Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA771339
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`Filing date:
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`09/19/2016
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91228881
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's e-mail
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`Signature
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`Date
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`Attachments
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`Plaintiff
`Hillstone Restaurant Group, Inc.
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`Uly S. Gunn
`Alston & Bird LLP
`1201 West Peachtree Street
`Atlanta, GA 30309
`UNITED STATES
`sam.gunn@alston.com
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`Motion to Suspend for Civil Action
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`Uly S. Gunn
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`sam.gunn@alston.com, david.stewart@alston.com
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`/Uly S. Gunn/
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`09/19/2016
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`Motion to Suspend.pdf(204533 bytes )
`Motion to Suspend - Exhibit A - Complaint.pdf(560050 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of U.S. Application Serial No. 86/730,033
`Mark: HILLSTONE
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`HILLSTONE RESTAURANT
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`GROUP, INC.
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`Opposer,
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`vs.
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`HILLSTONE MANAGEMENT, LLC
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`Applicant.
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`____________________________________)
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`Opposition No. 91228881
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`MOTION TO SUSPEND OPPOSITION PROCEEDING
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`Opposer Hillstone Restaurant Group, Inc. (“Hillstone”) files this motion to request the
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`suspension of this proceeding pending the outcome of a recently filed civil action that has a
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`direct bearing on the opposition.
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`In its Notice of Opposition in this matter, Hillstone alleged that applicant Hillstone
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`Management, LLC’s (“Hillstone Management”) application Ser. No. 86/730,033 for the mark
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`HILLSTONE should not be allowed to register because that mark is likely to confuse consumers
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`into believing, mistakenly, that Hillstone Management’s services originate from, are associated
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`or affiliated with, and/or are sponsored or endorsed by Hillstone, and therefore infringes
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`Hillstone’s federally-registered HILLSTONE mark. On September 13, 2016, Hillstone filed a
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`complaint in the United States District Court for the Northern District of Texas against Hillstone
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`Management alleging federal trademark infringement (among other counts) and seeking as part
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`of its relief a permanent injunction against any further use of the HILLSTONE mark by Hillstone
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`Management. A file-stamped copy of this complaint, assigned Case No. 3:16-cv-02624-D, is
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`attached as Exhibit A. The complaint was served on Hillstone Management on September 15,
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`2016.
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`The Board has the discretion to suspend proceedings before it upon notice that the parties
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`to that proceeding are “engaged in a civil action . . . which may have a bearing on the case.” 37
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`C.F.R. § 2.117; TBMP § 510.02(a). A federal lawsuit between the same parties as are engaged
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`in an opposition involving identical allegations of trademark infringement as those found in the
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`notice of opposition has a bearing on that opposition proceeding and therefore merits suspension.
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`See Arcadia Group Brands Ltd. v. Studio Moderna SA, 99 U.S.P.Q.2d 1134, 1136 (T.T.A.B.
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`2011) (suspending opposition where opposer had filed a civil action alleging trademark
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`infringement and seeking to enjoin applicant’s use of mark at issue); see also The Toro Co. v.
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`Hardigg Indus., Inc., 187 U.S.P.Q. 689, 691-92 (T.T.A.B. 1975), rev’d on other grounds, 193
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`U.S.P.Q. 149 (C.C.P.A. 1977) (same).
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`Here, the outcome of Hillstone’s trademark infringement claims in its complaint against
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`Hillstone Management will have a direct bearing on the present opposition proceeding, as the
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`same issues before the Board in the opposition will be before the federal court in the civil action.
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`Hillstone therefore respectfully requests the Board suspend these proceedings until resolution of
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`the above referenced proceeding in the Northern District of Texas.
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`- 2 -
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`Respectfully submitted this 19th day of September, 2016.
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`By:
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`/Uly S. Gunn/___________
`David J. Stewart, Esq.
`Georgia Bar No. 681149
`david.stewart@alston.com
`Uly S. Gunn, Esq.
