Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1033440
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`Filing date:
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`02/04/2020
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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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`92073318
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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 email
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`Signature
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`Date
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`Attachments
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`Defendant
`Evlution Nutrition, LLC
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`EVLUTION NUTRITION LLC
`4631 JOHNSON ROAD SUITE 1
`COCONUT CREEK, FL 33073
`UNITED STATES
`no email provided
`no phone number provided
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`Motion to Suspend for Civil Action
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`Carolina L. Musso
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`latour@irlaw.com
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`/Carolina L. Musso/
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`02/04/2020
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`Motion to Suspend.pdf(93125 bytes )
`EXHIBIT A2.pdf(1258626 bytes )
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`

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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Cancellation No. 92073318
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`CELSIUS HOLDINGS, INC.
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` Petitioner
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`v.
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`EVLUTION NUTRITION, LLC,
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` Registrant
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`__________________________________________)
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`In re Reg. Nos: 4,634,529;
`5,420,185 and 5,420,186
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`MOTION TO SUSPEND FOR CIVIL ACTION
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`Pursuant to the Trademark Trial and Appeal Board Manual of Procedure Rule 510.02 and
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`37 C.F.R. § 2.117, Registrant, Evlution Nutrition, LLC (“Registrant”), hereby requests that
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`Cancellation Proceeding No. 92073318 (the “Proceeding”) be suspended pending the outcome of
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`civil action Case No. 20-cv-60159-BB, pending before the United States District Court, Southern
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`District of Florida between Registrant and Petitioner, Celsius Holdings, Inc. (“Petitioner”).
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`Registrant believes that the issues set forth in the civil action will have direct bearing on the issues
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`presented in the Proceeding.
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`Attached as Exhibit A is a true and correct copy of the Civil Complaint and Cover Sheet
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`filed on January 24, 2020, in the United States District Court, Southern District of Florida (the
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`“Complaint”). A copy of the Complaint was served on Petitioner shortly after it was filed with the
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`Court.
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`The Board may suspend proceedings when the parties are engaged in a civil action that
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`may have a bearing on the case. 37 C.F.R. § 2.117; TBMP § 510.02; see e.g. Ohanian v. Tekno
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`Products, Inc., 2019 WL 3667659 at *1 (TTAB Jan. 25, 2019) (“It is the policy of the Board to
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`1
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`

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`suspend proceedings when the parties are involved in a civil action which may be dispositive of
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`or have a bearing on the Board case”). Here, the same parties to the Proceeding also are parties to
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`the civil action, and the marks involved in both proceedings overlap. Prior to Petitioner’s filing of
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`the Proceeding, Registrant sent Petitioner a letter demanding that it cease and desist use of marks
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`confusingly similar to the registrations at issue here. The parties then commenced settlement
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`negotiations. Petitioner preemptively instituted the Proceeding when it became clear the parties
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`would be unable to resolve their dispute and Registrant would be filing a civil action. In the civil
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`action, Registrant has alleged trademark infringement of the marks Petitioner now seeks to cancel
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`and Petitioner will have the opportunity to present the same arguments in that case as it has here.
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`As the issues that are the subject of the civil action bear directly on the issues and
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`allegations of the Proceeding, Registrant respectfully requests that the Proceeding be suspended
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`immediately.
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`Dated: February 4, 2020
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`Respectfully submitted,
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`ISICOFF RAGATZ
`601 Brickell Key Drive, Suite 750
`Miami, Florida 33131
`Tel.: (305) 373-3232
`Fax: (305) 373-3233
`
`
`
`By: __/s/Carolina L. Musso
`
`Eric D. Isicoff
`
`Florida Bar No. 372201
`Isicoff@irlaw.com
`
`
`Carolina Latour Musso
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`Florida Bar No. 032412
`Latour@irlaw.com
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`2
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`

