organization, more than $10,000 of reportable compensation from the organization and any related organizations
List persons in the following order individual trustees or directors, institutional trustees, officers, key employees, highest
compensated employees, and former such persons
17 Check this box if neither the organization nor any related organization compensated any current officer, director, or trustee
(A)
Name and Title
(
Average
hours per
week (list
any hours
for related
organizations
below
dotted line)
(C)
Position (do not check
more than one box, unless
person is both an officer
and a director/trustee)
'-' _
x in m __
t 4:. D 05
0
0
n
c2D. LT .--
0
,
00
D -- 2.
,'
86 =L
r 2D eo
'?
E'A ra 8
--!
'.,
tr
Z.,:i
El
(1) ABEL ALLISON
1 00
President
(2) MARIE ROWELL
0 00
1 00
Vice President
0 00
(3) MADELEINE DOUGLAS
1 00
CEO
000
cU,
(D)
Reportable
compensation
from the
organization
(E)
Reportable
compensation
from related
organizations
(W- 2/1099MISC)
(W
MISC)
(F)
Estimated
amount of
other
compensation
from the
organization
and related
organizations
fo
.7,
0
R
0
or
Form 990 (2014)
Case 5:16-cv-01336
03/18/16
96 96
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Form 990 (2014)
Pa rt VII
Page 8
Section A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees (continued)
(A)
Name and Title
(B)
Average
hours per
week (list
any hours
for related
organizations
below
dotted line)
(C)
Position (do not check
more than one box, unless
person is both an officer
and a director/trustee)
0 X .13 1
9 o.
n
=.: ,Y.
09
n El
CA.,
a. tn
i D 0.
.,.
n
..?
,-
0c
it. ,
'''':)
o'
E
--- ' 8
o
:3
ili
571
u,
tc,
a
o
o
o_
-n
0
(D)
Reportable
compensation
from the
organization (W2/1099-MISC)
(F)
Estimated
amount of other
compensation
from the
organization and
related
organizations
(E)
Reportable
compensation
from related
organizations (W2/1099-MISC)
14
lb Sub-Total ik
c Total from continuation sheets to Part VII, Section A 11.d Total (add lines lb and lc)
2 Total number of individuals (including but not limited to those listed above) who received more than
$100,000 of reportable compensation from the organization11.0
Yes
No
3 Did the organization list any former officer, director or trustee, key employee, or highest compensated employee
on line la? If "Yes," complete Schedule. 1 for such individual
No
4 For any individual listed on line la, is the sum of reportable compensation and other compensation from the
organization and related organizations greater than $150,000? If "Yes," complete Schedule .1 for such
individual
No
5 Did any person listed on line la receive or accrue compensation from any unrelated organization or individual for
services rendered to the organization? If "Yes," complete Schedule.) for such person
No
Section B. Independent Contractors

I Complete this table for your five highest compensated independent contractors that received more than $100,000 of
compensation from the organization Report compensation for the calendar year ending with or within the organization's tax year
(A)
(
Name and business address
2 Total number of independent contractors (including but not limited to those listed above)
$100,000 of compensation from the organization 11..0
Description of services
(c)
Compensation
who received more than

Form 990 (2014)
Form 990 (2014) Page 9
Part VIII
Case 5:16-cv-01336
03/18/16
97 97
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Statement of Revenue
Check if Schedule 0 contains a response or note to any line in this Part VIII
(A)
Total revenue
la
-4 t
Membership dues . . . lb
0E
Fundraising events . . ic
(4
- m
(.0 =
Related organizations . . . id
Government grants (contributions) le
All other contnbutions, gifts, grants, and if

similar amounts not included above
6
a (/)
CI
W
= 0)
.4= =
=c
U ttl
(C)
Unrelated
business
revenue
(D)
Revenue
excluded from
tax under
sections
512-514
Federated campaigns . la
(
Related or
exempt
function
revenue
Noncash contributions included in lines