`Georgia Bar No. 261871
`sam.gunn@alston.com
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`ALSTON & BIRD LLP
`1201 West Peachtree Street
`Atlanta, Georgia 30309
`Telephone: (404) 881-7000
`Fax: (404) 881-7777
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`Attorneys for Opposer
`HILLSTONE RESTAURANT
`MANAGEMENT
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`- 3 -
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`CERTIFICATE OF ELECTRONIC FILING AND SERVICE
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` I
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` hereby certify that the foregoing MOTION TO SUSPEND OPPOSITION
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`PROCEEDING is being submitted to the Trademark Trial and Appeal Board via electronic
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`means by filing with the Electronic Systems for Trademark Trial and Appeals on September 19,
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`2016. A true and correct copy was also mailed to the Applicant’s attorney of record via U.S.
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`Mail:
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`Jerry C. Harris, Jr.
`Wick Phillips Gould & Martin LLP
`3131 McKinney Avenue, Suite 100
`Dallas, Texas 75204
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`/Uly S. Gunn/
`Uly S. Gunn, Esq.
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`- 4 -
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`Exhibit A
`Exhibit A
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` Case 3:16-cv-02624-D Document 1 Filed 09/13/16 Page 1 of 11 PageID 1
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` Case 3:16-cv-02624-D Document 1 Filed 09/13/16 Page 2 of 11 PageID 2
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` Case 3:16-cv-02624-D Document 1 Filed 09/13/16 Page 3 of 11 PageID 3
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` Case 3:16-cv-02624-D Document 1 Filed 09/13/16 Page 4 of 11 PageID 4
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` Case 3:16-cv-02624-D Document 1 Filed 09/13/16 Page 5 of 11 PageID 5
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` Case 3:16-cv-02624-D Document 1 Filed 09/13/16 Page 6 of 11 PageID 6
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` Case 3:16-cv-02624-D Document 1 Filed 09/13/16 Page 7 of 11 PageID 7
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` Case 3:16-cv-02624-D Document 1 Filed 09/13/16 Page 8 of 11 PageID 8
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` Case 3:16-cv-02624-D Document 1 Filed 09/13/16 Page 9 of 11 PageID 9
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` Case 3:16-cv-02624-D Document 1 Filed 09/13/16 Page 10 of 11 PageID 10
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` Case 3:16-cv-02624-D Document 1 Filed 09/13/16 Page 11 of 11 PageID 11
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` Case 3:16-cv-02624-D Document 1-1 Filed 09/13/16 Page 1 of 2 PageID 12
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`(cid:9)(cid:9)
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`CIVIL COVER SHEET CIVIL COVER SHEET
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`JS 44 (Rev. 07/16) JS 44 (Rev. 07/16)
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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 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
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`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 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
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`purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PACLE OF TILTS EOM) purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PACLE OF TILTS EOM)
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`
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`I. (a) PLAINTIFFS I. (a) PLAINTIFFS
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`Hillstone Restaurant Group, Inc. Hillstone Restaurant Group, Inc.
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`DEFENDANTS DEFENDANTS
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`Hillstone Management, LLC Hillstone Management, LLC
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`(b) County of Residence of Firgt Listed Plaintiff Maricopa County, Arizona (b) County of Residence of Firgt Listed Plaintiff Maricopa County, Arizona
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`('EXCEPT Ar U.S. PLAINTIFF CASES) ('EXCEPT Ar U.S. PLAINTIFF CASES)
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`County of Residence of First Listed Defendant (cid:9)Dallas County, Texas County of Residence of First Listed Defendant (cid:9)Dallas County, Texas
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`(IN U.S. PLAINTIFF CASES ONLY) (IN U.S. PLAINTIFF CASES ONLY)
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`NOTE IN LAND CONDEMNATION CASES., USE THE LOCATION OF NOTE IN LAND CONDEMNATION CASES., USE THE LOCATION OF
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`THE TRACT OF LAND INVOLVED. THE TRACT OF LAND INVOLVED.