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`I hereby certify that a true and complete copy of the foregoing Motion to Suspend for Civil Action
`has been served on Petitioner’s attorney by forwarding said copy on February 4, 2020 via email
`to: Joel Rothman, Esq. at joel.rothman@sriplaw.com.
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`Signature /s/Carolina L. Musso
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`Date February 4, 2020
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`3
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`EXHIBIT A
`EXHIBIT A
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`Case 1:20-cv-20319-XXXX Document 1 Entered on FLSD Docket 01/24/2020 Page 1 of 7
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`
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`
`
`EVLUTION NUTRITION, LLC,
`
`
`Plaintiff,
`
`v.
`
`
`CELSIUS HOLDINGS, INC.,
`
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`Defendant.
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`_________________________________________/
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`Civil Action No.
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`COMPLAINT
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`Plaintiff, Evlution Nutrition, LLC (“Evlution”), by its undersigned attorneys, for its
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`complaint against Defendant, Celsius Holdings, Inc. (“Defendant”), alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`Evlution brings this action against Defendant for trademark infringement and
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`trademark dilution under the Lanham Act, 15 U.S.C. §§ 1114, 1125(a), as well as trademark
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`infringement under Florida common law.
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`PARTIES AND JURISDICTION
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`Plaintiff, Evlution, is a Florida corporation with its principal place of business at
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`2.
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`1560 Sawgrass Corporate Parkway, 4th Floor, Sunrise, Florida 33323. Evlution is a prominent
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`dietary and nutritional supplement company. Evlution’s products are sold in numerous domestic
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`and international markets via its website and other popular stores and online marketplaces, such
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`as GNC, Amazon, and Bodybuilding.com.
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`
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`-1-
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`

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`Case 1:20-cv-20319-XXXX Document 1 Entered on FLSD Docket 01/24/2020 Page 2 of 7
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`3.
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`Upon information and belief, Defendant is a Florida corporation with its principal
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`place of business at 2424 North Federal Highway, #208, Boca Raton, FL 33431. Defendant
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`manufactures beverages that contain nutritional supplements.
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`4.
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`This Court has original jurisdiction over the claims arising under the Lanham Act
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`pursuant to 28 U.S.C. §§1331, 1338 and 15 U.S.C. § 1121.
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`5.
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`6.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and (c).
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`This Court has personal jurisdiction over Defendant because it committed tortious
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`acts in Miami-Dade County, Florida.
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`GENERAL ALLEGATIONS
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`7.
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`Evlution owns and prominently uses the trademark BCAA ENERGY for a line of
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`products that contain branch-chain amino acids.
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`8. Evlution owns several trademark registrations on the supplemental register for the
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`BCAA ENERGY mark: a standard word mark that has been in use and registered since 2014
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`(USPTO Reg. No. 4634529) and two stylized marks that have been in use since 2014 and registered
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`since 2018 (Reg. Nos. 5420185 and 5420186).
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`9. In addition, Evlution owns a registration on the principal register for EVLUTION
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`BCAA ENERGY (Reg. No. 4675545) (collectively, these registrations shall be referred to as the
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`“Marks”).
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`10. Evlution’s BCAA ENERGY product line contains its best-selling products.
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`11. Evlution has spent nearly $3 million in advertising and promotions for this line in
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`the past two years.
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`12. Sales of its BCAA ENERGY products have steadily increased over $1 million
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`each year and have surpassed $25 million in total sales since 2016.
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`
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`-2-
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`

`

`Case 1:20-cv-20319-XXXX Document 1 Entered on FLSD Docket 01/24/2020 Page 3 of 7
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`13. On Bodybuilding.com, Evlution’s products are currently ranked third on the site
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`with over 1.5 million views annually.
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`14. On Amazon.com, BCAA ENERGY products receive another 300,000 views per
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`year.
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`15. BCAA ENERGY also is sold nationally in 4,500 Walmart Supercenters, where it
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`receives thousands of views every day.
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`16.
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`Accordingly, the BCAA ENERGY mark is famous and closely associated in the
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`public’s mind with Evlution’s products.
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`17.
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`Defendant, without authorization or consent, recently introduced a beverage that
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`uses the mark BCAA + ENERGY.
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`18.
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`The BCAA + ENERGY mark is confusingly similar to Evlution’s BCAA
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`ENERGY mark.
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`19.
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`In addition, the Defendant’s BCAA + ENERGY product – a beverage that contains
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`branch-chain amino acids – is similar to the products Evlution offers in its BCAA ENERGY line.
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`20.
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`Further, Defendant’s label features the words “BCAA” and “ENERGY” stacked on
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`top of each other, similar to Evlution’s label.
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`21.
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`Evlution multiple letters to Defendant demanding that it cease using a mark so
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`similar to its BCAA ENERGY mark, but Defendant refused.
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`22.
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`Defendant’s use of a mark so confusingly similar to Evlution’s BCAA ENERGY
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`mark constitutes, inter alia, trademark infringement under the Lanham Act and Florida common
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`law.
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`23.
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`Further, Defendant’s unauthorized and unlicensed use of a mark confusingly
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`similar to the BCAA ENERGY mark has caused dilution of Evlution’s mark.
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`
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`-3-
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`