la-lf $
g
h
Total. Add lines la-if

Business Code
0
..
m
P
b
2
c,?
5
<B
E
T..
0
&
c
d
e
f
All other program service revenue
g
3
Total. Add lines 2a-2
Investment income
(including dividends, interest,
and other similar
amounts) lk
Income from investment of tax-exempt bond proceeds . . lb-
Royalties
b
c
21
0
I-
(I) Real
6a
21
(0) Personal
Gross rents
Less rental
expenses
Rental income
or (loss)
Net rental income
or (loss) Il.
(i) Securities
Gross amount
from sales of
assets other
than inventory
Less cost or
other basis and
sales expenses
Gain or (loss)
Net gain or (loss)
8a
0
m
E
0
fundraising
$
of contributions reported on line 1c)
See Part IV, line 18 .
0
Cr
IT
-.0
40
Gross income from

events (not including
(11) Other
a
b
Less direct expenses . . b
Net income or (loss) from fundraising
9a
Gross income from gaming activities

See Part IV, line 19 . . .
events . .
a
b
Less direct expenses . . . b
Net income or (loss) from gaming activities
10a
..
Gross sales of inventory, less

returns and allowances .
a
Less cost of goods sold . . b
Net income or (loss) from sales of inventory

Miscellaneous Revenue
..
Business Code
ha
b
c
d
All other revenue . . . .
Total. Add lines ha-lid
12
Total revenue. See Instructions
0
II...
21
2
Form 990 (2014
Form 990 (2014)
Part IX
Page ILO
Statement of Functional Expenses
Section 501(c)(3) and 501(c)(4 ) organizations must complete all columns All other organizations must complete column (A)
Check if Schedule 0 contains a res onse or note to any line in this Part IX
Do not include amounts reported on lines 6b,
7b, 8b, 9b, and 10b of Part VIII.
(
Program service
expenses
(A)
Total expenses
(C)
Management and
general expenses
(D)
Fundraising
expenses
1 Grants and other assistance to domestic organizations and

domestic governments See Part IV, line 21 . '
2 Grants and other assistance to domestic
individuals See Part IV, line 22 . .
3 Grants and other assistance to foreign organizations, foreign
governments, and foreign individuals See Part IV, lines 15
and 1 6
0
0
4 Benefits paid to or for members
5 Compensation of current officers, directors, trustees, and

key employees
6 Compensation not included above, to disqualified persons

(as defined under section 4958(f)(1)) and persons
described in section 4958(c)(3)(B) .
7 Other salaries and vvages .
8 Pension plan accruals and contributions (include section 401(k)

and 403(b) employer contributions) . .
9 Other employee benefits
10 Payroll taxes
11 Pees for services (non-employees)

a Management
b Legal
510
510
c Accounting
745
745
d Lobbying
e Professional fundraising services See Part IV, line 17
f Investment management fees
g Other (If line llg amount exceeds 10% of line 25, column (A)
amount, list line llg expenses on Schedule 0) . . . .
12 Advertising and promotion . . .

13 Office expenses
0
288
14 Information technology
15 Royalties . .
16 Occupancy
17 Travel
18 Payments of travel or entertainment expenses for any federal,

state, or local public officials
19 Conferences, conventions, and meetings . . .
20 Interest
21 Payments to affiliates
22 Depreciation, depletion, and amortization
23 Insurance
24 Other expenses Itemize expenses not covered above (List

miscellaneous expenses in line 24e If line 24e amount exceeds 10%
of line 25, column (A ) amount, list line 24e expenses on Schedule 0 )
a BANK CHARGES
b MISCELLANEOUS
c OTHER TAXES
288
360
360
192
192
10
10
d
e All other expenses
25 Total functional expenses. Add lines 1 through 24e
0
2,105
2,105
26 Joint costs. Complete this line only if the organization

reported in column (B) joint costs from a combined
educational campaign and fundraising solicitation Check
here II. n if following SOP 98-2 (ASC 958-720)
Form 990 (2014)
Case 5:16-cv-01336
03/18/16
99 99
of 101
Document1-1
1-1Filed
Filed
03/18/16Page
Page
of 101
Form 9 9 0 (2 0 1 4 )
Part X
Page 11
Balance Sheet
Check if Schedule 0 contains a response or note to any line in this Part X
(A)
Beginning of year
33,322
(B)
End of year
33,322
372,673
370,589
200,000
7 Notes and loans receivable, net
8 Inventories for sale or use
9 Prepaid expenses and deferred charges
10c
11 Investmentspublicly traded securities
11
12 Investmentsother securities See Part IV, line 11
12
13 Investmentsprogram-related See Part IV, line 11
13
14 Intangible assets
14
15 Other assets See Part IV, line 11
15
16
603,911
1 Cash-non-interest-bearing
.
2 Savings and temporary cash investments .. ...