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`(c) Attorneys (Firm Name, Address, and Telephone Number) (c) Attorneys (Firm Name, Address, and Telephone Number)
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`Attomeys (If Known) Attomeys (If Known)
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`Alston & Bird LLP; 2828 North Harwood Street, 18th Floor, Dallas, TX Alston & Bird LLP; 2828 North Harwood Street, 18th Floor, Dallas, TX
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`75201; 214-922-3400 75201; 214-922-3400
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`Wick Phillips Gould & Martin LLP; 3131 McKinney Avenue, Suite 100, Wick Phillips Gould & Martin LLP; 3131 McKinney Avenue, Suite 100,
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`Dallas, TX 75204; 214-692-6200 Dallas, TX 75204; 214-692-6200
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`II. BASIS OF JURISDICTION (Place an "X" in One Box Only) II. BASIS OF JURISDICTION (Place an "X" in One Box Only)
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`0 1 (cid:9)U.S. Government (cid:9) 3 Federal Question 0 1 (cid:9)U.S. Government (cid:9) 3 Federal Question
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`Plaintiff (cid:9) (U.S: Government Not a Party) Plaintiff (cid:9) (U.S: Government Not a Party)
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`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff
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`and One hozfor Defendant) and One hozfor Defendant)
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`(For Diversity Cases Only) (cid:9)(For Diversity Cases Only) (cid:9)
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`PTF DEF PTF DEF
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`PTF DEF (cid:9)PTF DEF (cid:9)
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`Citizen of This State (cid:9)0 1 (cid:9)0 1 Incorporated or Principal Place (cid:9)0 4 (cid:9)0 4 Citizen of This State (cid:9)0 1 (cid:9)0 1 Incorporated or Principal Place (cid:9)0 4 (cid:9)0 4
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`of Business In This State of Business In This State
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`0 2 (cid:9)U,S. Government (cid:9) 0 4 Diversity 0 2 (cid:9)U,S. Government (cid:9) 0 4 Diversity
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`(cid:9)(cid:9)
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`(Indicate Cinienship of Parties in Item /19 (Indicate Cinienship of Parties in Item /19
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`Defendant Defendant
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`Citizen of Another State (cid:9)0 2 (cid:9)0 2 Incorporated and Principal Place (cid:9)0 5 (cid:9)0 5 Citizen of Another State (cid:9)0 2 (cid:9)0 2 Incorporated and Principal Place (cid:9)0 5 (cid:9)0 5
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`of Business In Another State of Business In Another State
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`IV. NATURE OF SUIT Place an "X" in One Box OnA IV. NATURE OF SUIT Place an "X" in One Box OnA
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`TORTS TORTS
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`CONTRACT CONTRACT
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`Citizen or Subject of a (cid:9)0 3 (cid:9)0 3 Foreign Nation Citizen or Subject of a (cid:9)0 3 (cid:9)0 3 Foreign Nation
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`Foreign Country Foreign Country
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`0 6 (cid:9)0 6 0 6 (cid:9)0 6
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`FORFEITURE/PENALTY FORFEITURE/PENALTY
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`BANKRUPTCY BANKRUPTCY
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`OTHER STATUTES OTHER STATUTES
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`0 110 Insurance 0 110 Insurance
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`0 120 Marine 0 120 Marine
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`0 130 Miller Act 0 130 Miller Act
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`0 140 Negotiable Instruinent 0 140 Negotiable Instruinent
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`0 150 Recovery of Overpayment 0 150 Recovery of Overpayment
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`& Enforcement of Judgment & Enforcement of Judgment
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`0 151 Medicare Act 0 151 Medicare Act
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`0 152 Recovery of Defaulted 0 152 Recovery of Defaulted
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`Student Loans Student Loans
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`(Excludes Veterans) (Excludes Veterans)
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`0 153 Recovery of Overpayment 0 153 Recovery of Overpayment
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`of Veteran's Benefits of Veteran's Benefits
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`0 160 Stockholders' Suits 0 160 Stockholders' Suits
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`0 190 Other Contract 0 190 Other Contract
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`0 195 Contract Product Liability 0 195 Contract Product Liability
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`0 196 Franchise 0 196 Franchise
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`REAL PROPERTY REAL PROPERTY
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`0 210 Land Condemnation 0 210 Land Condemnation
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`0 220 Foreclosure 0 220 Foreclosure
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`0 230 Rent Lease & Ejectment 0 230 Rent Lease & Ejectment
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`0 240 Torts to Land 0 240 Torts to Land
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`0 245 Tort Product Liability 0 245 Tort Product Liability
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`0 290 All Other Real Property 0 290 All Other Real Property
