Fill and Sign the Civil Cover Sheet 497337294 Form

CIVIL COVER SHEETJS44 (Rev. 3/99) The JS44 civil cover sheet and the information contained herein neither replace nor supplement the flinn and service of pleadinns or other papers as required by 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 use of the Clerk of Court for the purpose of initiatinn the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I (a) PLAINTIFFS _________________________________ (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF _________________________________ (EXCEPT IN U.S. PLAINTIFF CASES) DEFENDANTS _________________________________ COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _________________________________ (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED (c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ ATTORNEYS (IF KNOWN) _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ II. BASIS OF JURISDICTION (PLACE AN X IN ONE BOX ONLY) 1 U.S. Government 3 Federal Question Plaintiff (U.S. Government Not a Party) 2 U.S. Government 4 Diversity Defendant (Indicate Citizenship of Parties IN Item III) III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN X IN ONE BOX (For Diversity Cases Only) FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) PTF DEF PTF DEF Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business in This State Citizen of Another State 2 2 Incorporated and Principal Place 5 5 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 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment Of Veteran  s Benefits 160 Stockholders  Suits 190 Other Contract 195 Contract Product Liability PERSONAL INJURY PERSONAL INJURY 310 Airplane 362 Personal Injury  315 Airplane Product Med Malpractice Liability 365 Personal Injury  320 Assault, Libel & Product Liability Slander 368 Asbestos 330 Federal Employers  Injury Product Liability Liability 340 Marine PERSONAL PROPERTY 345 Marine Product 370 Other Fraud Liability 371 Truth in Lending 350 Motor Vehicle 380 Other Personal 355 Motor Vehicle Property Damage Product Liability 385 Property Damage 360 Other Personal Injury Product Liability 610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 881 630 Liquor Laws 640 R.R. & Truck 650 Airline Regs. 660 Occupational Safety/Health 690 Other 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce/ICC Rates/etc. 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900 Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes 890 Other Statutory ActionsPROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark LABOR SOCIAL SECURITY 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt. Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ref. Inc. Security Act 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 210 Land Condemnation 220 Forecelosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 440 Other Civil Rights 510 Motions to Vacate Sentence HABEAS CORPUS: 530 General  535 Death Penalty 540 Mandamus & Other  550 Civil Rights 555 Prison Condition FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRS  Third Party 26 USC 7609 V. ORIGIN (PLACE AN x IN ONE BOX ONLY) Appeal to District Transferred from 7 Ju dge from 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 another district 6 Multidistrict Magistrate Proceeding State Court Appellate Court Reopened (Specify) Litigation Judgment VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.) ____________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ ___________ Check YES only if demanded in complaint: COMPLAINT : UNDER F.R.C.P. 23 JURY DEMAND: YES NO VIII. RELATED CASE(S) (See Instructions) IF ANY JUDGE __________________________ DOCKET NUMBER _____________________ DATE SIGNATURE OF ATTORNEY OF RECORD __________________________________________ _____________________ FOR OFFICE USE ONLY RECEIPT # ___________ AMOUNT ___________ APPLYING IFP ___________ JUDGE ___________ MAG. JUDGE ___________ 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 required by 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 use of 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 complaint filed. 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 only the 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, giving both 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 time of 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 firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section (see attachment). II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8 (a), Fed. R. Civ. P., which requires that jurisdictions be shown in pleading. Place an  X  in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction is 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 the Constitution, 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 box 1 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 the different 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 section for each principal party. IV. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. V. Nature of Suite. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV above, is sufficient to 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, select the most definitive. VI. 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 petition for 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 multidistrict litigation 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 box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) check this box for an appeal from a magistrate ’ s decision. VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, Fed. R. Civ. 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 relating pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.