Free COMPLAINT - District Court of Delaware - Delaware


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Date: September 6, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:99-mc-09999

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AO 440 (Rev. 10/01) Summons in a Civil Action

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UNITED STATES DISTRICT COURT
__________________________________________ District of DELAWARE

CATHERINE M. ALRED., Plaintiff

V.

ELI LILLY AND COMPANY, an Indiana Corporation, and MICHAEL ANDERSON, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) )

SUMMONS IN A CIVIL CASE

CASE NUMBER: C.A. No.

TO:

ELI LILLY AND COMPANY

c/o its registered agent, National Registered Agents, Inc. 160 Greentree Drive Suite 101 Dover, DE 19904

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFFS' ATTORNEY (name and address) Matthew F. Boyer (Del. Bar No. 2564) Timothy M. Holly (Del. Bar. No. 4106) Connolly Bove Lodge & Hutz LLP 1007 North Orange Street Wilmington, DE 19899-2207

days after service of this an answer to the complaint which is served on you with this summons, within 20 summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service.

___________________________________________
CLERK

________________________________________
DATE

_____________________________________________
(By) DEPUTY CLERK

Case 1:99-mc-09999
AO 440 (Rev. 10/01) Summons in a Civil Action

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Filed 02/12/2008

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RETURN OF SERVICE
Service of the Summons and Complaint was made by me1 NAME OF SERVER (PRINT) DATE TITLE

Check one box below to indicate appropriate method of service

o o

Served personally upon the defendant. Place where served: _______________________________________

_______________________________________________________________________________
Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and Discretion then residing therein. Name of person with whom the summons and complaint were left: ___________________________________ Returned unexecuted: ______________________________________________________________________

o

_____________________________________________________________________________________ _____________________________________________________________________________________ [x] Other (specify): Served summons and complaint upon defendant by delivering copies to the defendant's registered agent, National Registered Agents, Inc., 160 Greentree Drive Suite 101 Dover, DE 19904.

TRAVEL

STATEMENT OF SERVICE FEES SERVICES DECLARATION OF SERVER

TOTAL

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct.

Executed on ______________ Date

___________________________________________ Signature of Server

Connolly Bove Lodge & Hutz LLP 1007 North Orange Street Wilmington, DE 19801-2207
Address of Server

224388

1

As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.

Case 1:99-mc-09999
AO 440 (Rev. 10/01) Summons in a Civil Action

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Filed 02/12/2008

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UNITED STATES DISTRICT COURT
__________________________________________ District of DELAWARE

KENNETH BECKER, WILLIAM., YOUNGER, MARK RUSHING, WILLIAM BOYD, RICHARD GALUSKI, FRANK OWEN, NATHAN BUTLER, JAMES JARVAIS and ANDY COON, individually and on behalf of other similarly situated, Plaintiffs, V. MARATHON PETROLEUM COMPANY LLC, MURPHY OIL CORPORATION, THE PANTRY, INC., SPEEDWAY SUPERAMERICA, LLC and WILCO HESS LLC, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

SUMMONS IN A CIVIL CASE

CASE NUMBER: C.A. No.

TO:

MURPHY OIL CORPORATION

c/o its registered agent, The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFFS' ATTORNEY (name and address) Collins J. Seitz, Jr. Connolly Bove Lodge & Hutz LLP 1007 North Orange Street Wilmington, DE 19899-2207

days after service of this an answer to the complaint which is served on you with this summons, within 20 summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service.

___________________________________________
CLERK

________________________________________
DATE

_____________________________________________
(By) DEPUTY CLERK

Case 1:99-mc-09999
AO 440 (Rev. 10/01) Summons in a Civil Action

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Filed 02/12/2008

Page 4 of 10

RETURN OF SERVICE
Service of the Summons and Complaint was made by me2 NAME OF SERVER (PRINT) DATE TITLE

Check one box below to indicate appropriate method of service

o o

Served personally upon the defendant. Place where served: _______________________________________

_______________________________________________________________________________
Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and Discretion then residing therein. Name of person with whom the summons and complaint were left: ___________________________________ Returned unexecuted: ______________________________________________________________________

o

_____________________________________________________________________________________ _____________________________________________________________________________________ [x] Other (specify): Served summons and complaint upon defendant by delivering copies to the defendant's registered agent, The Corporation Trust Company, at 1209 Orange Street, Wilmington, DE 19801.

TRAVEL

STATEMENT OF SERVICE FEES SERVICES DECLARATION OF SERVER

TOTAL

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct.

Executed on

____________
Date

___________________________________________ Signature of Server

Connolly Bove Lodge & Hutz LLP 1007 North Orange Street Wilmington, DE 19801-2207
Address of Server

224388

2

As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.

