united states district court eastern...
TRANSCRIPT
1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
LARGE AUDIENCE DISPLAY §
SYSTEMS LLC §
§
Plaintiff, § Civil Action No. 2:09-CV-00356
§
-vs- §
§
TENNMAN PRODUCTIONS, LLC, § JURY TRIAL DEMANDED
JUSTIN TIMBERLAKE, §
LOS ANGELES LAKERS, INC., §
BRITNEY TOURING, INC., §
BRITNEY SPEARS and §
PUSSYCAT DOLLS, LLC §
§
Defendants. §
COMPLAINT
I.
PARTIES
All the paragraphs in this Complaint succeeding this Section I, “Parties”, are fully
incorporated in this Section I by this reference.
1. Plaintiff LARGE AUDIENCE DISPLAY SYSTEMS LLC (hereafter “Plaintiff”)
is a Texas limited liability company with its principal place of business in the Eastern District of
Texas at 5935 Old Bullard Rd., #207, Tyler, Texas 75799.
2. Defendant TENNMAN PRODUCTIONS, LLC (hereafter “TennMan”) is a
Delaware limited liability company whose principal place of business is unknown at this time,
and which may be served through its registered agent, The Corporation Trust Company, at the
Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
2
3. Defendant JUSTIN TIMBERLAKE (hereafter “Mr. Timberlake”) is an individual
with an address of 414 Washington Street, Fifth Floor, New York, New York 10013 and/or 3100
Torreyson PL, Los Angeles, California 90046.
4. Defendant LOS ANGELES LAKERS, Inc. (hereafter “Lakers”) is a California
corporation with an address of 555 N. Nash St., El Segundo, California 90245, and which may
be served through its registered agent, James L. Perzik, 555 N. Nash St., El Segundo, California
90245.
5. Defendant BRITNEY SPEARS (hereafter “Ms. Spears”) is an individual with an
address of one or more of the following: 137-139 West 25th
St., New York, NY 10001, 850
Westcliffe Dr., Winter Garden, Florida 34787, or 14550 Greenwell Church Rd., Kentwood,
Louisiana 70444.
6. Defendant BRITNEY TOURING, INC. (hereafter “Britney Touring”) is a
Louisiana corporation with an address in c/o UCS of Louisiana, Inc., 3867 Plaza Tower, First
Floor, Baton Rouge, Louisiana 70816, and which may be served through its registered agent,
UCS of Louisiana, Inc., 3867 Plaza Tower Dr., 1st Floor, Baton Rouge, Louisiana 70816.
7. Defendant PUSSYCAT DOLLS, LLC (hereafter “Pussycat Dolls”) is a Delaware
limited liability company whose principal place of business is unknown at this time, and which
may be served through its registered agent, The Corporation Trust Company, Corporation Trust
Center, 1209 Orange Street, Wilmington, Delaware 19801.
8. TennMan, Mr. Timberlake, Lakers, Ms. Spears, Britney Touring, and Pussycat
Dolls are collectively referred to herein as the “Defendants” and may individually be referred to
herein as a “Defendant.”
3
II.
JURISDICTION AND VENUE
All the paragraphs in this Complaint preceding and succeeding this Section II,
“Jurisdiction and Venue”, are fully incorporated in this Section II by this reference.
9. Jurisdiction is proper in this Court pursuant to, without limitation, 28 U.S.C. §§
1331 and 1338 because this action is for patent infringement and arises under the Patent Laws of
the United States, Title 35 of the United States Code.
10. Venue is proper in this district pursuant to, without limitation, 28 U.S.C. §§ 1391
and 1400.
III.
GENERAL AVERMENTS
All the paragraphs in this Complaint preceding and succeeding this Section III, “General
Averments”, are fully incorporated in this Section III by this reference.
A.
Plaintiff’s Patent Rights
11. United States Patent No. 6,669,346 B2 (“the Patent”) was duly and legally issued
on December 30, 2003.
12. Plaintiff is the owner of all rights in and to the Patent, and a true and correct copy
of the Patent is attached hereto as Exhibit A.
B.
Defendants and their Infringing Activity
13. Defendants TennMan and Mr. Timberlake have put on and presented concert
performances using a large-audience display screen that infringes upon certain claims in the
Patent. See, e.g., Exhibit B. This infringing activity occurred, without limitation, during the
“FutureSex/LoveShow Tour” which was performed in the United States (upon information and
4
belief, tickets to certain of these performances were intentionally advertised and sold to concert
attendees residing in the Eastern District of Texas), and which was also intentionally video-
recorded and then presented for broadcast via HBO and sale via DVD and other media and/or
otherwise reproduced throughout the United States, including the Eastern District of Texas.
14. Defendant Lakers has put on and presented and continues to put on and present
sporting events using a large-audience display screen that infringes upon certain claims in the
Patent. See, e.g., Exhibit C. This infringing activity has occurred and continues to occur,
without limitation, at Los Angeles Lakers basketball games that are played in the United States at
the Staples Center in California, and which are intentionally broadcast and/or reproduced
throughout the United States, including the Eastern District of Texas.
15. Defendants Ms. Spears and Britney Touring have put on and presented and
continue to put on and present concert performances using a large-audience display screen that
infringes upon certain claims in the Patent. See, e.g., Exhibit D. This infringing activity
occurred and continues to occur, without limitation, during the “Circus Tour” which has been
performed throughout the United States and, upon information and belief, tickets to certain of
these performances were intentionally advertised and sold to concert attendees residing in the
Eastern District of Texas.
16. Defendant Pussycat Dolls has put on and presented and continues to put on and
present concert performances using a large-audience display screen that infringes upon certain
claims in the Patent. See, e.g., Exhibit E. This infringing activity occurred and continues to
occur, without limitation, during the Pussycat Dolls’ opening shows for Ms. Spears during the
“Circus Tour” which have been performed throughout the United States and, upon information
5
and belief, tickets to certain of these performances were intentionally advertised and sold to
concert attendees residing in the Eastern District of Texas.
17. Defendants have put on and/or presented and continue to put on and/or present
their infringing performances or sporting events in a wide range of locations throughout the
United States and the world, including Texas and Western Louisiana, and, upon information and
belief, and without limitation, (a) advertising for such infringing events has occurred in the state
of Texas, including the Eastern District of Texas, (b) tickets to these infringing performances
have been directly and/or indirectly sold in the state of Texas and, upon information and belief,
the Eastern District of Texas, and (c) certain of said infringing events have been broadcast,
reproduced and/or sold on DVD and/or other media in the State of Texas and the Eastern District
of Texas.
18. The intentionally infringing activities of Defendants are and have been without
authorization from Plaintiff.
IV.
CAUSES OF ACTION
All the paragraphs in this Complaint preceding and succeeding this Section IV, “Causes
of Action”, are fully incorporated in this Section IV by this reference.
A.
Count 1
Patent Infringement
19. This cause of action arises under the Patent Laws of the United States, Title 35,
United States Code.
20. Defendants have infringed and continue to infringe the Patent under 35 U.S.C. §
271 et seq. This infringement was and is willful and intentional.
6
21. Defendants have, without authority, consent, right or license, and in direct
infringement of the Patent, intentionally put on and/or presented infringing performances in this
country, and, a substantial part of Defendants’ infringing activities have occurred in the state of
Texas, including the Eastern District of Texas.
22. Defendants’ infringing conduct is willful, intentional, and unlawful and, upon
information and belief, will continue unless enjoined by this Court.
B.
Count 2
Inducement of Patent Infringement
23. This cause of action arises under the Patent Laws of the United States, Title 35,
United States Code, in particular under 35 U.S.C. § 271(b).
24. Defendants have, in this country, actively and/or intentionally induced others to
infringe upon the Patent.
25. Defendants’ infringing conduct is willful, intentional, and unlawful and, upon
information and belief, will continue unless enjoined by this Court.
V.
DAMAGES
All the paragraphs in this Complaint preceding and succeeding this Section V,
“Damages”, are fully incorporated in this Section V by this reference.
26. By reason of Defendants’ acts complained of herein, Plaintiff has suffered
monetary damages in an amount that has not yet been determined, including but not limited to
any and all past and future actual, incidental, general, special, direct, consequential, and lost
profits damages associated with, produced and/or proximately caused by Defendants’ conduct, as
more specifically described hereinabove. These damages also include, but are not limited to,
7
reasonable royalties. Plaintiff further seeks any and all exemplary damages, attorneys’ fees,
costs, and pre-judgment and post-judgment interest.
