Free Case Transferred In - District Transfer - District Court of California - California

OJS 44 (Rev. 3/99)

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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 civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I. (a) PLAINTIFFS
Scott Beall

DEFENDANTS
AU Optronics, Corp.

(b) County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES)

Shelby

County of Resid ence of First Listed (IN U.S. PLAINTIFF CASES ONLY)

Foreign Corp.

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE L A N D I N V O LV E D .

(c) Attorney's (Firm Name, Address, and Telephone Number)
Mark Schirmer 1661 International Place Dr., Ste 400 Memphis, TN 38120 (901) 818-3146

Attorneys (If Known)

N/A

II. BASIS OF JURISDICTION G 1 U.S. Government
Plaintiff

(Place an "X" in O ne Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place
(For Diversi ty Cases On ly)
DEF

an "X " in One Box fo r Plaintiff

and One Box for De fendant) DEF

G 3 Federal Question
(U.S. Govern ment Not a Party)

Citizen of This State

G 1

G1 G2 G3

Incorporated or Principal Pla ce of Business In This State

G 4

G4 G5 G6

G 2 U.S. Government
Defendant

G 4 Diversity
(Indicate Citi zenship of Part ies in Ite m III)

Citizen of Another State G 2

Incorporated and Principal Place G 5 of Business In Another State Foreign Nation

Citizen or Subject of a Foreign Country

G 3

G 6

IV. NAT URE O F SUIT
CONTRACT G G G G G G G G G G G G G G G G G
110 Insurance 120 Ma rine 130 Miller Act 140 Negotiable Instrument 150 R e c o ve r y o f O verpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recove ry of Overpayment of Veteran' s Benefits 160 Stoc kholders' S uits 190 Other Contract 195 Contract P roduct Liability

(Place a n "X" in One Box Only)
TORTS FORFEITURE/PENALTY G G G G G G G G G G G G G G
610 Agriculture 620 Other Food & Drug 625 Drug Related S eizure of Property 21 USC 6 3 0 Li q uo r L aw s 640 R.R. & Truck 650 Airline Regs. 660 Occupational Safety/Health 690 Other

BANKRUPTCY G G
422 Appeal 28 USC 158 423 Withdrawal 28 USC 157

OTHER STATUTES
State Reap portionment Antitrust Banks and Banking Commerce/ICC Rates/etc. Deportation Racke teer Influenced and Corrupt Organizations G 810 Selective Service G 850 Securities/Commodities/ Exchange G 875 Customer C hallenge 12 USC 3410 G 891 Agricultural A cts G 892 Economic Stabilization Act G 893 Environm ental Matters G 894 Energy Allocation Act G 895 Freedom of Information Act G 900 Appeal of Fee Determination Under E qual Acces s to Justice G 950 C onstitu tionality o f State Statutes G 890 Other Statutory Actions

G G G G G G G G G G G G G G

PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assa ult, Libe l & Slander 330 Federal Employers' Liability 340 Ma rine 345 Marine Product Liability 350 M otor V ehicle 355 M otor V ehicle Product Liability 360 Other Personal Injury

PERSONAL INJURY 362 Personal Injury-- Med. Malpractice G 365 Personal Injury -- Product Liability G 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY G 370 Other Fraud G 371 Truth in Lending G 380 Other Personal Property Damage G 385 Property Da mage Product Liability

G

PROPERTY RIGHTS G G G
820 Co pyrights 830 Patent 840 Trad emark

G G G G G G

400 410 430 450 460 470

LABOR
710 Fair Labor Standards Act 720 Labor/M gmt. Relations 730 Labor/M gmt.Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act

SOCIAL SECURITY G G G G G G G
861 H IA (13 95ff) 862 Black Lung (923) 863 DIW C/DIW W (405 (g)) 8 6 4 S SI D T it le X V I 865 RS I (405(g))

REAL PROPERTY
210 220 230 240 245 290 Land Condemnation Forec losure Rent Lease & Ejectment Torts to Land Tort P roduct Liability All Othe r Real Prop erty

CIVIL RIGHTS
441 Voting 442 Employment 443 Housing/ Accommod ations 444 W elfare 440 Othe r Civil Rights

PRISONER PETITIONS G G G G G G
510 M otions to Va cate Sentence Habeas Corpus: 530 General 535 De ath Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

FEDERAL TAX SUITS
870 T axes ( U.S. Plaintiff or Defenda nt) 871 IRS --Third P arty 26 USC 7609

V. ORIG IN G 1 Original
Proceeding

(PLACE AN "X" IN ONE BOX ONLY) G 2 Removed from
State Court

G3

Remanded from Appellate Court

Transferred from another district G 4 Reinstated or G 5 (specify) Reopened

G 6 Multidistrict
Litigation

Appeal to District Judge from G 7 Magistrate Judgment

VI. CAUSE OF ACTION

(Cite the U.S. Civil Statute under which you are filing and write brief statement of cause. Do not cite jurisd ictional statutes unless d iversity.)

Section 16 of the Clayton Act, 15 U.S.C. § 26; Section 1 of the Sherman Act, 15 U.S.C. § 1; TN's Trade Practices Act, Tenn. Code Ann. §§ 47-25-101, et seq.

VII. REQ UESTE D IN COMPLAINT: VIII. RELATED CASE(S) IF ANY
DATE

G

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 (See instructions): JUDGE

DEMAND $ Excess of $5 mil.

CHECK YES only if demanded in complaint: G No G Yes JURY DEMAND:

DOCKET NUMBER

S I G N A T UR E O F A T TO R N E Y O F R E C O R D

March 6, 2006
FOR OFFICE USE ONLY RECEIPT # AMOUN

s/ Mark J. Schirmer
APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 12/96)

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 plaint iff or defendant is a gov ernment 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 th e boxes. If th ere is more th an one basis of juris diction , preceden ce is given in the order shown belo w. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suit s by agencies and officers of the United States, are included here. United States defend ant. (2) When the pl aintiff is suing the Uni ted States, its officers o r agencies, place an "X" i n 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 princi pal par ty. 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 IV 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 i s granted, check this b ox. 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. VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. 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.