`

`Case 1:20-cv-20319-XXXX Document 1 Entered on FLSD Docket 01/24/2020 Page 4 of 7
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`24.
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`As a result of Defendant’s actions, Evlution has been damaged in an amount to be
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`determined at trial.
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`25.
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`The unlawful activities of Defendant have resulted in and will continue to cause
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`irreparable harm and injury to Evlution. Among other harms, these acts confuse consumers into
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`believing that Evlution endorses Defendant and/or that Evlution and Defendant are affiliated,
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`which is patently false.
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`26. Indeed, at this year’s Olympia Fitness & Performance Weekend – a fitness industry
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`showcase event where both Evlution and Defendant had booths – several attendees asked
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`Evlution’s representatives whether Defendant’s product was manufactured by Evlution, thus
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`demonstrating the existence of actual consumer confusion. Defendant’s staff even began handing
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`out Defendant’s samples directly in front of Evlution’s booth, making it clear that the confusion
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`was intentional.
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`27.
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`Upon information and belief, all of the misconduct complained of herein was
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`knowing, intentional, willful and committed with knowledge of and in blatant disregard for
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`Evlution’s rights.
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`COUNT I – TRADEMARK INFRINGEMENT
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`28.
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`Evlution repeats and reincorporates the allegations contained in Paragraphs 1
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`through 27 as if fully set forth herein.
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`29.
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`Defendant’s actions constitute unlawful trademark infringement in violation of the
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`Lanham Act, 15 U.S.C. §§ 1114, 1125(a).
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`30.
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`Evlution has registered trademarks for BCAA ENERGY and EVLUTION BCAA
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`ENERGY, as well as protectable common law rights in the BCAA ENERGY mark.
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`-4-
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`

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`Case 1:20-cv-20319-XXXX Document 1 Entered on FLSD Docket 01/24/2020 Page 5 of 7
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`31.
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`Defendant is using a confusingly similar mark for its beverages that contain
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`nutritional supplements.
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`32.
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`Defendant’s unauthorized use of a mark so similar to Evlution’s will create a
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`likelihood of confusion by leading consumers to believe that Evlution endorses Defendant and/or
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`that Evlution and Defendant are affiliated.
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`33.
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`34.
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`As a result, Evlution has suffered damages in an amount to be determined at trial.
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`Further, these unlawful activities of Defendant have resulted in and will continue
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`to result in irreparable harm and injury to Evlution.
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`WHEREFORE, Plaintiff, Evlution, requests entry of judgment against Defendant, an
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`award of damages, attorneys’ fees and costs, preliminary and permanent injunctive relief, and such
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`other relief as this Court deems appropriate.
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`COUNT II – FLORIDA COMMON LAW TRADEMARK INFRINGEMENT
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`35.
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`Evlution repeats and reincorporates the allegations contained in Paragraphs 1
`
`through 27 as if fully set forth herein.
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`36.
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`37.
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`Evlution owns a valid trademark entitled to protection under Florida common law.
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`Defendant’s use of a mark that is confusingly similar in connection with its
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`beverages that contain nutritional supplements is likely to cause confusion, mistake and deception
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`among consumers as to whether Defendant’s business is affiliated with, sponsored or endorsed by
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`Evlution.
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`38.
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`39.
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`As a result, Evlution has suffered damages in an amount to be determined at trial.
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`Further, this conduct constitutes trademark infringement under Florida common
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`law and has resulted in and will continue to result in irreparable harm and injury to Evlution.
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`WHEREFORE, Plaintiff, Evlution, requests entry of judgment against Defendant, an
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`
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`-5-
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`