27. Plaintiff has suffered, is suffering, and will continue to suffer irreparable harm
and injury as a result of Defendants’ aforesaid unlawful and intentional activities. Defendants
will, unless restrained and enjoined, continue to act in the unlawful manner complained of
herein, all to Plaintiff’s irreparable damage. Plaintiff’s remedy at law is not adequate to
compensate it for the injuries suffered and threatened. Pursuant to 35 U.S.C. § 283 and all other
applicable authorities, Plaintiff requests the Court enter an injunction barring Defendants from in
any way further infringing on the Patent. Plaintiff further requests that the Court, upon trial of
this case, grant a permanent injunction against Defendants barring them from in any way further
infringing on the Patent. The injunction requested is necessary because in its absence,
Defendants may continue to infringe upon the Patent, thereby proximately causing further
irreparable and severe business and financial injury to the Plaintiff, all to Plaintiff’s detriment.
28. Plaintiffs will show at trial in support of a permanent injunction: Plaintiff is the
lawful owner of the valid Patent issued by the United States Patent and Trademark Office and
which have been unlawfully infringed by Defendants for the reasons stated herein. Plaintiff has
suffered irreparable harm for which a remedy at law alone will be inadequate to compensate
Plaintiff for such injury. When considering the relevant balance of hardships between Plaintiff
and the Defendants, a remedy in equity is warranted. The public interest would furthermore be
disserved if the Court does not grant a permanent injunction.
VI.
REQUEST FOR JURY TRIAL
29. Plaintiff has paid the required fee and hereby demands that this cause be tried by a
jury.
8
VII.
NOTICE OF REQUIREMENT OF LITIGATION HOLD
30. Defendants are hereby notified that they are legally obligated to locate, preserve
and maintain all records, notes, drawings, documents, data, communications, materials,
electronic recordings, audio/video/photographic recordings and digital files including edited and
unedited, and unedited or “raw” source material, and other information and tangible things that
Defendant(s) know, or reasonably should know, may be relevant to actual or potential claims,
counterclaims, defenses and damages by any party or potential party in this lawsuit, whether
created or residing in hard copy form or in the form of electronically stored information
(hereafter collectively referred to as “Potential Evidence”).
31. As used above, the phrase “electronically stored information” includes without
limitation: computer files (and file fragments), e-mail (both sent and received, whether internally
or externally), information concerning e-mail (including but not limited to logs of e-mail history
and usage, header information, and deleted but recoverable e-mails), text files (including drafts
and revisions, and active and deleted word processing documents), instant messages, audio
recordings and files, video footage and files, audio files, photographic footage and files,
spreadsheets, databases, calendars, telephone logs, contact manager information, internet usage
files, and all other information created, received or maintained on any and all electronic and/or
digital forms, sources and media, including, without limitation, any and all hard disks, removable
media, peripheral computer or electronic storage devices, laptop computers, mobile phones,
personal data assistant devices, Blackberry devices, iPhones, video cameras and still cameras,
and any and all other locations where electronic data is stored. These sources may also include
the personal electronic, digital and storage devices of any and all of Defendants’ agents or
employees if Defendants’ electronically stored information resides there.
9
32. Defendants are hereby further notified and forewarned that any alteration,
destruction, negligent loss, or unavailability, by act or omission, of any Potential Evidence may
result in damages or a legal presumption by the Court and/or jury that the Potential Evidence is
not favorable to Defendants’ claims and/or defenses. See Sensonics, Inc. v. Aerosonic Corp., 81
F.3d 1566, 1572 (Fed. Cir. 1996) (“failure to retain relevant records during the litigation period
allows for a strong adverse inference to be drawn against the party who failed to retain the
records”). To avoid such a result, Defendants’ preservation duties include, but are not limited to,
the requirement that Defendants immediately notify their agents and employees to halt and/or
supervise the auto-delete functions of Defendants’ electronic systems and refrain from deleting
Potential Evidence either manually or through a policy of periodic deletion. See Zubulake v.
UBS Warburg LLC, 220 F.R.D. 212, 218 (S.D.N.Y. 2003) (“a party in litigation must suspend its
routine document retention/destruction policy and establish a “litigation hold” to ensure the
preservation of relevant documents”).
VIII.
PRAYER
All of the paragraphs in this Complaint preceding and succeeding this Section VIII,
“Prayer”, are fully incorporated in this Section VIII by this reference.
33. WHEREFORE, Plaintiff demands that Defendants be summoned to appear and
answer, and that on final hearing Plaintiff have judgment from this Court against Defendants for
the following:
(a) That Defendants and their agents, officers, directors, employees, servants,
representatives, privies, successors and assigns, and all holding by,
through or under Defendants, and all those acting for or on the behalf of
Defendants, or in active concert, participation, or combination with
10
Defendants, be enjoined and restrained, immediately and preliminarily,
during the pendency of this action and permanently thereafter from
infringing upon the Patent and from inducing others to infringe upon the
Patent;
(b) That Defendants be required to pay to Plaintiff such damages as Plaintiff
has sustained in consequence of Defendants’ infringement of the Patent.
(c) That, in the alternative, a reasonable royalty be awarded to Plaintiff
pursuant to 35 U.S.C. § 284.
(d) That Defendants be ordered to account for and pay over to Plaintiff all of
Defendants’ respective gains, profits and advantages derived from the
infringement of the Patent or such damages as to the Court shall appear
proper within the patent laws.
(e) That Defendants be ordered to pay Plaintiff enhanced damages (including,
without limitation, treble damages).
(f) That Defendants be ordered to pay to Plaintiff the costs of this action,
prejudgment interest, and post-judgment interest.
(g) That this case be found to be exceptional.
(h) That Defendants be ordered to pay Plaintiff’s reasonable attorneys’ fees,
experts’ fees, and costs.
(i) That Plaintiff be awarded such other and further relief as the Court may
deem just and proper.
11
Respectfully Submitted,
The BURK LAW FIRM, P.C.
/s/ Michael G. Burk
Michael G. Burk
Texas Bar No. 03386500
248 Addie Roy Road, Suite A-203
Austin, Texas 78746
Phone: (512) 306-9828
Facsimile: (512) 306-9825
Lead Counsel
• • •
Of Counsel to the Burk Law Firm, P.C.: Colten W. Smith
Texas State Bar No. 50511600
Joseph W. Schultz
Texas State Bar No. 24002913
248 Addie Roy Road, Suite A-203
Austin, Texas 78746
Phone: (512) 306-9828
Facsimile: (512) 306-9825
• • •
MEYERTONS, HOOD, KIVLIN,
KOWERT & GOETZEL, P.C.
Eric B. Meyertons
Texas State Bar No. 14004400
Ryan T. Beard
Texas State Bar No. 24012264
700 Lavaca, Suite 800
Austin, Texas 78701
(512) 853-8800 (telephone)
(512) 853-8801 (facsimile)
ATTORNEYS FOR PLAINTIFF
JS 44 (Rev. 12/07) CIVIL COVER SHEETThe 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 providedby local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiatingthe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(c) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
! 1 U.S. Government ! 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ! 1 ! 1 Incorporated or Principal Place ! 4 ! 4
of Business In This State
! 2 U.S. Government ! 4 Diversity Citizen of Another State ! 2 ! 2 Incorporated and Principal Place ! 5 ! 5
Defendant(Indicate Citizenship of Parties in Item III)
of Business In Another State
Citizen or Subject of a ! 3 ! 3 Foreign Nation ! 6 ! 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
! 110 Insurance PERSONAL INJURY PERSONAL INJURY ! 610 Agriculture ! 422 Appeal 28 USC 158 ! 400 State Reapportionment
! 120 Marine ! 310 Airplane ! 362 Personal Injury - ! 620 Other Food & Drug ! 423 Withdrawal ! 410 Antitrust
! 130 Miller Act ! 315 Airplane Product Med. Malpractice ! 625 Drug Related Seizure 28 USC 157 ! 430 Banks and Banking
! 140 Negotiable Instrument Liability ! 365 Personal Injury - of Property 21 USC 881 ! 450 Commerce
! 150 Recovery of Overpayment ! 320 Assault, Libel & Product Liability ! 630 Liquor Laws PROPERTY RIGHTS ! 460 Deportation
& Enforcement of Judgment Slander ! 368 Asbestos Personal ! 640 R.R. & Truck ! 820 Copyrights ! 470 Racketeer Influenced and
! 151 Medicare Act ! 330 Federal Employers’ Injury Product ! 650 Airline Regs. ! 830 Patent Corrupt Organizations
! 152 Recovery of Defaulted Liability Liability ! 660 Occupational ! 840 Trademark ! 480 Consumer Credit
Student Loans ! 340 Marine PERSONAL PROPERTY Safety/Health ! 490 Cable/Sat TV
(Excl. Veterans) ! 345 Marine Product ! 370 Other Fraud ! 690 Other ! 810 Selective Service
