Case 1:18-cv-00303-UNA Document 1-2 Filed 02/22/18 Page 1 of 2 PageID #: 86
`
`Case 1:18-cv-00303-UNA Document 1-2 Filed 02/22/18 Page 1 of 2 PageID #: 86
`
`1844 (Rev. 06/17)
`
`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 ofthe United States in September 1974, is required for the use ofthe Clerk of Court for the
`purpose of initiating the civil docket sheet.
`(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)
`
`1. (a) PLAINTIFFS
`
`Baxter Healthcare Corporation
`
`(b) County of Residence of First Listed Plaintiff
`(EXCEPTIN U.S'. PLAINTIFF CASES)
`
`DEFENDANTS
`
`Hospira, Inc and Orion Corp.
`
`County of Residence of First Listed Defendant
`(IN US, PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED,
`
`NOTE:
`
`
`
`
`
`
`
`(C) Attorneys (Firm Name, Adz/rear, and Telephone Number)
`
`Attorneys (IfKImwn)
`
`Philip A. Rovner, Potter Anderson & Corroon LLP, Hercules Plaza, PO.
`Box 951, Wilmington, DE 19899 Tel: 302—984—6000
`
`II. BASIS OF JURISDICTION (Place an “X"in One Box Orr/)9
`
`D 1 US. Government
`
`3 3
`
`Federal Question
`(US Government No! a Part»
`
`Citizen ofThis State
`
`
`
`
`
`CitizenorSulricctofa
`
`Forei 'rr Courrtr
`
`D 2 US. Government
`Defendant
`
`D 4 Diversity
`(Indicate Citizens/1i]? rrf'l’ar'lier in Hum [11)
`
`Citizen ofAnother State
`
`DEF
`D l
`
`Incorporated or Principal Place
`ofBusiness In This State
`
`D 2
`
`D 2
`
`Incorporated and Principal Place
`of Business in Another Slate
`
`D 3
`
`D 3
`
`Foreign Nation
`
`D 5
`
`D 5
`
`D 6
`
`D 6
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an ‘2 "in One Box/hr Plaintiff
`(For Dr’verri/y Carer Orr/)9
`and One Brrxfor Defender")
`PTF
`PTF
`DEF
`D l
`D 4
`D 4
`
` IV. NATURE OF SUIT (Place an "X“ in One Bar (In/j)
`
`CONTRACT
`
`D 140 Negotiable Instrument
`D 150 Recovery ovaerpayment
`& Enforcement of Judgment
`D 151 Medicare Act
`D 152 Recovery of Defaulted
`Student Loans
`(Excludes Veterans)
`D 153 Recovery ofOVelpayment
`ofVeteran’s Benefits
`D 160 Stockholders’ Suits
`D 190 Other Contract
`D 195 Contract Product Liability
`
`TORTS
`PERSONAL INJURY
`PERSONAL INJURY
`D 310 Airplane
`D 365 Personal Injury -
`D 315 Airplane Product
`Product Liability
`Liability
`D 367 Health Care/
`D 320 Assault, Libel &
`Pharmaceutical
`Slander
`Personal Injury
`D 330 Federal Employers’
`Product Liability
`Liability
`D 368 Asbestos Personal
`D 340 Marine
`Injury Product
`D 345 Marine Product
`Liability
`Liability
`PERSONAL PROPERTY
`D 350 Motor Vehicle
`D 370 Other Fraud
`D 355 Motor Vehicle
`D 371 Truth in Lending
`Product Liability
`D 380 Other Personal
`D 360 Other Personal
`Property Damage
`Injury
`D 385 Property Damage
`D 362 Personal Injury —
`Product Liability
`Medical Mal ractice
`
`D 210 Land Condemnation
`
`D 230 Rent Lease & chctment
`D 240 Torts to Land
`D 245 Tort Product Liability
`D 290 All Other Real Property
`
`IIabcas Corpus:
`D 440 Other Civil Rights
`D 463 Alicn Detainee
`D 441 Voting
`D 5l0 Motions to Vacate
`D 442 Employment
`Sentence
`D 443 Housing/
`D 530 General
`Accommodations
`D 445 Amer. w/Disabilities - D 535 Death Penalty
`Employment
`Other:
`D 446 Amer. w/Disabilities - D 540 Mandamus & Other
`Other
`D 550 Civil Rights
`D 448 Education
`D 555 Prison Condition
`D 560 Civil Detainee —
`Conditions of
`Confinement
`
`FORFEITURE/PENALTY
`D 625 Drug Related Seizure
`ofProperty 21 USC 881
`D 690 Other
`
`Click here for: Nature ol‘Suit Code Descriptions.
