We
The J S 44 civil cover sheet and the infomation contained herein neither replace nor sugplement the tiling and service of pleadings or other Eapers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference o the United tates in September 1974, is required for the use oft e Clerk of ourt for the purpose of initiating .
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAIN TIFFS DEFENDANT S PATRICK AND JOE R0AcH’
STORK NEWS OF AMERICA, INC . d/ b / a Bundles of Joy and Delaware Stork News
(b) County of Residence of First Listed Plaintiff CL\'lllb€1‘].8I1d . NC County of Residence of First Listed Defendant N BW Cas IZ ].€
(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) Attomey’s (Firm Name, Andres, and reiepnerie Numl>er)K€V in A · Guéfké Attorneys (If Known)
Seitz , Van Ogtrop & Green, P .A. , P . 0 . Box; 68
_ _W:llm. , DE (302) 888-0600
II. BASIS OF JURISDICTION (Place an ··x·· an One ner Only) HI. CITIZENSI-HP OF PRINCIPAL PARTIES(1>1m an ·x·· in one ner ror risannrr
(For Diversity Cases Only) and One Box for Defendant)
CI 1 U.S. Govemment i3 Federal Question _ PTF DEF FFF DEF
Plaintiff (U.S. Government Not a Party) Citizen of ’I`his State D 1 m l Incorporated or Principal Place D 4 D 4
_ v_ A ofBusiness In This State
CI 2 U.S. Government i D 4 Diversity Citizen of Another State D 2 D 2 and Principal Place N 5 D 5
D°f°“°““‘ (Indicate clrlmrmp or Parties in item ru) °fB“‘“‘°†I" A“°°‘“ St"'
CitizenorSubjectofa CI 3 D 3 ForeignNation CI 6 D 6
Forei Co
IV. NATURE OF SUIT Place an ··x·· in one Box our
I I l 1 ..1 1 II LL 4 I BIT I E 1
D 1 10 Insurance PERSONAL INJURY PERSONAL INJURY D 610 Agriculture D 422 Appeal 28 USC 158 D 400 State Reapportionment
D 120 Marine lj 310 Airplane U 362 Personal Injury · U 620 Other Food dt Drug CI 423 Withdrawal Cl 410 Antitrust
D 130 Miller Act D 315 Airplane Product Med. Malpractice D 625 Drug Related Seizure 28 USC 157 U 430 Banks and Banking
CI 140 Negotiable Instrument Liability D 365 Personal Injury - of Property 21 USC 881 CI 450 Cornrnerce
D 150 Recovery of Overpayment D 320 Assault, Libel & Product Liability I] 630 Liquor Laws T 11 D 460 Deportation
& Enforcement of Judgment Slander D 368 Asbestos Personal D 640 RR & Truck Q 820 Copyrights D 470 Racketeer Influenced and
EI 151 Medicare Act Cl 330 Federal Employers’ Injury Product D 650 Airline Regs. D 830 Patent Comrpt Organizations
D 152 Recovery of Defaulted Liability Liability CI 660 Occupational D 840 Trademark Cl 480 Consumer Credit
Student Loans U 340 Marine PERSONAL PROPERTY Safety/Health _ Cl 490 Cable/Sat TV
(Excl. Veterans) CI 345 Marine Product G 370 Other Fraud D 690 Other D 810 Selective Service
CI 153 Recovery of Overpayment Liability lj 371 Tnrth in Lending §§I@'HH3${¤TlR`YH‘ · ’¤ D 850 Securitiea/Comm0dities/
of Veteran’s Benefits D 350 Motor Vehicle D 380 Other Personal D 710 Fair Labor Standards CI 861 I·HA (1395fi) Dtchange
D 160 Stockholders’ Suits D 355 Motor Vehicle Property Damage Act D 862 Black Lung (923) Cl 875 Customer Challenge
Cl 190 Other Contract Product Liability Cl 385 Property Damage D 720 Labor/Mgmt. Relations I3 863 DIWC/DIWW (405(g)) l2 USC 3410
CI _1 95 Ccnuact Product Liability D 360 Other Personal Product Liability D 730 Labor/Mgmt.Reporting D 864 SSID Title XVI CI 890 Other Statutory Actions
C}.196 Franchise In' · &. Disclosure Act U 865 RSI 40 ; D 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS; ·) ·" 5. PRISON * · 1*E‘1’IT! • Nsii CJ 740 Railway Labor Act r t " · c ¤ aé G 892 Ecouornic Stabilization Act
CI 210 Land Condemnation I] 441 Voting D 510 Motions to Vaeate D 790 OtherLaborLitigation D 870 Taxes (U.S. Plaintiff G 893 Fatvironmental Matters
D 220 Foreclosure D 442 Employment Sentence D 791 Empl. Ret. Inc. or Defendant) lJ 894 Energy Allocation Act
CJ 230 Rent Lease & Ejectment CI 443 Housing! Ilabeas Corpus: Semrrity Act CI 871 IRS—Third Party D 895 Freedom of Infomation
D 240 Torts to Land Accommodations D 530 General 26 USC 7609 Act
U 245 Tort Product Liability I] 444 Welfare Cl 535 Death Penalty ~ D 900Appeal of Fee Determination
CI 290 All Other Real Property D 445 Amer. w/Disabilities · G 540 Mandamus & Other Under Equal Access
Employment D 550 Civil Rights to Justice
D 446 Amer. w/Disabilities - D 555 Prison Condition CI 950 Constitutionality of
Other State Statutes
CI 440 Other Civil Rights
V. ·< ·• · A ul ID DISCTICI
on muim" X `"°°°B°x°"% z at El 5 T¤··¤*°=¤r¤*¤>¤· ut .. . ci 1 ’¤%;*`*°¤·
Original Removed from Remanded from Reinstated or another district Multldistrict Magistrate
PTOCCCQIIII Stale COLITI ·~ llate ¤ ti ' gn ·• 3•- ' ’ 1121 · ¤•• Jlld CII!
Cite the U.S. Civil Statute under which {ou are filing (Do not cite jurisdictional statutes unless diversity):
VI CAUSE OF ACTION 17 U S .C. Section 50 et: se • 15 U.S.C. Section 1114
‘ Brief description ofcause: *1788C O on rec
Co · rzl. ; ht; Infrin ement , Trademark Infrzln ement , Dece · tive Trade Practices ,
VII. REQUESTED IN I cmzcrc n= mis is A cr.Ass Acrrow DEMAND S CHECK YES only if
VIII. RELATED CASE(S) S _ _ _
IF ANY ( °° "â€Â°"‘°"°°“)‘ JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTO Y OF RECORD
4 / 6 / 05 _
MOV`!/\/\ , Kevin A. Guerke
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Case 1 :O5—cv—OO199-KAJ Docu ment 1-2 Filed O4/06/2005 Page 2 of 2
JS 44 Reverse (Rev. 11/04)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the infomation 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
ofthe 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 attomey 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 govemment agency, use only
the full name or standard abbreviations. If the plaintiff or defendant is an official within a govemment 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 ofthe county where the first listed plaintiff resides at the time
of filing. In U.S. plaintiff cases, enter the name ofthe 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) Attomeys. Enter the firm name, address, telephone number, and attomey of record. If there are several attomeys, 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 ofthe 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 V1 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 l404(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 ofthe cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553 _ _
Brief Description: Unaufliorized 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.
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms