Case 2:17-cv-00547-RAJ-RJK Document 1-11 Filed 10/18/17 Page 1 of 2 PageID# 229
`Case 2:17-cv-00547-RAJ-RJK Document 1-11 Filed 10/18/17 Page 1 of 2 Page|D# 229
`
`is 44 (Rev. 06/17)
`
`CIVIL COVER SHEET
`
`The 15 -1-1 cii'il cover sheet and lhe information contained herein neither re lace nor suppiement the filing and service ofpleadings or other papers as required by law, except as
`prnr-‘idttd by local rules of court. This {on-n, approved by the Judicial Con erence ofthe
`nited States in September 1974, is required for the use ofthe Clerk of Court for the
`pumusc ul' initiating the civil docket sheet.
`(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)
`
`I. (a) PLAINTIFFS
`
`DEFENDANTS
`
`SRC LABS, LLC and
`SAINT REGIS MOHAWK TRIBE
`_
`(b) County of Residence ofFirst Listed Plaintiff
`(EXCEPT IN US. PLAINTIFF CASES)
`
`AMAZON WEB SERVICES, INC.
`AMAZON.COM,|NC. AND VADATA, INC.
`KING COUNTY, WA
`County ofResidence ofFirst 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, Address, and Telephone Number)
`
`Attorneys (IfKIIUWII)
`
`L. Lee Byrd, Esq. - Sands Anderson PC
`PO. Box 1998, Richmond, VA 23218 -- 804-648-1636
`
`
`II. BASIS OF JURISDICTION (Placean “X"in One BaxOn/y)
`D 1
`
`D 3
`
`Federal Question
`(US. Government Nor a Parry)
`
`U S. Govemment
`Plaintiff
`
`III. CITIZENSHIP 0F PRINCIPAL PARTIES (Place (in “X"in One Box/brl’lainIi/f
`(For Diversity Cases Only)
`and One Box for Defendant)
`PTF
`PTF
`DEF
`D 1
`D 4
`D 4
`
`DEF
`D I
`
`Incorporated or Principal Place
`of Business In This State
`
`Citizen ofThis State
`
`D 2 US. Govemment
`Defendant
`
`D 4 Diversity
`(Indicate Citizens/rip ofParties in [mm III)
`
`Citizen of Another State
`
`D 2
`
`D 2
`
`Incorporated and Principal Place
`of Business In Another State
`
`D 5
`
`D 5
`
`
`
`
`
`
`D 6
`D 6
`ForeignNation
`D 3
`D 3
`CitizenorSubjectofa
`Furei In Count
`Click here for: Nature oI_‘Sit (uchcscr inn.
`IV. NATURE OF SUIT (Pia-ct- an "X" in One BoxOrrh')
`m“
`D 110 Insurance
`PERSONAL INJURY
`PERSONAL INJURY
`D 625 Drug Related Seizure
`D 422 Appeal 28 USC 158
`D 375 False Claims Act
`D 120 Marine
`D 310 Air-plane
`D 365 Personal Injury -
`of Property 21 USC 881
`D 423 Withdrawal
`D 376 Qui Tam (31 USC
`D 130 Miller Act
`D 315 Airplane Product
`Product Liability
`D 690 Other
`28 USC 157
`3729(a))
`D 140 Negotiable Instrument
`Liability
`D 367 Health Care/
`D 400 State Reapportionment
`D 150 Recovery of Overpayment D 320 Assault, Libel &
`Phannaceutical m D 410 Antilnlsl
`& Enforcement ot'IurlgmL-nl
`Slander
`Personal Injury
`D 820 Copyrights
`D 430 Banks and Banking
`D 151 Medicare Act
`D 330 Federal Employers‘
`Product Liability
`5 830 Patent
`3 450 Commerce
`D 152 Recovery ofDefauIted
`Liability
`D 368 Asbestos Personal
`D 835 Patent - Abbreviated
`D 460 Deportation
`Student Loans
`D 340 Marine
`Injury Product
`New Drug Application
`D 470 Racketeer Influenced and
`(Excludes Veterans)
`D 345 Marine Product
`Liability
`D 840 Trademark
`Corrupt Organizations
`D 153 Recovery ovaerpayment
`Liability
`PERSONAL PROPERTY _fiTJflZ—-l_ 3 480 Consumer Credit
`of Veteran's Benefits
`D 350 Motor Vehicle
`D 370 Other Fraud
`D 710 Fair Labor Standards
`D 861 HIA (I395ff)
`3 490 Cable/Sat TV
`D 160 Stockholders‘ Suits
`D 355 Motor Vehicle
`D 371 Truth in Lending
`Act
`D 862 Black Lung (923)
`3 850 Securities/Commodities/
`D 190 Other Contract
`Product Liability
`D 380 Other Personal
`D 720 Labor/Management
`D 863 DIWC/DIWW (405(g))
`Exchange
`D 195 Contract Product Liability
`D 360 Other Personal
`Property Damage
`Relations
`D 864 SSID Title XVI
`D 890 Other Statutory Actions
`D 196 Franchise
`Injury
`D 385 Property Damage
`D 740 Railway Labor Act
`D 865 RSI (405(g))
`D 891 Agricultural Acts
`D 362 Personal Injury -
`Product Liability
`D 751 Family and Medical
`D 893 Environmental Matters
`Medical Mal ractice
`Leave Act
`D 895 Freedom of Information
`I3 790 Other Labor Litigation
`Act
`D 791 Employee Retirement
`D 896 Arbitration
`lncorne Security Act
`D 899 Administrative Procedure
`Act/Review or Appeal of
`Agency Decision
`D 950 Constitutionality of
`State Statutes
`
`
`
`
`D 870 Taxes (US. Plaintiff
`or Defendant)
`D 871 IRSiThird Party
`26 USC 7609
`
`D 462 Naturalization Application
`D 465 Other Immigration
`Actions
`
`3 210 Land Condemnation
`3 220 Foreclosure
`D 230 Rent Lease & Ejectrnent
`3 240 Torts to Land
`3 245 Tort Product Liability
`D 290 All Other Real Property
`
`
`
`
`
`IIabeas Corpus:
`D 440 Other Civil Rights
`D 463 Alien Detainee
`D 441 Voting
`D 510 Motions to Vacate
`3 442 Employment
`Sentence
`3 443 Housing/
`D 530 General
`Accormnodatiorrs
`D 445 Arner.w/Disabi1ities - D 535 Death Penalty
`Employment
`Other:
`3 446 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
`
`
`
`V. ORIGIN (Place an "X" in One Box Only)
`XI Original
`D 2 Removed from
`Proceeding
`State Court
`
`
`D 3
`
`Remanded from
`Appellate Court
`
`D 4 Reinstated or
`Reopened
`
`D 8 Multidistrict
`D 6 Multidistrict
`D 5 Transfen‘ed from
`Litigation -
`Litigation —
`Another District
`
`Transfer Direct File
`(r- rat-rm
`(Tilt: the U.S. Civil Statute under which you are filing (Do not citejurisrlictimial A'rarulm' unlesx diversity):
`35 U.S.C. Sections 271 281 283 284 and 285
`
`
`VI. CAUSE OF ACTION
`Brief descripl ion of cause:
`
`atent infrin ement
`
`13 CHECK IF THIS rs A CLASS ACTION
`DEMAND 3;
`CHECK YES only if demanded in complaint:
`VII. REQUESTED IN
`
`COMPLAINT:
`UNDER RULE 23, F.R.Cv.P.
`JURY DEMAND:
`351 Yes
`0N0
`
`>
`_
`VIII. RELATED CASE(S)
`IF ANY DOCKET NUMBER (Seeinslruenons): JUDGE
`
`
`
`DATE
`SIGNA‘I'
`' Di: A'i'I'URN
`OF RE
`RE]
`L. Lee B rd, VSB#28662
`. 3f” 5"
`
`10/191201'1
`
`FOR OFFICE UHF. 0N LY
`RECEIPT #
`AMOUNT
`APPLYING IFP
`JUDGE
`
`
`
`MAG. JUDGE
`
`
`
`

`

`Case 2:17-cv-00547-RAJ-RJK Document 1-11 Filed 10/18/17 Page 2 of 2 PageID# 230
`Case 2:17-cv-00547-RAJ-RJK Document 1-11 Filed 10/18/17 Page 2 of 2 Page|D# 230
`
`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 ofthe United States in September I974, 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 US. 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.
`
`III.
`
`IV.
`
`V.
`
`VI.
`
`VII.
`
`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 ofjurisdiction, 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 ofthe 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 US. is a party, the US. 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.)
`
`Residence (citizenship) of Principal Parties. This section of the J S 44 is to be completed if diversity of citizenship was indicated above. Mark this
`section for each principal party.
`
`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 ot‘Suil 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.
`
`(8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
`Multidistrict Litigation — Direct File.
`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.
`
`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: US. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception ofcable 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 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 J S 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.
`
`