Case 1:15-cv-01283 Document 1 Filed 06/17/15 USDC Colorado Page 1 of 6

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

THE KYGEN COMPANY, LLC, a Colorado

limited liability company,

Case No.

Plaintiff
vs.
DOSKOCIL MANUFACTURING COMPANY,
INC., d/b/a PETMATE, a Texas corporation,

COMPLAINT FOR DECLARATORY

JUDGMENT OF U.S. PATENT NOS.
6,076,829 AND D666,686; AND NONINFRINGEMENT OF U.S.
TRADEMARK REGISTRATION NO.
3,082,546
DEMAND FOR JURY TRIAL

Defendant

Plaintiff, The Kyjen Company, LLC, by and through its counsel, seeks a declaratory
judgment against Doskocil Manufacturing Company, Inc., d/b/a Petmate and alleges as follows:
PARTIES
1.

Plaintiff The Kyjen Company, LLC (Plaintiff or Kyjen) is a limited liability

company organized and existing under the laws of the state of Colorado and having a principal
place of business at 15514 Hinsdale Circle, Centennial, Colorado 80112.
2.

Upon information and belief, Defendant Doskocil Manufacturing Company, Inc.

d/b/a Petmate (Defendant or Doskocil) is a corporation organized and existing under the
laws of the state of Texas and having a principle place of business at 2300 East Randol Mill
Road, Arlington, Texas 76011.
JURISDICTION AND VENUE
3.

This is a civil action for declaratory judgment pursuant to Rule 57 of the Federal

Rules of Civil Procedure and 28 U.S.C. 2201 and 2202 for the purpose of determining a
question of actual controversy between the parties as hereinafter more fully appears.
4.

This Court has jurisdiction over this action pursuant to 28 U.S.C. 1338(a)

(action arising under an Act of Congress relating to patents) and 28 U.S.C. 1331 (federal

Case 1:15-cv-01283 Document 1 Filed 06/17/15 USDC Colorado Page 2 of 6

question).
5.

This Court has personal jurisdiction over Doskocil in that it has performed acts in

Colorado subjecting itself to the laws of this District, including, but not limited to, sending
threatening letters of infringement and upon information and belief, transacting business in this
District by distributing products underlying this lawsuit through retail stores in Colorado.
6.

Venue is proper in this District pursuant to 28 U.S.C. 1391(b) and (c), and 28

U.S.C. 1400(a), in that a substantial part of the events or omissions giving rise to the claim
occurred in this District, Kyjen has its principle place of business in this District and upon
information and belief, that Doskocil can otherwise be found in this District by virtue of the acts
identified above.
BACKGROUND FACTS
7.

Kyjen is a manufacturer and distributor of pet products and accessories, including

but not limited to pet ball throwing devices. Kyjen currently manufactures and sells a pet ball
throwing device under the trademark Launch-A-Ball.
8.

Defendant purports to be the owner, through assignment, of U.S. Patent No.

6,076,829 (the 829 Patent). The 829 Patent was issued on June 20, 2000 and is entitled Ball
Throwing Apparatus. A copy of the 829 Patent is attached as Exhibit 1.
9.

Defendant purports to be the owner of U.S. Patent No. D666,686 (the 686

Patent). The 686 Patent, a design patent, was issued on September 4, 2012 and is entitled Ball
Throwing Aid. A copy of the 686 Patent is attached as Exhibit 2.
10.

Defendant purports to be the owner of U.S. Trademark Registration No.

3,082,546 (the 546 Registration). The 546 Registration was issued on April 18, 2006 and the
546 Registration indicates The mark consists of the configuration of a ball throwing toy with
rounded cup. A copy of the 546 Registration is attached as Exhibit 3.
11.

By a letter dated January 21, 2015 addressed to The Kyjen Company, Inc. at

Kyjens corporate address, Dosckocil, through its counsel, forwarded a courtesy copy of a
Complaint filed in the United States District Court for the Western District of Pennsylvania by
2

Case 1:15-cv-01283 Document 1 Filed 06/17/15 USDC Colorado Page 3 of 6

Doskocil against The Kyjen Company, Inc., captioned Doskocil Manufacturing Company, Inc.
d/b/a Petmate vs. The Kyjen Company, Inc., Civil Action No. 2:15-cv-00088-MRH (the
Petmate Complaint). The Petmate Complaint alleged, among other things, Kyjens
infringement of the 829 Patent by its sales of the Launch-A-Ball product and a pet ball
throwing device sold by Kyjen under the trademark Flik-It.
12.