3 Pledges and grants receivable, net
200,000
4 Accounts receivable, net

5 Loans and other receivables from current and former officers, directors,
employees, and highest compensated employees Complete Part II
Schedule L
Ve
4GI
o
0
4
trustees,
of
6 Loans and other receivables from other disqualified persons (as defined
section 4 9 5 8 (f)(1 )), persons described in section 4 9 5 8 (c)(3 )(B), and
employers and sponsoring organizations of section 50 1 (c)(9 ) voluntary
beneficiary organizations (see instructions) Complete Part II of Schedule
10a Land, buildings, and equipment cost or other basis Complete Part
VI of Schedule D
b Less accumulated depreciation
under
contributing
employees'
L
10a
10b
16 Total assets. Add lines 1 through 15 (must equal line 3 4 )
0
=
25
M
:A
key
605,995
17 Accounts payable and accrued expenses
17
18 Grants payable
18
19 Deferred revenue
19
20 Tax-exempt bond liabilities
20
21 Escrow or custodial account liability Complete Part IV of Schedule D . .
21
22 Loans and other payables to current and former officers, directors, trustees,
key employees, highest compensated employees, and disqualified
22
persons Complete Part II of Schedule L

23 Secured mortgages and notes payable to unrelated third parties . .
23
24 Unsecured notes and loans payable to unrelated third parties . . . .
24
25 Other liabilities (including federal income tax, payables to related third parties,
and other liabilities not included on lines 1 7-24) Complete Part X of Schedule
D
26 Total liabilities. Add lines 17 through 25
cl)
0
c
_r5
25
0
26
Organizations that follow SFAS 117 (ASC 958), check here O. 1

lines 27 through 29, and lines 33 and 34.
27 U
27
Xi
28 Temporarily restricted net assets
28
72
m
29 Permanently restricted net assets
29
4.3
,Ci
4-2
o
vi
eL
i--
Z
Organizations that do not follow SFAS 117 (ASC 958), check here 11. F and
complete lines 30 through 34.
30 Capital stock or trust principal, or current funds
30
31 Paid-in or capital surplus, or land, building or equipment fund
31
32 Retained earnings, endowment, accumulated income, or other funds
605,995
32
603,911
33 Total net assets or fund balances
605,995
33
603,911
34 Total liabilities and net assets/fund balances
605,995
34
603,911
Form 990 (2 0 1 4 )
Case 5:16-cv-01336
1-1 Filed
03/18/16
100 of12101
Form 990 (2014) Case 5:16-cv-01336
Document Document
1-1 Filed 03/18/16
Page
100 ofPage
101 Page
Part xr Reconcilliation of Net Assets
Check if Schedule 0 contains a response or note to any line in this Part XI
Total revenue (must equal Part VIII, column (A), line 12)
2 Total expenses (must equal Part IX, column (A), line 25)
3 Revenue less expenses Subtract line 2 from line 1
4 Net assets or fund balances at beginning of year (must equal Part X, line 33, column (A))
5 Net unrealized gains (losses) on investments
21
2,105
-2,084
605,995
6 Donated services and use of facilities

6
7 Investment expenses
8 Prior period adjustments
9 Other changes in net assets or fund balances (explain in Schedule 0 )
10 Net assets or fund balances at end of year Combine lines 3 through 9 (must equal Part X, line 33,
column (B))
7
8
9
1
603,911
Part MI Financial Statements and Reporting