`BANKRUPTCY
`OTHER STATUTES
`D 422 Appeal 28 USC 158
`D 375 False Claims Act
`D 423 Withdrawal
`D 376 Qui Tam (31 USC
`28 USC 157
`3729(a))
`D 400 State Reapportionment
`D 410 Antitrust
`3 430 Banks and Banking
`3 450 Commerce
`
`3 460 Deportation
`D 470 Racketeer Influenced and
`Corrupt Organizations
`D 480 Consumer Credit
`D 490 Cable/Sat TV
`D 850 Securities/Commodities/
`Exchange
`D 890 Other Statutory Actions
`D 891 Agricultural Acts
`D 893 Environmental Matters
`D 895 Freedom of Information
`Act
`D 896 Arbitration
`D 899 Administrative Procedure
`Act/Review or Appeal of
`Agency Decision
`D 950 Constitutionality of
`State Statutes
`
`D 820 Copyrights
`13 830 Patent
`D 835 Patent - Abbreviated
`New Drug Application
`D 840 Trademark
`
`D 861 HIA (l395ft)
`D 862 Black Lung (923)
`D 863 DIWC/DIWW (405(g))
`D 864 SSID Title XVI
`D 865 RSI (405(g))
`
`D 870 Taxes (US Plaintiff
`or Defendant)
`D 871 IRS—Third Party
`26 USC 7609
`
`D 710 Fair Labor Standards
`Act
`D 720 Labor/Management
`Relations
`D 740 Railway Labor Act
`D 751 Family and Medical
`Leave Act
`0 790 Other Labor Litigation
`D 791 Employee Retirement
`Income Security Act
`
`3 462 Naturalization Application
`
`3 465 Other Immigration
`Actions
`
`D 3
`
`Rernanded from
`Appellate Court
`
`D 6 Multidistrict
`Litigation —
`Transfer
`
`D 8 Multidistrict
`Litigation —
`Direct File
`
`V. ORIGIN (Place an “X" in One Box Only)
`D 2 Removed from
`D 4 Reinstated or D 5 Transferred from
`State Court
`Reopened
`Another District
`
`(spear/5;)
`Cite the US. Civil Statute under which you are filing (Do not citejurisdictional statutes unless diversity:
`
`35 U.S.C. Sections 100 et se . 28 U.S.C. Sections 2201 and 2202
`
`VI. CAUSE OF ACTION
`Briefdescription of cause:
` Declarator
`'ud ment re ardin
`
`
`
`D CHECK IF THIS rs A CLASS ACTION
`VII. REQUESTED IN
`COMPLAINT:
`UNDER RULE 23, F.R.Cv.Pr
`VIII. RELATED CASE(S)
`
`
`
`
`(Sueim'lrr/cliom): G. AndrewsIF ANY DOCKET NUMBER 15-697
`ORNEY OF RECORD
`
`
`atent infrin ement
`
`DEMAND S
`
`CHECK YES only if demanded in complaint:
`JURY DEMAND:
`D Yes
`)er0
`
`

`

`Case 1:18-cv-00303-UNA Document 1-2 Filed 02/22/18 Page 2 of 2 PageID #: 87
`JS 44 Reverse (Rev. 06/17)
`
`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.Cv.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; NOTE: 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.
`
`V.
`
`Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
`that is most applicable. Click here for: Nature of Suit Code Descriptions.
`
`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 – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
`Section 1407.
`Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
`PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
`changes in statue.
`
`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 actual dollar amount 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.
`
`