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`PERSONAL INJURY PERSONAL INJURY
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`0 365 Personal Injury - 0 365 Personal Injury -
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`Product Liability Product Liability
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`0 367 Health Care/ 0 367 Health Care/
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`Pharmaceutical Pharmaceutical
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`Personal Injury Personal Injury
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`Product Liability Product Liability
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`0 368 Asbestos Personal 0 368 Asbestos Personal
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`Injury Product Injury Product
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`LABOR LABOR
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`Liability Liability
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`PERSONAL PROPERTY 0 710 Fair Labor Standards PERSONAL PROPERTY 0 710 Fair Labor Standards
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`Act Act
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`0 370 Other Fraud 0 370 Other Fraud
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`0 720 Labor/Management 0 720 Labor/Management
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`0 371 Truth in Lending 0 371 Truth in Lending
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`Relations Relations
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`0 380 Other Personal 0 380 Other Personal
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`0 740 Railway Labor Act 0 740 Railway Labor Act
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`Property Damage Property Damage
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`0 751 Family and Medical 0 751 Family and Medical
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`0 385 Property Damage 0 385 Property Damage
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`Leave Act Leave Act
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`Product Liability Product Liability
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`0 790 Other Labor Litigation 0 790 Other Labor Litigation
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`0 791 Employee Retirement 0 791 Employee Retirement
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`Income Security Act Income Security Act
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`0 625 Drug Related Seizure 0 625 Drug Related Seizure
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`of Property 21 USC 881 of Property 21 USC 881
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`0 690 Other 0 690 Other
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`IMMIGRATION IMMIGRATION
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`0 462 Naturalization Application 0 462 Naturalization Application
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`0 465 Other Immigration 0 465 Other Immigration
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`Actions Actions
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`0 422 Appeal 28 USC 158 0 422 Appeal 28 USC 158
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`0 423 Withdrawal 0 423 Withdrawal
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`28 USC 157 28 USC 157
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`PROPERTY RIGHTS PROPERTY RIGHTS
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`0 820 Copyrights 0 820 Copyrights
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`0 830 Patent 0 830 Patent
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`g 840 Trademark g 840 Trademark
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`0 375 False Claims Act 0 375 False Claims Act
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`0 376 Qui Tam (31 USC 0 376 Qui Tam (31 USC
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`3729(a)) 3729(a))
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`0 400 State Reapportionment 0 400 State Reapportionment
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`0 410 Antitrust 0 410 Antitrust
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`0 430 Banks and Banking 0 430 Banks and Banking
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`0 450 Commerce 0 450 Commerce
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`0 460 Deportation 0 460 Deportation
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`0 470 Racketeer Influenced and 0 470 Racketeer Influenced and
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`Corrupt Organizations Corrupt Organizations
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`SOCIAL SECURITY SOCIAL SECURITY
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`0 480 Consumer Credit 0 480 Consumer Credit
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`0 861 HIA (1395f0 0 861 HIA (1395f0
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`0 490 Cable/Sat TV 0 490 Cable/Sat TV
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`0 862 Black Lung (923) 0 862 Black Lung (923)
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`0 863 DIWC/D1WW (405(g)) 0 850 Securities/Commodities/ 0 863 DIWC/D1WW (405(g)) 0 850 Securities/Commodities/
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`Exchange Exchange
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`0 864 SSID Title XVI 0 864 SSID Title XVI
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`0 890 Other Statutory Actions 0 890 Other Statutory Actions
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`0 865 RSI (405(g)) 0 865 RSI (405(g))
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`0 891 Agricultural Acts 0 891 Agricultural Acts
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`0 893 Environmental Matters 0 893 Environmental Matters
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`0 895 Freedom of Information 0 895 Freedom of Information