Check if Schedule 0 contains a response or note to any line in this Part XII
Yes
No
1 Accounting method used to prepare the Form 990 r7 Cash n Accrual nOther
If the organization changed its method of accounting from a prior year or checked "Other," explain in
Schedule 0
2a Were the organization's financial statements compiled or reviewed by an independent accountant?
2a
No
2b
No
If 'Yes/check a box below to indicate whether the financial statements for the year were compiled or reviewed on
a separate basis, consolidated basis, or both
n Separate basis n Consolidated basis T Both consolidated and separate basis
b Were the organization's financial statements audited by an independent accountant?
In/es/check a box below to indicate whether the financial statements forthe year were audited on a separate
basis, consolidated basis, or both
n Separate basis n Consolidated basis T Both consolidated and separate basis
c If "Yes," to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the
audit, review, or compilation of its financial statements and selection of an independent accountant?
2c
If the organization changed either its oversight process or selection process during the tax year, explain in
Schedule 0
3a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the
Single Audit Act and OMB Circular A-133?
b If "Yes," did the organization undergo the required audit or audits? If the organization did not undergo the
required audit or audits, explain why in Schedule 0 and describe any steps taken to undergo such audits
3a
No
3b
Form 990 (2014)
efile GRAPHIC 'tint - DO NOT PROCESS
SCHEDULE 0
(Form 990 or 990-EZ)
DLN: 93493225033135
As FileclIMOIMISIO
OMB No 1545-0047
2014
Supplemental Information to Form 990 or 990-EZ

Complete to provide information for responses to specific questions on
Form 990 or 990-EZ or to provide any additional information.
111- Attach to Form 990 or 990-EZ.
11*- Information about Schedule 0 (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
Open to Public
Inspection
Name of the organization
Employer identification number
ALPHA EPSILON ALUMNI ASSOC OF THETA CHI

CO MADELEINE DOUGLAS
77-0297443
990 Schedule 0, Supplemental Information

Return Reference
Explanation
Form 990, Part VI, Line lib Form 990 Review Process
No review was or will be conducted
Form 990, Part VI, Line 19 Other Organization Documents Publicly Available
No documents available to the public
Case 5:16-cv-01336
Document1-2
1-2 Filed
Filed03/18/16
03/18/16Page
Page
1 of
1 of
1 1
CIVIL COVER SHEET
JS 44 (Rev. 12/12) cand rev (1/15/13)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the Uni ed States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)
lri4g
LINERMRD JUNIOR UNIVERSITY, ET AL.
(b) County of Residence of First Listed Plaintiff Santa Clara
County of Residence of First Listed Defendant Santa Clara

(IN (IS. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(EXCEPT IN U.S. PLAINTIFF CASES)
Attorneys (If Known)

A kWm g
725 S. Figueroa St., 38th Floor, Los Angeles, CA 90017;

Tel. 213.688.9500
CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box lie Plaintiff
(For DiversiOiCases Only) and One Box for Defendant)
PTF DEF PTF DU'
Citizen of This State CI I CI 1 Incorporated or Principal Place 0 4 0 4
of Business In This State
BASIS OF JURISDICTION (Place an "X" in One Box Only)

O I U.S. Government
Plaintiff
lg 3 Federal Question
(U.S. Government Not a Party)
CI 2 U.S. Government
Defendant
ID 4 Diversity
(Indicate Citizenship of Parties in hem M)
Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 0 5

of Business In Another State
Citizen or Subject of a 0 3
Foreign Country
IV. NATURE OF SUIT (Place an "X" in One Box Only)