! 153 Recovery of Overpayment Liability ! 371 Truth in Lending LABOR SOCIAL SECURITY ! 850 Securities/Commodities/
of Veteran’s Benefits ! 350 Motor Vehicle ! 380 Other Personal ! 710 Fair Labor Standards ! 861 HIA (1395ff) Exchange
! 160 Stockholders’ Suits ! 355 Motor Vehicle Property Damage Act ! 862 Black Lung (923) ! 875 Customer Challenge
! 190 Other Contract Product Liability ! 385 Property Damage ! 720 Labor/Mgmt. Relations ! 863 DIWC/DIWW (405(g)) 12 USC 3410
! 195 Contract Product Liability ! 360 Other Personal Product Liability ! 730 Labor/Mgmt.Reporting ! 864 SSID Title XVI ! 890 Other Statutory Actions
! 196 Franchise Injury & Disclosure Act ! 865 RSI (405(g)) ! 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ! 740 Railway Labor Act FEDERAL TAX SUITS ! 892 Economic Stabilization Act
! 210 Land Condemnation ! 441 Voting ! 510 Motions to Vacate ! 790 Other Labor Litigation ! 870 Taxes (U.S. Plaintiff ! 893 Environmental Matters
! 220 Foreclosure ! 442 Employment Sentence ! 791 Empl. Ret. Inc. or Defendant) ! 894 Energy Allocation Act
! 230 Rent Lease & Ejectment ! 443 Housing/ Habeas Corpus: Security Act ! 871 IRS—Third Party ! 895 Freedom of Information
! 240 Torts to Land Accommodations ! 530 General 26 USC 7609 Act
! 245 Tort Product Liability ! 444 Welfare ! 535 Death Penalty IMMIGRATION ! 900Appeal of Fee Determination
! 290 All Other Real Property ! 445 Amer. w/Disabilities - ! 540 Mandamus & Other ! 462 Naturalization Application Under Equal Access
Employment ! 550 Civil Rights ! 463 Habeas Corpus - to Justice
! 446 Amer. w/Disabilities - ! 555 Prison Condition Alien Detainee ! 950 Constitutionality of
Other ! 465 Other Immigration State Statutes
! 440 Other Civil Rights Actions
V. ORIGINTransferred fromanother district(specify)
Appeal to DistrictJudge fromMagistrateJudgment
(Place an “X” in One Box Only)
! 1 OriginalProceeding
! 2 Removed fromState Court
! 3 Remanded fromAppellate Court
! 4 Reinstated orReopened
! 5 ! 6 MultidistrictLitigation
! 7
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Brief description of cause:
VII. REQUESTED IN
COMPLAINT:
! CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
DEMAND $ CHECK YES only if demanded in complaint:
JURY DEMAND: ! Yes ! No
VIII. RELATED CASE(S)
IF ANY(See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Large Audience Display Systems, LLC
Tyler County, TX
Michael G. Burk, The Burk Law Firm, P.C.248 Addie Roy Road, Suite A-203, Austin, Texas 78746512.306.9828
Tennman Productions, LLC, Justin Timberlake, Los Angeles Lakers,Inc., Britney Touring, Inc., Britney Spears and Pussycat Dolls, LLC
Unknown
Patent Laws of the United States, Title 35. United States Code
Patent Infringement and Inducement of Patent Infringement
✔
11/11/2009 /s/ Michael G. Burk
JS 44 Reverse (Rev. 12/07)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as requiredby law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the useof the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaintfiled. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use onlythe full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, givingboth name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the timeof filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,the county of residence of the “defendant” is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, notingin this section “(see attachment)”.
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in oneof the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to theConstitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of thedifferent parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this sectionfor each principal party.
IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficientto enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, selectthe most definitive.
V. Origin. Place an “X” in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petitionfor removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrictlitigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this boxis checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutesunless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbersand the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Exhibit B
Exhibit C
Exhibit D
Exhibit E