By a letter dated March 12, 2015, Kyjen, through its counsel, responded to the

infringement allegations presented in the Petmate Complaint with a letter which, among other
things, denied infringement of the 829 Patent by both the Launch-A-Ball and Flik-It
products.
13.

On May 20, 2015 Doskocil filed a Notice of Voluntary Dismissal of the Petmate

Complaint under Fed. R. Civ. P 41(a)(1)(A)(i), which was entered by the Court on the same day.
14.

After the voluntary dismissal, Doskocil, through counsel that is identified as new

counsel and different than counsel of record in the Petmate Complaint, sent a further
threatening letter dated June 3, 2015 to counsel for Kyjen re-alleging and re-stating Kyjens
infringement of the 829 Patent by its sales of the Launch-A-Ball product, and further
alleging for the first time that such Launch-A-Ball product also infringes the 686 Patent and
the purported mark shown in the 546 Registration which were not asserted in the Petmate
Complaint. As such, an actual, immediate, real and judiciable case or controversy exists between
Kygen and Doskocil regarding the allegations of infringement and Kygen is in reasonable
apprehension of a further infringement suit.
15.

No product of Kyjen infringes any valid claim of the 829 Patent.

16.

No product of Kyjen infringes any valid claim of the 686 Patent.

17.

No product of Kyjen infringes the 546 Registration.

18.

Continued claims of infringement by Doskocil are harmful to the reputation and

sales of Kyjens products and will cause irreparable harm to Kyjen.

19.

Accordingly, Kyjen is entitled to and therefore seeks a declaratory judgment that

neither the Launch-A-Ball product nor the Flik-It product infringes any valid claim of
3

Case 1:15-cv-01283 Document 1 Filed 06/17/15 USDC Colorado Page 4 of 6

the 829 Patent, that such products do not infringe any valid claim of the 686 Patent and that
such products do not infringe any mark as shown in the546 Registration.
FIRST CLAIM FOR RELIEF
(Declaratory Judgment of Non-Infringement of the 829 Patent)
20.

Kyjen hereby incorporates by reference each and every allegation set forth in

Paragraphs 1 through 19 of this Complaint.

21.

Kyjens Launch-A-Ball and Flik-It pet ball throwing devices do not

infringe the 829 Patent, directly or indirectly, either literally or under the doctrine of
equivalents.
22.

Kyjen seeks a declaration that the 829 Patent is not infringed by Kyjens

Launch-A-Ball and Flik-It pet ball throwing devices.

23.

A judicial declaration is necessary and appropriate at this time in order that Kyjen

may ascertain its rights and duties with respect to the 829 Patent.
SECOND CLAIM FOR RELIEF
(Declaratory Judgment of Non-Infringement of the 686 Patent)
24.

Kyjen hereby incorporates by reference each and every allegation set forth in

Paragraphs 1 through 23 of this Complaint.

25.

Kyjens Launch-A-Ball and Flik-It pet ball throwing devices do not

infringe the 686 Patent.

26.

Kyjen seeks a declaration that the 686 Patent is not infringed by Kyjens

Launch-A-Ball and Flik-It pet ball throwing devices.

27.

A judicial declaration is necessary and appropriate at this time in order that Kyjen

may ascertain its rights and duties with respect to the 686 Patent.
THIRD CLAIM FOR RELIEF
(Declaratory Judgment of Non-Infringement of the mark shown in the546 Registration)
28.

Kyjen hereby incorporates by reference each and every allegation set forth in

Paragraphs 1 through 27 of this Complaint.

4

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29.

Kyjens Launch-A-Ball and Flik-It pet ball throwing devices do not

infringe the any mark as shown in the 546 Registration.

30.

Kyjen seeks a declaration that the mark shown in the 546 Registration is not

infringed by Kyjens Launch-A-Ball and Flik-It pet ball throwing devices.

31.

A judicial declaration is necessary and appropriate at this time in order that Kyjen

may ascertain its rights and duties with respect to the 546 Registration.
PRAYER FOR RELIEF
WHEREFORE, Plaimtiff prays for judgment against Defendant as follows:
A.

That the Court declare that Kyjens Launch-A-Ball and Flik-It pet ball

throwing devices do not infringe the 829 Patent directly or indirectly, literally or under the
doctrine of equivalents, if made, used, offered for sale, or sold in the United States or imported
into the United States;
B.

That the Court declare that Kyjens Launch-A-Ball and Flik-It pet ball

throwing devices do not infringe the 686 Patent if made, used, offered for sale, or sold in the
United States or imported into the United States;
C.

That the Court deem this case to be exceptional within the meaning of 35

U.S.C. 285 entitling Kyjen to an award of its reasonable attorneys fees and expenses in this
action;
D.

That the Court declare that Kyjens Launch-A-Ball and Flik-It pet ball

throwing devices do not infringe any product configuration trademark or trade dress of a ball
throwing device, including the mark as shown in the 546 Registration.
E.

For a judicial determination that Kyjens products do not infringe or dilute

Dosckocils product configuration mark at common law or as shown in the 546 Registration.
F.

For an Order enjoining Doskocil and its agents and attorneys from further

asserting trademark rights in the product configuration mark as shown in the 546 Registration
against Kyjen and its customers.
G.

For Kyjen to recover its costs and attorneys fees in bringing this action in
5

Case 1:15-cv-01283 Document 1 Filed 06/17/15 USDC Colorado Page 6 of 6

accordance with appropriate provisions of the Lanham Act, Title 15, United States Code.
H.

That the Court grant such other and further relief as the Court may deem just and

proper.
JURY DEMAND
Plaintiff demands a jury trial on all claims for relief.
Dated: June 17, 2015

STETINA BRUNDA GARRED & BRUCKER

By: /s/William J. Brucker

William J. Brucker (CA Bar No. 152,551)
Stephen Z. Vegh (CA Bar No. 174,713)
75 Enterprise, Suite 250
Aliso Viejo, CA 92656
Tel: (949) 855-1246
Fax: (949) 855-6371
Attorneys for Plaintiff
THE KYJEN COPMPANY, LLC

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Exhibit 1

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Exhibit 1 Page 1 of 9

Case 1:15-cv-01283 Document 1-1 Filed 06/17/15 USDC Colorado Page 3 of 10

Exhibit 1 Page 2 of 9

Case 1:15-cv-01283 Document 1-1 Filed 06/17/15 USDC Colorado Page 4 of 10

Exhibit 1 Page 3 of 9

Case 1:15-cv-01283 Document 1-1 Filed 06/17/15 USDC Colorado Page 5 of 10

Exhibit 1 Page 4 of 9

Case 1:15-cv-01283 Document 1-1 Filed 06/17/15 USDC Colorado Page 6 of 10

Exhibit 1 Page 5 of 9

Case 1:15-cv-01283 Document 1-1 Filed 06/17/15 USDC Colorado Page 7 of 10

Exhibit 1 Page 6 of 9

Case 1:15-cv-01283 Document 1-1 Filed 06/17/15 USDC Colorado Page 8 of 10

Exhibit 1 Page 7 of 9

Case 1:15-cv-01283 Document 1-1 Filed 06/17/15 USDC Colorado Page 9 of 10

Exhibit 1 Page 8 of 9

Case 1:15-cv-01283 Document 1-1 Filed 06/17/15 USDC Colorado Page 10 of 10

Exhibit 1 Page 9 of 9

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Exhibit 2

Case 1:15-cv-01283 Document 1-2 Filed 06/17/15 USDC Colorado Page 2 of 5

USO0D666686S

(12) Unlted States Deslgn Patent (10) Patent N0.2

Burger
(54)

(45) Date of Patent:

BALL THROWING A11)

5,437,488 A

_
D

6,076,829

Assignee: Canine Hardware Inc, Kent, WA (US)

(4*)

Term:

Sep. 4, 2012

12/1998 Durbin

D405,660 s

(73)

4*

8/1995 Richmond

D402,167 s
A
S

>l<

2/1999

Hansen

6/2000

Oblack

6,477,745 B2* 11/2002 Strebl .......................... .. 24/312

D480,280 s
10/2003 Schiilein

14 Years

D484,938 s

D554,7l7 s

7,686,001 B2
(21)

US D666,686 S

McKlnnell ................. .. D2l/722

3/2010 Pitt

D630,277 s *

1/2011 McKinnell ................. .. D2l/722

D637,248 s

5/2011 Levin

2MB

D640,338 s *
D655,359 s *

6/2011 Oblacketal. .............. .. D2l/722

3/2012 Thorogood ................ .. D2l/722

(52)

U.S.Cl. .................................................... .. D21/722

* Cited by examiner

(58)

Field of Classi?cation Search ............... .. D21/722,

(22)
(51)

APPLNO-Z 29/405,983

1/2004 Tu ..._ ........................... .. D21/789

11/2007

Filed:
Nov. 8, 2011
L0C(9)Cl

D21/725729789; 124/5741; 24/312

24/33, 336; 473/505i5l5; D30/160
See application ?le for complete search history.
_

(56)

Primary Examiner * Mitchell Siegel

(74) Attorney, Agent, or FirmiChristensen OConnor

Johnson Kmdness PLLC
(57)

References Clted

CLAIM

The ornamental design for a ball throwing aid, as shown and

described.

U.S. PATENT DOCUMENTS

4/1925 Murch
5/1926 Warwick

1,535,029 A
1,585,446 A

SA *
32063202 A
3,423,036 A
3,442,544 A

2
384l292 A
D239,812

D284,342 S

$23153;
9/1965 Evans
2/1969 Parker
5/1969 Faber

lg;

61m
Gould

6/1986 Campbell

4,974,574 A

12/1990 Cutlip

i Eli;

5,129,650 A

13352641 5
5,390,652 A

5,423,543 A

132N722
""""""""""" "

10/1974 Hgggin
5/1976

7/1992

Hayman

11/1994 coquereau
2/1995 Minneman

6/1995 Tarrant

DESCRIPTION

FIG. 1 is a generally front left perspective View of a ball

throwing aid according to the present invention;
FIG. 2 is a left side View of the ball throwing aid shown in
FIG. 1;

FIG. 3 is a top View of the ball throwing aid shown in FIG. 1;

FIG. 4 is a front View of the ball throwing aid shown in FIG.
1;

FIG. 5 1s a nght s1de V1ew of the ball throw1ng a1d shown 1n

FIG_ 1;

g is a bottom View of the ball throwing aid shown in FIG.

3 a

FIG. 71s a rear V1ew ofthe ball throw1ng a1d shown 1n FIG. 1.

1 Claim, 3 Drawing Sheets

Exhibit 2 Page 1 of 4

Case 1:15-cv-01283 Document 1-2 Filed 06/17/15 USDC Colorado Page 3 of 5

US. Patent

Sep. 4, 2012

Sheet 1 of3

US D666,686 S

Exhibit 2 Page 2 of 4

Case 1:15-cv-01283 Document 1-2 Filed 06/17/15 USDC Colorado Page 4 of 5

US. Patent

Sep. 4, 2012

Sheet 2 of3

US D666,686 S

Exhibit 2 Page 3 of 4

Case 1:15-cv-01283 Document 1-2 Filed 06/17/15 USDC Colorado Page 5 of 5

US. Patent

Sep. 4, 2012

Sheet 3 of3

US D666,686 S

Exhibit 2 Page 4 of 4

Case 1:15-cv-01283 Document 1-3 Filed 06/17/15 USDC Colorado Page 1 of 2

Exhibit 3

Case 1:15-cv-01283 Document 1-3 Filed 06/17/15 USDC Colorado Page 2 of 2

Exhibit 3 Page 1 of 1

Case 1:15-cv-01283 Document 1-4 Filed 06/17/15 USDC Colorado Page 1 of 2

JS 44 (Rev. 12/11)

CIVIL COVER SHEET

District of Colorado Form

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.)

I. (a)

DEFENDANTS

PLAINTIFFS

DOSKOCIL MANUFACTURING COMPANY, INC., d/b/a PETMATE, a Texas

corporation

THE KYGEN COMPANY, LLC, a Colorado limited liability company

County of Residence of First Listed Defendant

(b)

County of Residence of First Listed Plaintiff Arapahoe

(IN U.S. PLAINTIFF CASES ONLY)

(EXCEPT IN U.S. PLAINTIFF CASES)

(c)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

TRACT OF LAND INVOLVED.

Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

William J. Brucker/Stephen Z. Vegh

Stetina Brunda Garred & Brucker
75 Enterprise, Suite 250, Aliso Viejo, CA 92656; (949) 855-1246

II. BASIS OF JURISDICTION (Place an X in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES

3 Federal Question
(U.S. Government Not a Party)

1 U.S. Government
Plaintiff

4 Diversity
(Indicate Citizenship of Parties in Item III)

2 U.S. Government
Defendant

(For Diversity Cases Only)

PTF

(Place an X in One Box for Plaintiff)

and One Box for Defendant)
PTF

DEF

DEF

Citizen of This State

Incorporated or Principal Place

of Business In This State

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans (Excl. Veterans)
153 Recovery of Overpayment
of Veterans 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

TORTS
PERSONAL INJURY
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal Injury
362 Personal Injury Med. Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting

365 Personal Injury Product Liability

367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General

442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other

535 Death Penalty

Other:
540 Mandamus & Other

FORFEITURE/PENALTY
625 Drug Related Seizure
of Property 21 USC 881

BANKRUPTCY

OTHER STATUTES

422 Appeal 28 USC 158

375 False Claims Act

400 State Reapportionment
410 Antitrust
430 Banks and Banking

423 Withdrawal
28 USC 157

690 Other
PROPERTY RIGHTS

450 Commerce

820 Copyrights
830 Patent
840 Trademark
LABOR

SOCIAL SECURITY

710 Fair Labor Standards

Act
720 Labor/Mgmt. Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act

IMMIGRATION

861 HIA (1395ff)

862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

460 Deportation
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

TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS - Third Party
26 USC 7609

462 Naturalization Application

895 Freedom of Information Act

896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

465 Other Immigration

Actions

550 Civil Rights

448 Education

555 Prison Condition

560 Civil Detainee Conditions of Confinement

V. ORIGIN

(Place an X in One Box Only)

1 Original

Proceeding

Transferred from
2 Removed from
3 Remanded from
4 Reinstated or
5 another district
6 Multidistrict
State Court
Appellate Court
Reopened
Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Appeal to District
7 Judge from
Magistrate Judgment

28 USC 2201 and 2202

VI. CAUSE OF ACTION

AP Docket

Brief description of cause:

Declaratory Judgement

VII. REQUESTED IN
COMPLAINT:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23
DEMAND $ Proof at Trial

DATE

SIGNATURE OF ATTORNEY OF RECORD

06/17/2015

/s/William J. Brucker

CHECK YES only if demanded in complaint:

No
Yes
JURY DEMAND:

FOR OFFICE USE ONLY

RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

Case 1:15-cv-01283 Document 1-4 Filed 06/17/15 USDC Colorado Page 2 of 2

JS 44 Reverse (Rev. 12/11) District of Colorado Form

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required
for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each
civil complaint filed. The attorney filing a case should complete the form as follows.
I.
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the
official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation
cases, the county of residence of the defendant is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment noting,
noting in this section (see attachment).
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings.
one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

Place an X in

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and
box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of
the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than on e nature
of suit, select the most definitive.
V.

Origin. Place an X in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the
petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this
box is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause.
statutes unless diversity.
Example:
U.S. Civil Statute: 47 USC 553
Brief Description:
Unauthorized reception of cable service
Or:
VII.

Do not cite jurisdictional

AP Docket

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.

Case 1:15-cv-01283 Document 1-5 Filed 06/17/15 USDC Colorado Page 1 of 2

District of Colorado
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Case 1:15-cv-01283 Document 1-5 Filed 06/17/15 USDC Colorado Page 2 of 2

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