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`Act Act
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`, 'FEDERAL TAX SUITS (cid:9)- , 'FEDERAL TAX SUITS (cid:9)-
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`0 896 Arbitration 0 896 Arbitration
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`0 870 Taxes (U.S, Plaintiff 0 870 Taxes (U.S, Plaintiff
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`0 899 Administrative Procedure 0 899 Administrative Procedure
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`or Defendant) or Defendant)
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`Act/Review or Appeal of Act/Review or Appeal of
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`0 871 IRS—Third Party 0 871 IRS—Third Party
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`Agency Decision Agency Decision
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`26 USC 7609 26 USC 7609
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`0 950 Constitutionality of 0 950 Constitutionality of
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`State Statutes State Statutes
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`PERSONAL INJURY PERSONAL INJURY
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`0 310 Airplane 0 310 Airplane
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`0 315 Airplane Product 0 315 Airplane Product
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`Liability Liability
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`0 320 Assault, Libel & 0 320 Assault, Libel &
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`Slander Slander
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`0 330 Federal Employers' 0 330 Federal Employers'
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`Liability Liability
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`0 340 Marine 0 340 Marine
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`0 345 Marine Product 0 345 Marine Product
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`Liability Liability
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`0 350 Motor Vehicle 0 350 Motor Vehicle
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`0 355 Motor Vehicle 0 355 Motor Vehicle
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`Product Liability Product Liability
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`0 360 Other Personal 0 360 Other Personal
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`Injury Injury
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`0 362 Personal Injury - 0 362 Personal Injury -
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`Medical Malpractice Medical Malpractice
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`CIVIL RIGHTS CIVIL RIGHTS
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`Habeas Corpus: Habeas Corpus:
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`0 440 Other Civil Rights 0 440 Other Civil Rights
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`0 463 Alien Detainee 0 463 Alien Detainee
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`0 441 Voting 0 441 Voting
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`0 510 Motions to Vacate 0 510 Motions to Vacate
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`0 442 Employment 0 442 Employment
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`Sentence Sentence
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`0 443 Housing/ 0 443 Housing/
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`0 530 General 0 530 General
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`Accommodations Accommodations
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`0 445 Amer. w/Disabilities - 0 535 Death Penalty 0 445 Amer. w/Disabilities - 0 535 Death Penalty
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`Other; Other;
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`Employment Employment
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`0 446 Amer, w/Disabilities - 0 540 Mandamus & Other 0 446 Amer, w/Disabilities - 0 540 Mandamus & Other
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`0 550 Civil Rights 0 550 Civil Rights
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`Other Other
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`0 555 Prison Condition 0 555 Prison Condition
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`0 448 Education 0 448 Education
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`0 560 Civil Detainee- 0 560 Civil Detainee-
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`Conditions of Conditions of
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`Confinement Confinement
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`PRISONER PETITIONS PRISONER PETITIONS
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`V. ORIGIN (Place an "X" in One Box Only) V. ORIGIN (Place an "X" in One Box Only)
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`X 1 (cid:9)Original (cid:9)0 2 Removed from (cid:9)0 3 Remanded from (cid:9)0 4 Reinstated or 0 5 Transferred from (cid:9)0 6 Multidistrict (cid:9)0 8 Multidistrict X 1 (cid:9)Original (cid:9)0 2 Removed from (cid:9)0 3 Remanded from (cid:9)0 4 Reinstated or 0 5 Transferred from (cid:9)0 6 Multidistrict (cid:9)0 8 Multidistrict
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`Proceeding (cid:9)State Court (cid:9) Appellate Court (cid:9) Reopened (cid:9) Another District (cid:9)Litigation - (cid:9) Litigation - Proceeding (cid:9)State Court (cid:9) Appellate Court (cid:9) Reopened (cid:9) Another District (cid:9)Litigation - (cid:9) Litigation -
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`(spectA) (cid:9) Transfer (cid:9) Direct File (spectA) (cid:9) Transfer (cid:9) Direct File
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`VI. CAUSE OF ACTION VI. CAUSE OF ACTION
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`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
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`Lanham Act, 15 U.S.C. § 1051, et. seq. Lanham Act, 15 U.S.C. § 1051, et. seq.
