Fill and Sign the System Jury Trial Form

IN THE UNITED STATES DISTRICT COURT FOR THE ____________ DISTRICT OF ___________ ___________________ DIVISION NAME OF PLAINTIFF )       ) ) V. ) NO.       ) ) NAME OF DEFENDANT )       ) ) COMPLAINT AND JURY DEMAND COMES NOW the Plaintiff, __________ by and through his attorneys, and states the following as his claims in this matter: THE PARTIES 1. Plaintiff __________ is an adult resident of _____________ County, ______________ and was a dairy farmer in such county at all times relevant to this matter. 2. Defendant __________ is a _____________ corporation doing business in the State of _____________, engaged in the business of designing, manufacturing, marketing and sales of various items of farm machinery and equipment as well as other products. 3. Defendant __________ was a Delaware corporation doing business in the State of ____________ and is engaged in the business of designing, manufacturing, marketing, and the sales of various items of farm machinery and equipment. __________ was a wholly - owned subsidiary of __________ and is now a division of __________. 4. __________ was a ________________ corporation doing business in the State of __________ and had been engaged in the business of selling, distributing, installing, assembling, servicing, repairing and modifying farm equipment and machinery, systems and feed ration programs in its capacity as agent representative for the other named Defendants herein. __________ later became known as __________. 5. The amount in controversy in this action exceeds $50,000.00, exclusive of interest and costs. 6. There is complete diversity of citizenship between the parties. 7. This Court therefore has diversity jurisdiction based upon 28 USC § 1331 and 1332. 8. This litigation also involves a federal question because Plaintiff asserts a claim under the Racketeer Influenced and Corrupt Organizations Act, 18 USC § 1961, et seq. 9. In the early _____s, the __________ began taking over the daily operations of the crop and dairy farm owned by the __________ father. 10. Beginning in the early ____s and continuing over the next several years, the Plaintiff built the dairy operations of the farm and eventually had a milking herd that averaged 100 cows. 11. From 1962 on, the __________ were contacted on many occasions by salesmen of __________ about purchasing new _______________ systems for the farm. 12. Over that same period of time, the Plaintiff also was furnished with various sales materials including: (a) Printed __________ materials from __________ bearing __________ name and/or symbol regarding the _____________ system, which included, by way of example: (i) "Branding New Horizons"; (ii) "Cornlage - Corn Silage At Its Best Processed Through a _________ System"; (iii) "High Moisture Grain Storage (The Fuel Saver)"; (iv) "The Harvestore System- How It Can Help Make Every Livestock Farm More Efficient and More profitable"; (v) "Revolution in Blue"; (vi) "Harvestore System Haylage- the high - profit way to manage forage crops"; (vii) "Turning Point. Your Efficiency Planning Guide"; and (viii) "Here's How". (b) Films produced by __________ and __________ touting the benefits of the Harvestore system, including, but not limited to, "__________________________________," "________________," "Total Ration - Dairy," and "Getting Bigger Without Getting Better." (c) These materials and films represented the ___________ to be "_________________" during normal operation. 13. The Plaintiff was also taken on tours of various farms in __________ at which time representations similar or identical to those contained in the materials and films identified in paragraph 14 were made about the _______________ system and its impact on the operations of the farms visited. 14. During this same period, the salespersons of __________ made numerous representations about the _____________ system, how it would operate, the impact its operation would have on the performance of Plaintiffs' farm and the profits Plaintiffs' farm would earn from use of the ________________ system. The representations included: (a) The _________________ system was an "__________________________" system and keeping the feed in the _____________ system was like storing food in a fruit jar; (b) The feed fed to the cows from the _______________ system would be better for the cows than feed fed from other feed storage systems; (c) Plaintiff would spend less on feed and supplements for their cows using the _______________ system. (d) The savings realized by Plaintiff would pay for the _____________ system. 15. The representations of __________ repeated the representations contained in the ___________ system sales literature bearing __________'s name and/or symbol, which were provided to the Plaintiffs. 16. From at least _____ on, Plaintiff was exposed to and reviewed the contents of _______________ Farmer magazine. This magazine contained representations about the _______________ Feed Storage System that repeated those made in the promotional materials and in the sales presentations of __________. 17. Based on all of these representations, in _____ the Plaintiff decided to lease a 20 x 60 ____________ system in which to store haylage. 18. The new ________________ structure was installed on Plaintiff’s farm in _______, ____ by __________. 19. Upon installation and filling, the Plaintiff followed the advice of __________ and began to gradually change the rations being fed to their milking cows, including feeding greater amounts of haylage and gradually eliminating purchased protein supplements from their rations. 20. As a direct and proximate result of their use of these ________ systems, Plaintiff experienced: (a) Depressed milk production; (b) Breeding problems; (c) A less thrifty physical condition of the dairy herd; and (d) Other damages and problems with his heard. 21. Plaintiff would show that he is entitled to damages from and of the defendant in the amount of _____________, dollars. WHEREFORE, Plaintiff demands judgment of and from the Defendant in the amount of _________ dollars, plus pre and post judgment interest. Plaintiff prays for such other relief as the Court determines he is entitles. Respectfully submitted, __________________________