Free Complaint - District Court of Delaware - Delaware

Case 1:08-cv-00151-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GROTTO PIZZA, INC., a Delaware Corporation, Plaintiff, v. GROTTINO, INC., a Delaware Corporation, and GIANLUCA ARIENZO, Defendants. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. ___________

COMPLAINT AND DEMAND FOR JURY TRIAL (Injunctive Relief Sought) Plaintiff GROTTO PIZZA, INC., ("GROTTO PIZZA" or "Plaintiff"), by its undersigned attorneys, alleges as follows, upon actual knowledge with respect to itself and its own acts, and upon information and belief as to all other matters: Nature Of The Action 1. This is a civil action for trademark, service mark, and trade name infringement,

trademark dilution, unfair competition, and deceptive trade practices, arising under federal and state statutes and the common law. GROTTO PIZZA brings this action against Defendants GROTTINO, INC. and GIANLUCA ARIENZO (collectively, "GROTTINO" or "Defendants") because GROTTINO has used, and continues to use, the word GROTTINO as a part of its name and mark in association with a restaurant that competes directly with GROTTO PIZZA's restaurants in the same geographic market. GROTTINO's accused name and mark are for all practical purposes identical to the name and registered and common law marks GROTTO PIZZA has long used in the course of its business, and GROTTINO's use of its accused name and mark

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has caused, and will continue to cause, a likelihood of confusion and actual confusion in the marketplace unless enjoined by this Court. The Parties 2. Plaintiff GROTTO PIZZA is a Delaware corporation with its principal place of

business at 20376 Coastal Highway, Rehoboth Beach, DE 19971, within this judicial district. 3. Defendant GROTTINO is a Delaware corporation with its principal place of

business at 1222 Beaver Brook Plaza, New Castle, DE 19720, within this judicial district. 4. Defendant GIANLUCA ARIENZO is an individual resident of the State of

Delaware, and an owner and registered agent of Defendant GROTTINO. Jurisdiction And Venue 5. This action arises under the federal Trademark Act, 15 U.S.C. §§ 1051 et seq.,

and under the laws of the State of Delaware, both statutory and common law. Subject matter jurisdiction over this action is conferred upon this Court by 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338(a) and (b). Pursuant to 28 U.S.C. § 1367(a), this Court has supplemental jurisdiction over Plaintiff's state law claims because those claims are substantially related to Plaintiff's federal Trademark Act claim. 6. Defendants are subject to the in personam jurisdiction of this Court because they

are doing business in this District. Venue is proper in the District of Delaware pursuant to 28 U.S.C. § 1391(b) and (c) because Plaintiff is being harmed in this District and Defendants are using the infringing GROTTINO mark and name in this District. Plaintiff And Its GROTTO Name And Mark 7. Plaintiff GROTTO PIZZA provides restaurant services under the service mark

GROTTO PIZZA through fifteen (15) company-owned restaurants located in the State of

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Delaware. Plaintiff has used the name and marks GROTTO and GROTTO PIZZA (collectively, "the GROTTO Name and Marks") continuously since at least as early as 1960 in the course of its business. "Grotto" is an Italian word meaning "cave." 8. GROTTO PIZZA owns United States Trademark Registration No. 1,670,423

dated December 31, 1991, for "pizza." (Copy of Reg. No. 1,670,423 attached as Exhibit 1.) GROTTO PIZZA's Reg. No. 1,670,423 was renewed on March 5, 2002, and is currently valid and subsisting on the Principal Register of the PTO in GROTTO PIZZA's name. Pursuant to 15 U.S.C. § 1065, Reg. No. 1,670,423 has become incontestable and therefore constitutes conclusive evidence of the validity of the registered mark, of GROTTO PIZZA's ownership of the registered mark, and of GROTTO PIZZA's exclusive right to use the registered mark in commerce, as provided by 15 U.S.C. § 1115(b). 9. GROTTO PIZZA owns United States Service Mark Registration No. 3,020,846

dated November 29, 2005, for the mark GROTTO PIZZA and DESIGN shown below for "Restaurant services." (Copy of Reg. No. 3,020,846 attached as Exhibit 2.) GROTTO PIZZA's Reg. No. 3,020,846 is currently valid and subsisting on the Principal Register of the PTO in GROTTO PIZZA's name.

10.

GROTTO PIZZA's business has grown steadily since its inception. Beginning

with one beach-front location that sold only pizza, GROTTO PIZZA currently owns fifteen locations throughout Delaware and has licensed three additional locations in Eastern Pennsylvania, all of which sell a varied menu of items including its signature pizza. Since it

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opened its first restaurant in 1960, GROTTO PIZZA has generated substantial revenue from operating its restaurants under its well-known GROTTO PIZZA mark. For example, in 2007, GROTTO served in excess of 2.7 million customers and generated sales in excess of $30 million in Delaware alone. Over the years, GROTTO PIZZA's customers have come to expect superior quality services from GROTTO PIZZA, and associate these qualities with GROTTO PIZZA and the GROTTO Name and Marks. 11. To aid in generating its substantial sales, GROTTO PIZZA expends substantial

amounts to advertise and promote the GROTTO Name and Marks in various media, including through print, television and radio advertising, through signage and flyers and through its website located at the domain name "www.grottopizza.com". In 2007 alone, GROTTO PIZZA's advertising and promotional expenses were approximately $500,000. GROTTO PIZZA also engages in substantial charitable activities throughout its trading area. 12. The GROTTO Name and Marks are inherently distinctive and have enjoyed

and/or acquired secondary meaning long prior to GROTTINO's adoption and use of the infringing "GROTTINO" name and mark, and are therefore deserving of a broad scope of protection. 13. GROTTO PIZZA owns extensive and invaluable rights and goodwill in its

GROTTO Name and Marks by virtue of its long use of the GROTTO Name and Marks, its substantial promotional and marketing efforts, its substantial advertising and promotional expenditures, its strong sales and revenues, and third-party attention and acclaim generated in the course of its business of providing restaurant services, all in connection with the GROTTO Name and Marks. GROTTINO and its Wrongful Conduct

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14.

GROTTINO operates at least one restaurant under the name "Grottino Italian

Restaurant and Pizzeria" in New Castle, Delaware, under five (5) miles from GROTTO PIZZA's restaurant in Bear, Delaware and within ninety-five (95) miles of all 15 Delaware GROTTO PIZZA locations. GROTTINO means "little cave" and is a derivative of the Italian word "Grotto." A photograph showing the outside of Defendants' GROTTINO restaurant is attached as Exhibit 3. 15. GROTTINO adopted the GROTTINO name and mark long after GROTTO

PIZZA began using the GROTTO Name and Marks, and well after the GROTTO PIZZA and GROTTO PIZZA and DESIGN marks were registered in Plaintiff's name on the Principal Register of the U.S. Patent and Trademark Office. GROTTINO uses the GROTTINO mark in the course of its business in direct competition with Plaintiff. 16. Defendants' infringing use of the GROTTINO name and mark has caused actual

confusion in the market for the parties' products and services. GROTTO PIZZA has been advised by customers that they have been confused into wrongly believing that GROTTO PIZZA and GROTTINO were one and the same company offering the same services. Injury to GROTTO PIZZA 17. GROTTINO's use of the infringing GROTTINO name is likely to cause (and has

already caused) confusion, mistake, and deception as to the source or origin of GROTTINO, their activities, and/or their goods, and is likely to falsely suggest (and has already falsely suggested) a sponsorship, connection, license, or association between GROTTINO and/or their services with GROTTO PIZZA. This confusion, mistake, and deception will immediately and irreparably injure and tarnish the goodwill and reputation that Plaintiff has diligently labored to establish in its goods and business.

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18.

GROTTINO'S misappropriation of Plaintiff's GROTTO Name and Marks has

irreparably injured and, if permitted to continue, will continue to irreparably injure GROTTO PIZZA, GROTTO PIZZA's reputation and goodwill associated with the GROTTO Name and Marks, and GROTTO PIZZA's uncompromising reputation for exceedingly high-quality products. 19. 20. GROTTO PIZZA has suffered actual damages in an amount to be proven at trial. GROTTO PIZZA has no adequate remedy at law.

COUNT I FEDERAL TRADEMARK INFRINGEMENT UNDER 15 U.S.C. § 1114 21. GROTTO PIZZA repeats and realleges every allegation set forth in paragraphs 1

through 20, above. 22. GROTTINO's wrongful acts alleged herein by using a name and marks

substantially the same as, and confusingly similar to, GROTTO PIZZA's registered marks have already caused and are likely to continue to cause confusion, or to cause mistake, or to deceive as to the origin, sponsorship, or association of GROTTINO and its services and products with GROTTO PIZZA, or as to the origin, sponsorship, or approval of GROTTINO, its services and products, and its commercial activities by or with GROTTO PIZZA, and thus constitute infringement under 15 U.S.C. § 1115. COUNT II TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION UNDER SECTION 43(A) OF THE LANHAM ACT 15 U.S.C. § 1125(a) 23. GROTTO PIZZA repeats and realleges every allegation set forth in paragraphs 1

through 22, above. 24. GROTTINO's wrongful acts as alleged herein have already caused and are likely

to continue to cause confusion, or to cause mistake, or to deceive as to the origin, sponsorship, or

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association of GROTTINO and its services and products with GROTTO PIZZA, and its commercial activities by or with GROTTO PIZZA, and thus constitute trade and service mark infringement, trade name infringement and false designation of origin in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A). COUNT III TRADEMARK, SERVICE MARK, and TRADE NAME INFRINGEMENT UNDER COMMON LAW 25. GROTTO PIZZA repeats and realleges every allegation set forth in paragraphs 1

through 24, above. 26. GROTTINO's actions as described above and its use of a colorable imitation of

Plaintiff's GROTTO Name and Marks are likely to cause confusion with respect to goods and services that are of substantially the same character as those for which the GROTTO Name and Marks have already been legitimately appropriated by GROTTO PIZZA, and thus constitute trademark infringement of the GROTTO Name and Marks under the common law of Delaware. 27. As a direct and proximate result of the actions, conduct and practices of

Defendants alleged above, GROTTO PIZZA has suffered, and will continue to suffer, irreparable injury and damages. COUNT IV UNFAIR COMPETITION UNDER COMMON LAW 28. GROTTO PIZZA repeats and realleges every allegation set forth in paragraphs 1

through 27, above. 29. GROTTINO's actions as described above have caused, and are likely to cause,

GROTTINO's goods and services to be passed-off as those of GROTTO PIZZA, and thus constitute unfair competition with respect to GROTTO PIZZA and the GROTTO Name and Marks under the common law of Delaware. 7

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30.

As a direct and proximate result of the actions, conduct, and practices of

Defendants alleged above, GROTTO PIZZA has suffered, and will continue to suffer, irreparable injury and damages. COUNT V DECEPTIVE TRADE PRACTICES IN VIOLATION OF 6 DEL. C. § 2531 et seq. 31. GROTTO PIZZA repeats and realleges every allegation set forth in paragraphs 1

through 30, above. 32. GROTTINO's actions as described above have resulted in GROTTINO passing

off its goods or services as those of GROTTO PIZZA, and have caused, and are likely to cause, confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services with respect to GROTTO PIZZA and the GROTTO Name and Marks. 33. As a direct and proximate result of the actions, conduct, and practices of

Defendants alleged above, GROTTO PIZZA has suffered, and will continue to suffer, irreparable injury and damages. COUNT VI INJURY TO BUSINESS REPUTATION AND TRADEMARK DILUTION IN VIOLATION OF 6 DEL. C. § 3313 34. GROTTO PIZZA repeats and realleges every allegation set forth in paragraphs 1

through 33, above. 35. GROTTINO's actions as described above are likely to injure the business

reputation of GROTTO PIZZA and/or dilute the distinctive nature of the GROTTO Names and Marks in violation of the Delaware Trademark Act, 6 Del. C. § 3313.

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36.

As a direct and proximate result of the actions, conduct, and practices of

Defendants alleged above, GROTTO PIZZA has suffered, and will continue to suffer, irreparable injury and damages. Prayer For Relief WHEREFORE, GROTTO PIZZA requests that this Court enter judgment in its favor on each and every claim for relief set forth above and award it relief including, but not limited to, the following: A. A preliminary and permanent injunction enjoining GROTTINO and its officers,

directors, shareholders, employees, agents, subsidiaries, distributors, dealers, and all persons in active concert or participation with any of them from using any mark or name comprised of or containing the words GROTTO, GROTTINO, or any other confusingly similar mark or name, in any manner in connection with, among other things, its restaurant business operations, or any other services that will result in a likelihood of confusion, mistake, or misassociation with GROTTO PIZZA or the GROTTO Name and Marks. B. An order requiring GROTTINO to destroy and/or immediately retract all

materials comprised of or containing the GROTTINO mark or name. C. An order requiring GROTTINO to disseminate corrective advertising and to issue

press releases to address the actual and likely confusion that it has caused by its wrongful use of GROTTINO. D. An order requiring GROTTINO to account for and pay to GROTTO PIZZA all

profits arising from GROTTINO's unlawful acts, such profits to be increased pursuant to 15 U.S.C. § 1117 and other applicable laws.

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E.

An order requiring GROTTINO to pay GROTTO PIZZA damages, in an amount

to be determined at trial, but not less than $75,000, resulting from GROTTINO's unlawful acts, such damages to be trebled pursuant to 15 U.S.C. § 1117 and other applicable laws. F. An order requiring GROTTINO to pay GROTTO PIZZA's costs and attorneys'

fees in this action, pursuant to 15 U.S.C. § 1117 and other applicable laws. G. An order requiring GROTTINO to pay GROTTO PIZZA treble damages pursuant

to 6 Del. C. § 2533(c). H. An order requiring GROTTINO to pay GROTTO PIZZA's costs and attorneys'

fees in this action, pursuant to 6 Del. C. § 2533(b). I. Such other and further relief as the Court may deem appropriate. Jury Demand Plaintiff demands a trial by jury of all issues so triable in this action.

Dated: March 11, 2008

Respectfully submitted,

Of Counsel: Lawrence R. Robins FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 55 Cambridge Parkway Cambridge, MA 02142 Telephone: (617) 452-1600 Facsimile: (617) 452-1666 Email: [email protected]

By:

/s/ A. Dean Betts, Jr.

A. Dean Betts, Jr., Esq. (Bar I.D. No. 2844) Betts & Abram, P.A., 15 South Race Street P.O. Box 770 Georgetown, Delaware 19947 Telephone: (302) 856-7755 Email: [email protected] Attorneys for Plaintiff

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OJS 44 (Rev. 12/07)

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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 GROTTO PIZZA, INC. (b) County of Residence of First Listed Plaintiff

DEFENDANTS

GROTTINO, INC. and GIANLUCA ARIENZO
Sussex County
County of Residence of First Listed Defendant

New Castle

(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) Attorney's (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Lawrence R. Robins, FHFGD, 55 Cambridge Pkwy. Cambridge, MA 02142, 617.452.1600 II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff
' 1
U.S. Government Plaintiff

' 3 Federal Question (U.S. Government Not a Party) ' 4 Diversity
(Indicate Citizenship of Parties in Item III)

(For Diversity Cases Only) PTF Citizen of This State ' 1

DEF ' 1

and One Box for Defendant) PTF DEF Incorporated or Principal Place ' 4 ' 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation

' 2

U.S. Government Defendant

Citizen of Another State

' 2 ' 3

' '

2

' 5 ' 6

' 5 ' 6

Citizen or Subject of a Foreign Country

3

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

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

' ' ' ' ' ' ' ' '

' ' ' ' ' ' '

' 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 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
IMMIGRATION ' 462 Naturalization Application ' 463 Habeas Corpus Alien Detainee ' 465 Other Immigration Actions

' 422 Appeal 28 USC 158 ' 423 Withdrawal 28 USC 157
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

' ' ' ' '

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 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes

V. ORIGIN
' 1 Original Proceeding

(Place an "X" in One Box Only)

Appeal to District Appellate Court

' 2 Removed from
State Court

' 3 Remanded from

' 4 Reinstated or ' 5 Transferred from ' 6 Multidistrict another district Reopened Litigation (specify)

' 7 Judge from Magistrate
Judgment

15 U.S.C. Sec. 1051 et seq VI. CAUSE OF ACTION Brief description of cause: Trademark infringement, unfair competition and trademark dilution. CHECK YES only if demanded in complaint: DEMAND $ ' CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 75,000.00 ' Yes ' No JURY DEMAND: COMPLAINT:
VIII. RELATED CASE(S) IF ANY
DATE (See instructions):

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

JUDGE
SIGNATURE OF ATTORNEY OF RECORD

DOCKET NUMBER

FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 12/07)

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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 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 statutes 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.

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