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`Brief description of cause: Brief description of cause:
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`Trademark infringement, trademark dilution, and unfair competition Trademark infringement, trademark dilution, and unfair competition
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`VII. REQUESTED IN (cid:9)0 CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN (cid:9)0 CHECK IF THIS IS A CLASS ACTION
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`COMPLAINT: (cid:9)UNDER RULE 23, F.R.Cv.P. COMPLAINT: (cid:9)UNDER RULE 23, F.R.Cv.P.
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`VIII. RELATED CASE(S) VIII. RELATED CASE(S)
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`IF ANY (cid:9)IF ANY (cid:9)
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`(cid:9)(cid:9)
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`DATE DATE
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`(cid:9)(cid:9)
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`09/13/2016 09/13/2016
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`
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`(See Instructions): (See Instructions):
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`JUDGE JUDGE
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`FOR OFFICE USE ONLY FOR OFFICE USE ONLY
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`RECEIPT (cid:9) AMOUNT (cid:9) APPLYING IFP (cid:9) JUDGE (cid:9) MAG. JUDGE RECEIPT (cid:9) AMOUNT (cid:9) APPLYING IFP (cid:9) JUDGE (cid:9) MAG. JUDGE
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`SIGNATURE OF ATTORNEY OF RECORD SIGNATURE OF ATTORNEY OF RECORD
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`/s/ Darren L. McCarty /s/ Darren L. McCarty
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`DEMAND S DEMAND S
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`TBD TBD
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`CHECK YES only if demanded in complaint: CHECK YES only if demanded in complaint:
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`JURY DEMAND: (cid:9)X Yes 0 No JURY DEMAND: (cid:9)X Yes 0 No
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`DOCKET NUMBER DOCKET NUMBER
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`

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` Case 3:16-cv-02624-D Document 1-1 Filed 09/13/16 Page 2 of 2 PageID 13
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`JS 44-TXND Reverse (Rev. 07/16)
`JS 44-TXND Reverse (Rev. 07/16)
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`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
`
`
`
`Authority for Civil Cover Sheet Authority for Civil Cover Sheet
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`The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers
`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
`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
`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:
`the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
`
`7. (cid:9)(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government
`7. (cid:9)(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 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.
`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
`(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
`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.)
`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
`(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)". attachment, noting in this section "(see attachment)".
`
`
`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 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.
`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
`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.
`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
`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
`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.
`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, 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
`the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over
`diversity cases.)
`diversity cases.)
`
`Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above.
`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.
`Mark this section for each principal party.
`
`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
`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 clerk(s) in the Administrative Office to determine the nature of suit. If the
`below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the
`cause fits more than one nature of suit, select the most definitive.
`cause fits more than one nature of suit, select the most definitive.
`
`Origin. Place an "X" in one of the seven boxes.
`Origin. Place an "X" in one of the seven boxes.
`Original Proceedings. (I) Cases which originate in the United States district courts.
`Original Proceedings. (I) 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
`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.
`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
`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.
`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.
`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
`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.
`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
`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.
`U.S.C. Section 1407.
`Multidistrict Litigation — Direct File. (7) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
`Multidistrict Litigation — Direct File. (7) 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
`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.
`due to changes in statue.
`
`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
`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
`jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable
`service
`service
`
`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
`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
`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.
`appropriate box to indicate whether or not a jury is being demanded.
`
`Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If a related case exists, whether pending or
`Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If a related case exists, whether pending or
`closed, insert the docket numbers and the corresponding judge names for such cases. A case is related to this filing if the case: I) involves
`closed, insert the docket numbers and the corresponding judge names for such cases. A case is related to this filing if the case: I) involves
`some or all of the same parties and is based on the same or a similar claim; 2) involves the same property, transaction, or event; 3) involves
`some or all of the same parties and is based on the same or a similar claim; 2) involves the same property, transaction, or event; 3) involves
`substantially similar issues of law and fact; and/or 4) involves the same estate in a bankruptcy appeal.
`substantially similar issues of law and fact; and/or 4) involves the same estate in a bankruptcy appeal.
`
`IV.
`IV.
`
`V.
`V.
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`VI.
`VI.
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`VII.
`VII.
`
`VIII.
`VIII.
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`Date and Attorney Signature. Date and sign the civil cover sheet.
`Date and Attorney Signature. Date and sign the civil cover sheet.