Loren D. Podwill, OSB #843241 

E-Mail: loren.podwill@bullivant.com 

Nels Vulin, OSB #124884 

E-Mail: nels.vulin@bullivant.com 

BULLIVANT HOUSER BAILEY PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

Facsimile: 503.295.0915 

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PENDLETON DIVISION 

BROADCAST MUSIC, INC.; INTERIOR 

MUSIC CORP.; UNIVERSAL-SONGS OF 

POLYGRAM INTERNATIONAL, INC.; 

MJ PUBLISHING TRUST d/b/a MIJAC 

MUSIC;, 

Plaintiffs, 

v. 

PB & SH, LLC f/k/a HAMLEY 

STEAKHOUSE, LLC d/b/a HAMLEY 

STEAKHOUSE & CAFE; PARLEY A. 

PEARCE; BLAIR B. WOODFIELD and 

JAN MACGREGOR, individually;, 

Civil No.: 

COMPLAINT 

Defendants. 

Plaintiffs, by their attorneys, for their Complaint against Defendants, allege as follows 

(on knowledge as to Plaintiffs; otherwise on information and belief): 

BullivantlHouserlBailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT 

Page 1 
JURISDICTION AND VENUE 

1. This is a suit for copyright infringement under the United States Copyright Act 

of 1976, as amended, 17 U.S.C. Sections 101 et seq. (the "Copyright Act"). This Court has 

jurisdiction pursuant to 28 U.S.C. Section 1338(a). 

2. Venue is proper in this judicial district pursuant to 28 U.S.C. Section 1400(a). 

THE PARTIES 

3. Plaintiff Broadcast Music, Inc. ("BMI"), is a corporation organized and 

existing under the laws of the State of New York. BMI's principal place of business is 7 

World Trade Center, 250 Greenwich Street, New York, New York 10007. BMI has been 

granted the right to license the public performance rights in approximately 8.5 million 

copyrighted musical compositions (the "BMI Repertoire"), including those which are alleged 

herein to have been infringed. 

4. The Plaintiffs other than BMI are the owners of the copyrights in the musical 

compositions, which are the subject of this lawsuit. All Plaintiffs are joined pursuant to Fed. 

R. Civ. P. 17(a) and 19(a). 

5. Plaintiff Interior Music Corp. is a corporation. This Plaintiff is the copyright 

owner of at least one of the songs in this matter. 

6. Plaintiff Universal - Songs of Polygram International, Inc is a corporation. 

This Plaintiff is the copyright owner of at least one of the songs in this matter. 

7. Plaintiff Mijac Music is a trust doing business as Mijac Music. This Plaintiff 

is the copyright owner of at least one of the songs in this matter. 

8. Defendant PB & SH, LLC is a limited liability company organized and 

existing under the laws of the state of Oregon, which operates, maintains and controls an 

BullivantlHouseriBailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT 

Page 2 
establishment known as Hamley Steakhouse & Cafe located at 8 SE Court Avenue, 

Pendleton, OR 97801-2229 in this district ("Establishment"). 

9. In connection with the operation of the Establishment, Defendant PB & SH, 

LLC publicly performs musical compositions and/or causes musical compositions to be 

publicly performed. 

10. Defendant PB & SH, LLC has a direct financial interest in the Establishment. 

11. Defendant Parley A. Pearce is a member of PB & SH, LLC with responsibility 

for the operation and management of that limited liability company and the Establishment. 

12. Defendant Parley A. Pearce has the right and ability to supervise the activities 

of Defendant PB & SH, LLC and a direct financial interest in that limited liability company 

and the Establishment. 

13. Defendant Blair B. Woodfield is a member of PB & SH, LLC with 

responsibility for the operation and management of that limited liability company and the 

Establishment. 

14. Defendant Blair B. Woodfield has the right and ability to supervise the 

activities of Defendant PB & SH, LLC and a direct financial interest in that limited liability 

company and the Establishment. 

15. Defendant Jan McGregor is a decision-maker of PB & SH, LLC with 

responsibility for the operation and management of that limited liability company and the 

Establishment. 

16. Defendant Jan MacGregor has the right and ability to supervise the activities 

of Defendant PB & SH, LLC and a direct financial interest in that limited liability company 

and the Establishment. 

BullivantlHouseriBailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT 

Page 3 
CLAIMS OF COPYRIGHT INFRINGEMENT 

17. Plaintiffs repeat and reallege each of the allegations contained in paragraphs 1 

through 16. 

18. Plaintiffs allege four (4) copyright infringements, based upon Defendants' 

unauthorized public performance of musical compositions from the BMI Repertoire. All of 

the claims for copyright infringement joined in this Complaint are governed by the same 

legal rules and involve similar facts. Joinder of these claims will promote the convenient 

administration of justice and will avoid a multiplicity of separate, similar actions against 

Defendants. 

19. Attached as Exhibit 1 to this Complaint and incorporated herein is a schedule 

identifying some of the many musical compositions whose copyrights were infringed by 

Defendants (the "Schedule"). The Schedule contains information on the four (4) claims of 

copyright infringement at issue in this action. Each numbered claim has the following eight 

lines of information (all references to "Lines" are lines on the Schedule): Line 1 providing 

the claim number;. Line 2 listing the title of the musical composition related to that claim; 

Line 3 identifying the writer(s) of the musical composition; Line 4 identifying the 

publisher(s) of the musical composition and the plaintiff(s) in this action pursuing the claim 

at issue; Line 5 providing the date on which the copyright registration was issued for the 

musical composition; Line 6 indicating the copyright registration number(s) for the musical 

composition; Line 7 showing the date(s) of infringement; and Line 8 identifying the 

Establishment where the infringement occurred. 

20. For each work identified on the Schedule, the person(s) named on Line 3 was 

the creator of that musical composition. 

BullivantlHouseriBailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT 

Page 4 
21. For each work identified on the Schedule, on or about the date(s) indicated on 

Line 5, the publisher(s) named on Line 4 (including any predecessors in interest), complied 

in all respects with the requirements of the Copyright Act and received from the Register of 

Copyrights Certificates of Registration bearing the number(s) listed on Line 6. 

22. For each work identified on the Schedule, on the date(s) listed on Line 7, 

Plaintiff BMI was (and still is) the licensor of the public performance rights in the musical 

composition identified on Line 2. For each work identified on the Schedule, on the date(s) 

listed on Line 7, the Plaintiff(s) listed on Line 4 was (and still is) the owner of the copyright 

in the respective musical composition listed on Line 2. 

23. For each work identified on the Schedule, on the date(s) listed on Line 7, 

Defendants publicly performed and/or caused to be publicly performed at the Establishment 

the musical composition identified on Line 2 without a license or permission to do so. Thus, 

Defendants have committed copyright infringement. 

24. The specific acts of copyright infringement alleged in the Complaint, as well 

as Defendants' entire course of conduct, have caused and are causing Plaintiffs great and 

incalculable damage. By continuing to provide unauthorized public performances of works 

in the BMI Repertoire at the Establishment, Defendants threaten to continue committing 

copyright infringement. Unless this Court restrains Defendants from committing further acts 

of copyright infringement, Plaintiffs will suffer irreparable injury for which they have no 

adequate remedy at law. 

WHEREFORE, Plaintiffs pray that: 

(I) Defendants their agents, servants, employees, and all persons acting under 

their permission and authority, be enjoined and restrained from infringing, in any manner, the 

BullivantlHouserlBailey PC COMPLAINT 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503228.6351 

Page 5 
By 

copyrighted musical compositions licensed by BMI, pursuant to 17 U.S.C. Section 502; 

(II) Defendant[s] be ordered to pay statutory damages, pursuant to 17 U.S.C. 

Section 504(c); 

(III) Defendant[s] be ordered to pay costs, including a reasonable attorney's 

fee, pursuant to 17 U.S.C. Section 505; and 

(IV) Plaintiffs have such other and further relief as is just and equitable. 

DATED: October 9, 2014 

BULLIVANT HOUSER BAILEY PC 

Loren D. P will 

OSB #843241 

Nels Vulin 

OSB #124884 

Telephone: 503.228.6351 

Attorneys for Plaintiffs 

15178732.2 

BullivantjHouseriBailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT 

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