`

`Case 1:20-cv-20319-XXXX Document 1 Entered on FLSD Docket 01/24/2020 Page 6 of 7
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`award of damages, attorneys’ fees and costs, preliminary and permanent injunctive relief, and such
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`other relief as this Court deems appropriate.
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`COUNT III – TRADEMARK DILUTION
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`40.
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`Evlution repeats and reincorporates the allegations contained in Paragraphs 1
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`through 27 as if fully set forth herein.
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`41.
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`Defendant’s actions constitute unlawful trademark dilution in violation of § 43(c)
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`of the Lanham Act, 15 U.S.C. § 1125(c).
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`42.
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`Evlution’s marks are “famous marks” within the meaning of the Lanham Act and
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`were famous prior to Defendant’s conduct as alleged herein.
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`43.
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`Defendant’s use of a mark so similar to Evlution’s marks for commercial
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`advertising purposes dilutes the distinctive quality of the marks, and was done with the willful
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`intent to trade on Evlution’s reputation.
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`44.
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`Defendant’s unauthorized use of Evlution’s marks in connection with its beverages
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`that contain nutritional supplements was done with notice and full knowledge that such use was
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`not authorized or licensed by Evlution.
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`45.
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`Defendant’s acts are in knowing and willful violation of Evlution’s rights under
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`section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c).
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`46.
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`As a result, Evlution has suffered damages in an amount to be determined at trial.
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`WHEREFORE, Plaintiff, Evlution, requests entry of judgment against Defendant, an
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`award of damages, attorneys’ fees and costs, preliminary and permanent injunctive relief, and such
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`other relief as this Court deems appropriate.
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`Dated: January 24, 2020
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`-6-
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`Case 1:20-cv-20319-XXXX Document 1 Entered on FLSD Docket 01/24/2020 Page 7 of 7
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` Respectfully submitted,
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`/s Eric D. Isicoff
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` Eric D. Isicoff
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`
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`
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` Fla. Bar No. 372201
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`
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` Isicoff@irlaw.com
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` Carolina A. Latour
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` Florida Bar No. 32412
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` Latour@irlaw.com
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` ISICOFF RAGATZ
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` 601 Brickell Key Drive
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` Suite 750
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` Miami, Florida 33131
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` Tel.: (305) 373-3232
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` Fax: (305) 373-3233
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` Attorneys for Plaintiff
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`-7-
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`