CO CT
O 110 Insurance
O 120 Marine
O 130 Miller Act
O 140 Negotiable Instrument
O 150 Recovery of Overpayment
& Enforcement of Judgment
CI 151 Medicare Act
0 152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
O 153 Recovery of Overpayment
of Veteran's Benefits
O 160 Stockholders' Suits
El 190 Other Contract
Ci 195 Contract Product Liability
O 196 Franchise
REAL PROPERTY
0 210 Land Condemnation
0 220 Foreclosure
CI 230 Rent Lease & Ejectment
0 240 Torts to Land
0 245 Tort Product Liability
0 290 All Other Real Property
ORFEPPURE/PENALTY
PERSONAL INJURY
PERSONAL INJURY
0 365 Personal Injury 0 310 Airplane
0 315 Airplane Product
Product Liability
0 367 Health Care/
Liability
Pharmaceutical
CI 320 Assault, Libel &
Slander
Personal Injury
Product Liability
CI 330 Federal Employers'
0 368 Asbestos Personal
Liability
0 340 Marine
Injury Product
CI 345 Marine Product
Liability
PERSONAL PROPERTY
Liability
0 350 Motor Vehicle
0 370 Other Fraud
CI 355 Motor Vehicle
Cl 371 Truth in Lending
0 380 Other Personal
Product Liability
0 360 Other Personal
Property Damage
0 385 Property Damage
Injury
0 362 Personal Injury Product Liability
Medical Malpractice
CIVIL RIGHTS
,
0 440 Other Civil Rights Habeas Corpus:
0 441 Voting CI 463 Alien Detainee
0 442 Employment 0 510 Motions to Vacate
0 443 Housing/ Sentence
Accommodations CI 530 General
CI 445 Amer, w/Disabilities - 0 535 Death Penalty
Employment Other:
0 446 Amer. w/Disabilities - 0 540 Mandamus & Other
Other 0 550 Civil Rights
CI 448 Education CI 555 Prison Condition
0 560 Civil Detainee Conditions of
Confinement
0 625 Drug Related Seizure

of Property 21 USC 881
0 690 Other
BANKRUPTCY
0 422 Appeal 28 USC 158
0 423 Withdrawal
28 USC 157
PROPER RIGHTS
0 820 Copyrights
0 830 Patent
/3) 840 Trademark
LABOR
0 710 Fair Labor Standards
Act
CI 720 Labor/Management
Relations
0 740 Railway Labor Act
0 751 Family and Medical
Leave Act
0 790 Other Labor Litigation
CI 791 Employee Retirement
Income Security Act
0 6 CI 6
CI 3 Foreign Nation
SOCIAL SECURITY
0 861 HIA (1395f1)
0 862 Black Lung (923)
CI 863 DIWC/DIWW (405(g))
CI 864 SSID Title XVI
0 865 RSI (405(g))
FEDERAL TAX SUITS

0 870 Taxes (U.S. Plaintiff
or Defendant)
CI 871 IRSThird Party
26 USC 7609
' 'OTHER STATUTES I

O 375 False Claims Act
O 400 State Reapportionment
O 410 Antitrust
O 430 Banks and Banking
O 450 Commerce
O 460 Deportation
O 470 Racketeer Influenced and
Corrupt Organizations
O 480 Consumer Credit
CI 490 Cable/Sat TV
ID 850 Securities/Commodities/
Exchange
O 890 Other Statutory Actions
O 891 Agricultural Acts
O 893 Environmental Matters
O 895 Freedom of Information
Act
O 896 Arbitration
O 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
O 950 Constitutionality of
State Statutes
IMMIGRATION
0 462 Naturalization Application
0 465 Other Immigration
Actions
V. ORIGIN (Place an "X" in One Box Only)
0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict

Reopened Another District Litigation
>4 I Original 0 2 Removed from 0 3 Remanded from

Proceeding State Court Appellate Court
(specik
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdiettomd statutes unless diversity):
VI. CAUSE OF ACTION
15 U.S.C. 1051
Brief description of cause:
Trademark infringement; unfair competition and dilution under The Lanham Act, 15 U.S.C. 1051
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
10 CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, F.R.Cv.P.
(See instructions):
DATE
03/18/2016
DEMAND CHECK YES only if demanded in complaint:
JUDGE
SIGNATURE OF ATTORNEY OF RECORD
is/ Joshua R. Mandell
IL DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)

(Place an "X" in One Box Only) SAN FRANCISCO/OAKLAND EISAN JOSE EUREKA
JURY DEMAND: Yes 0 No
DOCKET NUMBER