Case 1:99-mc-09999
AO 440 (Rev. 10/01) Summons in a Civil Action

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Filed 02/12/2008

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UNITED STATES DISTRICT COURT
__________________________________________ District of DELAWARE

KENNETH BECKER, WILLIAM., YOUNGER, MARK RUSHING, WILLIAM BOYD, RICHARD GALUSKI, FRANK OWEN, NATHAN BUTLER, JAMES JARVAIS and ANDY COON, individually and on behalf of other similarly situated, Plaintiffs, V. MARATHON PETROLEUM COMPANY LLC, MURPHY OIL CORPORATION, THE PANTRY, INC., SPEEDWAY SUPERAMERICA, LLC and WILCO HESS LLC, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

SUMMONS IN A CIVIL CASE

CASE NUMBER: C.A. No.

TO:

THE PANTRY, INC.

c/o its registered agent, The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFFS' ATTORNEY (name and address) Collins J. Seitz, Jr. Connolly Bove Lodge & Hutz LLP 1007 North Orange Street Wilmington, DE 19899-2207

days after service of this an answer to the complaint which is served on you with this summons, within 20 summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service.

___________________________________________
CLERK

________________________________________
DATE

_____________________________________________
(By) DEPUTY CLERK

Case 1:99-mc-09999
AO 440 (Rev. 10/01) Summons in a Civil Action

Document 6-2

Filed 02/12/2008

Page 6 of 10

RETURN OF SERVICE
Service of the Summons and Complaint was made by me3 NAME OF SERVER (PRINT) DATE TITLE

Check one box below to indicate appropriate method of service

o o

Served personally upon the defendant. Place where served: _______________________________________

_______________________________________________________________________________
Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and Discretion then residing therein. Name of person with whom the summons and complaint were left: ___________________________________ Returned unexecuted: ______________________________________________________________________

o

_____________________________________________________________________________________ _____________________________________________________________________________________ [x] Other (specify): Served summons and complaint upon defendant by delivering copies to the defendant's registered agent, The Corporation Trust Company, at 1209 Orange Street, Wilmington, DE 19801.

TRAVEL

STATEMENT OF SERVICE FEES SERVICES DECLARATION OF SERVER

TOTAL

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct.

Executed on ______________ Date

___________________________________________ Signature of Server

Connolly Bove Lodge & Hutz LLP 1007 North Orange Street Wilmington, DE 19801-2207
Address of Server

224388

3

As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.

Case 1:99-mc-09999
AO 440 (Rev. 10/01) Summons in a Civil Action

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Filed 02/12/2008

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UNITED STATES DISTRICT COURT
__________________________________________ District of DELAWARE

KENNETH BECKER, WILLIAM., YOUNGER, MARK RUSHING, WILLIAM BOYD, RICHARD GALUSKI, FRANK OWEN, NATHAN BUTLER, JAMES JARVAIS and ANDY COON, individually and on behalf of other similarly situated, Plaintiffs, V. MARATHON PETROLEUM COMPANY LLC, MURPHY OIL CORPORATION, THE PANTRY, INC., SPEEDWAY SUPERAMERICA, LLC and WILCO HESS LLC, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

SUMMONS IN A CIVIL CASE

CASE NUMBER: C.A. No.

TO:

SPEEDWAY SUPERAMERICA LLC

c/o its registered agent, The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFFS' ATTORNEY (name and address) Collins J. Seitz, Jr. Connolly Bove Lodge & Hutz LLP 1007 North Orange Street Wilmington, DE 19899-2207

days after service of this an answer to the complaint which is served on you with this summons, within 20 summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service.

___________________________________________
CLERK

________________________________________
DATE

_____________________________________________
(By) DEPUTY CLERK

Case 1:99-mc-09999
AO 440 (Rev. 10/01) Summons in a Civil Action

Document 6-2

Filed 02/12/2008

Page 8 of 10

RETURN OF SERVICE
Service of the Summons and Complaint was made by me4 NAME OF SERVER (PRINT) DATE TITLE

Check one box below to indicate appropriate method of service

o o

Served personally upon the defendant. Place where served: _______________________________________

_______________________________________________________________________________
Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and Discretion then residing therein. Name of person with whom the summons and complaint were left: ___________________________________ Returned unexecuted: ______________________________________________________________________

o

_____________________________________________________________________________________ _____________________________________________________________________________________ [x] Other (specify): Served summons and complaint upon defendant by delivering copies to the defendant's registered agent, The Corporation Trust Company, at 1209 Orange Street, Wilmington, DE 19801.

TRAVEL

STATEMENT OF SERVICE FEES SERVICES DECLARATION OF SERVER

TOTAL

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct.

Executed on ______________ Date

___________________________________________ Signature of Server

Connolly Bove Lodge & Hutz LLP 1007 North Orange Street Wilmington, DE 19801-2207
Address of Server

224388

4

As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.

Case 1:99-mc-09999
AO 440 (Rev. 10/01) Summons in a Civil Action

Document 6-2

Filed 02/12/2008

Page 9 of 10

UNITED STATES DISTRICT COURT
__________________________________________ District of DELAWARE

KENNETH BECKER, WILLIAM., YOUNGER, MARK RUSHING, WILLIAM BOYD, RICHARD GALUSKI, FRANK OWEN, NATHAN BUTLER, JAMES JARVAIS and ANDY COON, individually and on behalf of other similarly situated, Plaintiffs, V. MARATHON PETROLEUM COMPANY LLC, MURPHY OIL CORPORATION, THE PANTRY, INC., SPEEDWAY SUPERAMERICA, LLC and WILCO HESS LLC, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

SUMMONS IN A CIVIL CASE

CASE NUMBER: C.A. No.

TO:

WILCO HESS, LLC

c/o its registered agent, The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFFS' ATTORNEY (name and address) Collins J. Seitz, Jr. Connolly Bove Lodge & Hutz LLP 1007 North Orange Street Wilmington, DE 19899-2207

days after service of this an answer to the complaint which is served on you with this summons, within 20 summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service.

___________________________________________
CLERK

________________________________________
DATE

_____________________________________________
(By) DEPUTY CLERK

Case 1:99-mc-09999
AO 440 (Rev. 10/01) Summons in a Civil Action

Document 6-2

Filed 02/12/2008

Page 10 of 10

RETURN OF SERVICE
Service of the Summons and Complaint was made by me5 NAME OF SERVER (PRINT) DATE TITLE

Check one box below to indicate appropriate method of service

o o

Served personally upon the defendant. Place where served: _______________________________________

_______________________________________________________________________________
Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and Discretion then residing therein. Name of person with whom the summons and complaint were left: ___________________________________ Returned unexecuted: ______________________________________________________________________

o

_____________________________________________________________________________________ _____________________________________________________________________________________ [x] Other (specify): Served summons and complaint upon defendant by delivering copies to the defendant's registered agent, The Corporation Trust Company, at 1209 Orange Street, Wilmington, DE 19801.

TRAVEL

STATEMENT OF SERVICE FEES SERVICES DECLARATION OF SERVER

TOTAL

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct.

Executed on

___________
Date

___________________________________________ Signature of Server

Connolly Bove Lodge & Hutz LLP 1007 North Orange Street Wilmington, DE 19801-2207
Address of Server

224388

5

As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.

JS 44 (Rev. 11/04)

Case 1:99-mc-09999

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CIVIL COVER SHEET
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 United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS
Catherine M. Alred

DEFENDANTS
Eli Lilly and Company and Michael Anderson (EXCEPT IN U.S. PLAINTIFF CASES) County Of Residence Of First Listed Defendant: Kent (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(b) County Of Residence of First Listed Plaintiff

(c) ATTORNEYS (FIRM NAME, ADDRESS AND TELEPHONE NUMBER)

ATTORNEYS (IF KNOWN)

MATTHEW F. BOYER (2564) TIMOTHY M. HOLLY (4106) CONNOLLY BOVE LODGE & HUTZ LLP 1007 N. Orange Street, P.O. Box 2207 Wilmington, Delaware 19899
II. BASIS OF JURISDICTION
1 U.S. Government Plaintiff

Telephone: (302) 658-9141
III. CITIZENSHIP OF PRINCIPAL PARTIES
(For Diversity Cases Only) 3 Federal Question (U.S. Government Not a Party) Citizen of This State 4 Diversity (Indicate Citizenship of Parties in Item III) Citizen of Another State 2 PTF 1 DEF 1
(Place an "X" in One Box for Plaintiff and One Box for Defendant)

(Place an "X" In One Box Only)

2 U.S. Government Defendant

Incorporated or Principal Place of Business in This State

PTF 4

DEF 4

2 Incorporated and Principal Place of Business in Another State 3 Foreign Nation

5

5

Citizen or Subject of a Foreign Country

3

6

6

IV. NATURE OF SUIT
CONTRACT

(Place an "X" In One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault. Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury PERSONAL INJURY 362 Personal Injury Med. Malpractice 365 Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS FORFEITURE/PENALTY 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 BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 OTHER STATUTES 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/ Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 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

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 196 Franchise REAL PROPERTY

PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRS - Third Party 26 USC 7609

LABOR 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. Ret. Inc. Security Act

CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities ­ Employment 446 Amer. w/Disabilities ­ Other 440 Other Civil Rights

210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

510 Motions to Vacate Sentence HABEAS CORPUS: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY) Transferred from 2 Removed from 3 Remanded from 4 Reinstated or 5 another district State Court Appellate Court Reopened (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 29 U.S.C. §2601 ACTION Brief description of cause: Discrimination and retaliation in violation of the Family Medical Leave Act 6 Multidistrict Litigation

1 Original Proceeding

Appeal to District Judge from 7 Magistrate Judgment

VI. CAUSE OF

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION COMPLAINT: UNDER F.R.C.P. 23 VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE
DATE 2/12/078 FOR OFFICE USE ONLY RECEIPT # AMOUNT

DEMAND: $

CHECK YES only if demanded in complaint: JURY DEMAND: YES DOCKET NUMBER

NO

SIGNATURE OF ATTORNEY OF RECORD /s/Matthew F Boyer, Esquire

APPLYING IFP

JUDGE

MAG. JUDGE

JS 44 Reverse (Rev. 11/04)

Case 1:99-mc-09999

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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS­44
Authority For Civil Cover Sheet The JS­44 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 the 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), F.R.C.P., which requires that jurisdictions be shown in pleadings. 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 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. 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 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. 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 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 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 statues unless 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 numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.