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`Case 1:20-cv-20319-XXXX Document 1-1 Entered on FLSD Docket 01/24/2020 Page 1 of 2
` CIVIL COVER SHEET
`JS 44 (Rev. 06/17) FLSD Revised 06/01/2017
`
`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 NEXT PAGE OF THIS FORM.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
` I. (a) PLAINTIFFS
`Evlution Nutrition, LLC
`
`DEFENDANTS
`Celsius Holdings, Inc.
`
`(b) County of Residence of First Listed Plaintiff
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`Isicoff Ragatz
`601 Brickell Key Drive, Suite 750
`Miami, FL 33131
`(d) Check County Where Action Arose:
`
` MIAMI- DADE
`
`✔
`
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
`NOTE:
`
` Attorneys (If Known)
`
` MONROE
`
` BROWARD
`
` PALM BEACH
`
` MARTIN
`
` ST. LUCIE
`
` INDIAN RIVER
`
` OKEECHOBEE
`
` HIGHLANDS
`
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`
`1 U.S. Government
`Plaintiff
`
`
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`x
`✔
`
` 3
`
`Federal Question
`(U.S. Government Not a Party)
`
`Citizen of This State
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff)
`(For Diversity Cases Only)
` and One Box for Defendant)
` PTF
` PTF DEF
` 1
`4
` 4
`
` DEF
` 1
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`Incorporated or Principal Place
`of Business In This State
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`2 U.S. Government
`Defendant
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` 4
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` Diversity
`(Indicate Citizenship of Parties in Item III)
`
`Citizen of Another State
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`Citizen or Subject of a
` Foreign Country
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` 2
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` 3
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` 2
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`Incorporated and Principal Place
`of Business In Another State
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` 3 Foreign Nation
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`5
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`6
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` 5
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` 6
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
`
` 110 Insurance
` 120 Marine
` 130 Miller Act
` 140 Negotiable Instrument
` 150 Recovery of Overpayment
`
` & Enforcement of Judgment
` 151 Medicare Act
`
` PERSONAL INJURY
` 310 Airplane
` 315 Airplane Product
`
` Liability
` 320 Assault, Libel &
`
` Slander
` 330 Federal Employers’
`
` 152 Recovery of Defaulted
`
` Liability
`
` PERSONAL INJURY
` 365 Personal Injury -
`
` Product Liability
` 367 Health Care/
` Pharmaceutical
` Personal Injury
` Product Liability
`
` 368 Asbestos Personal
`
` Click here for: Nature of Suit Code Descriptions
`FORFEITURE/PENALTY
`BANKRUPTCY
`
` 625 Drug Related Seizure
`
` of Property 21 USC 881
` 690 Other
`
` 422 Appeal 28 USC 158
` 423 Withdrawal
` 28 USC 157
`
`OTHER STATUTES
`
`375 False Claims Act
`376 Qui Tam (31 USC
` 3729 (a))
`400 State Reapportionment
`410 Antitrust
`430 Banks and Banking
`450 Commerce
`
`460 Deportation
`
`✘
`
`PROPERTY RIGHTS
` 820 Copyrights
` 830 Patent
` 835 Patent – Abbreviated
`New Drug Application
` 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
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` or Defendant)
` 871 IRS—Third Party 26
`USC 7609
`
`470 Racketeer Influenced and
`Corrupt Organizations
`480 Consumer Credit
`490 Cable/Sat TV
`850 Securities/Commodities/
`Exchange
`890 Other Statutory Actions
`891 Agricultural Acts
`893 Environmental Matters
`895 Freedom of Information
`Act
`896 Arbitration
`899 Administrative Procedure
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`Act/Review or Appeal of
`
`Agency Decision
`950 Constitutionality of State
`Statutes
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` Injury Product
` Liability
`
` PERSONAL PROPERTY
` 370 Other Fraud
` 371 Truth in Lending
` 380 Other Personal
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` Property Damage
` 385 Property Damage
` Product Liability
`
` PRISONER PETITIONS
`Habeas Corpus:
` 463 Alien Detainee
` 510 Motions to Vacate
`Sentence
`Other:
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`LABOR
` 710 Fair Labor Standards
`
` Act
` 720 Labor/Mgmt. Relations
` 740 Railway Labor Act
` 751 Family and Medical
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` Leave Act
` 790 Other Labor Litigation
` 791 Empl. Ret. Inc.
` Security Act
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` 530 General
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`IMMIGRATION
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` 535 Death Penalty
` 540 Mandamus & Other
` 550 Civil Rights
` 555 Prison Condition
`560 Civil Detainee –
`Conditions of
`Confinement
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`
`
` 462 Naturalization Application
` 465 Other Immigration
` Actions
`
` 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
`
` 340 Marine
` 345 Marine Product
` Liability
` 350 Motor Vehicle
` 355 Motor Vehicle
` Product Liability
` 360 Other Personal
` Injury
` 362 Personal Injury -
` Med. Malpractice
`CIVIL RIGHTS
` 440 Other Civil Rights
` 441 Voting
`
` 442 Employment
` 443 Housing/
`Accommodations
` 445 Amer. w/Disabilities -
`
` Employment
`
` 446 Amer. w/Disabilities -
`
` Other
` 448 Education
`
`V. ORIGIN
`X
`✔
`1 Original
`Proceeding
`
` (Place an “X” in One Box Only)
`2 Removed
` 3 Re-filed
`from State
`(See VI
`Court
`below)
`
`4 Reinstated
`or
`Reopened
`
` 5
`
`Transferred from
`another district
`(specify)
`
`6 Multidistrict
`Litigation
`Transfer
`
` 7 Appeal to
`District Judge
`from Magistrate
`Judgment
`x
` NO
`b) Related Cases YES
`✔
` DOCKET NUMBER:
`
`8
`
`
`
`Multidistrict
`Litigation
`– Direct
`File
`
` 9 Remanded from
`Appellate Court
`
`VI. RELATED/
`RE-FILED CASE(S)
`
`(See instructions): a) Re-filed Case
` JUDGE:
`
`X
`YES
`✔
`
` NO
`
`VII. CAUSE OF ACTION
`
`Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
`Trademark infringment and dilution under the Lanham Act and trademark infringement under FL common law.
`
`LENGTH OF TRIAL via
`
`5
`
` days estimated (for both sides to try entire case)
`
`VIII. REQUESTED IN
`COMPLAINT:
`
`CHECK IF THIS IS A CLASS ACTION
`UNDER F.R.C.P. 23
`
`DEMAND $
`
`CHECK YES only if demanded in complaint:
`
`JURY DEMAND:
`
` Yes
`
`✔
`X
`
` No
`
`ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE
`DATE January 24, 2020
`SIGNATURE OF ATTORNEY OF RECORD
`Eric D, Isicoff
`
`FOR OFFICE USE ONLY
`RECEIPT #
`
`AMOUNT
`
`IFP
`
`JUDGE
`
`MAG JUDGE
`
`

`

`Case 1:20-cv-20319-XXXX Document 1-1 Entered on FLSD Docket 01/24/2020 Page 2 of 2
`
`JS 44 (Rev. 06/17) FLSD Revised 06/01/2017
`
`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:
`
`(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
`I.
`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)”.
`
`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
`II.
`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.)
`
`
`
`Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
`III.
`section for each principal party.
`
`Nature of Suit. 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
`IV.
`of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions.
`
`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.
`
`Refiled (3) Attach copy of Order for Dismissal of Previous case. Also complete VI.
`
`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.
`
`Remanded from Appellate Court. (8) Check this box if remanded from Appellate Court.
`
`Related/Refiled Cases. This section of the JS 44 is used to reference related pending cases or re-filed cases. Insert the docket numbers and the
`VI.
`corresponding judges name for such cases.
`
`VII. 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
`
`VIII. 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.
`
`Date and Attorney Signature. Date and sign the civil cover sheet.
`
`