FoHo: Theta Chi v. Stanford, XOX - Federal Complaint

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

FoHo: Theta Chi v. Stanford, XOX - Federal Complaint

Uploaded by

Copyright:

Available Formats

Case 5:16-cv-01336

NORTHERN DISTRICT OF CALIFORNIA

THETA CHI FRATERNITY, INC.,

(1) FEDERAL TRADEMARK

[DEMAND FOR JURY TRIAL]

Plaintiff TBETA CHI FRATERNITY, INC. ("Theta Chi" or "Plaintiff') hereby

UNIVERSITY ("the University"); THE BOARD OF TRUSTEES OF LELAND

STANFORD JUNIOR UNIVERSITY ("the University Board"); ALUMNI

ASSOCIATION OF C111 THETA CHE HOUSE ("Chi Theta Chi" or "the

Association"), a/k/a CBI THETA CBI, a/k/a ALPHA EPSILON CHAPTER OF

THETA CHI FRATERNITY; THE BOARD OF DIRECTORS OF ALUMNI

Association Board"); THOMAS ABEL ALLISON ("Allison") individually and as

1 through 100, inclusive (collectively "Defendants"), and alleges:

NATURE OF THE CASE

1. This is an action for, among other things, infringement of two of Plaintiff

"Theta Chi Marks").

2. The University and Chi Theta Chi

abandoned and the registrations are incontestable.

THETA CHI FRATERNITY, INC.'S COMPLAINT

1 3. Chi Theta Chi is an imposter organization whose genesis is grounded in

THETA CHI FRATERNITY, INC.'S COMPLAINT

engaged in a course of contemptuous conduct that utterly ignored the agreed-upon

6. These violations are of significant reputational import. Chi Theta Chi's

University Board, have been derelict in their duties as to the House.

8. The University, through its OGC and RDD, provided misleading

representations to Theta Chi about the University's commitment to facilitate and

of the prior infringements are remediated and extinguished, and to permanently

remediate its own violations to avoid legal action by Theta Chi.

9. Instead, the University knowingly permitted references to Chi Theta Chi

in University website pages and in University-owned and controlled news outlets.

THETA CHI FRATERNITY, INC.'S COMPLAINT

and misleading advertisement, unfair competition, trademark dilution and theft by

infringing activity by Chi Theta Chi, as well as by members and non-member

Chi Theta Chi Defendants continued as of the filing of this Complaint.

THETA CHI FRATERNITY, INC.'S COMPLAINT

13. Defendant University is a tax-exempt entity under section 501(c)(3) of

all University officials, administrators, or employees who engaged in, aided,

encouraged, facilitated, or conspired to commit the misconduct alleged herein

(identified as "Does 1-50") are collectively referred to herein as the "University

14. Defendant University Board has responsibility for managing University

University, John L. Hennessy. It does not relinquish accountability, however. At all

THETA CHI FRATERNITY, INC.'S COMPLAINT

maintained ultimate responsibility and accountability for all acts or omissions of

University officials and students on or implicating University property. The

misconduct alleged herein (identified as "Does 1-50") are collectively referred to

herein as the "University Defendants."

15. Chi Theta Chi, or the Association, purports to be a tax exempt

Alumni Association" or "Alumni Association"), a California tax-exempt corporation

encouraged, facilitated, or conspired to commit the misconduct alleged herein

THETA CHI FRATERNITY, INC.'S COMPLAINT

Bullitt; Valentina Cabrera Stagno; and Michael Hammersly. Upon further

misconduct alleged herein (identified as "Does 51-100") are collectively referred to

herein as the "Chi Theta Chi Defendants."

misconduct alleged herein (identified as "Does 51-100") are collectively referred to

named herein as Does 1 through 50 (included within definition of "University

THETA CHI FRATERNITY, INC.'S COMPLAINT

upon the causes of action hereinafter set forth.

damages suffered and sustained by Theta Chi.

JURISDICTION AND VENUE

infringement, false designation of origin/false or misleading advertising/unfair

24. This Court has supplemental jurisdiction pursuant to 28 U.S.C. 1367

THETA CHI FRATERNITY, INC.'S COMPLAINT

California common law.