IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA AVS FOUNDATION and PITTSBURGH STEELERS,

LLC Plaintiffs, vs. EUGENE BERRY ENTERPRISE, LLC and EUGENE BERRY Defendants. ) ) ) ) ) ) ) ) ) )

COMPLAINT IN CIVIL ACTION AND NOW, come Plaintiffs, AVS Foundation and Pittsburgh Steelers, LLC and make this complaint in civil action, and in support thereof, aver as follows: Parties 1. Plaintiff, AVS Foundation ("Foundation") is a Pennsylvania nonprofit Corporation

with its principal place of business at 1000 Gamma Dr., Suite 106, Pittsburgh, PA 15238. 2. Plaintiff, Pittsburgh Steelers, LLC (Steelers) is a Pennsylvania limited liability

company with its principal place of business at 100 Art Rooney Dr., Pittsburgh, PA 15212. 3. Defendant, Eugene Berry Enterprise, LLC (Enterprise) is a Pennsylvania limited

liability company with its registered office at 204 Parkford Drive, Apartment 204, South Park, PA 15217 and its principal pace of business at P.O. Box 6251, Pittsburgh, PA 15212. 4. Defendant, Eugene Berry (Berry) is an adult individual who, upon information

and belief, resides at 204 Parkford Drive, Apartment 204, South Park, PA 15217, or,

alternatively, at 1516 Union Avenue, McKeesport, PA15132.. Jurisdiction and Venue 5. This Court has jurisdiction over this civil action for federal statutory claims,

trademark infringement, unfair competition and dilution pursuant to at least 28 USC 1331 and 1338, and has supplemental jurisdiction over the Pennsylvania common law unfair competition and fraud claims that are so related to the federal claims as to form part of the same case or controversy under Article III of the United States Constitution pursuant to 28 USC 1367.. 6. Venue lies in this judicial district pursuant to 28 USC 1391 because Enterprises

and Berry reside in this district and a substantial part of the events giving rise to the claims occurred in this district. 7. Foundation is a 501 (C) (3) charitable corporation. Among its charitable

purposes, the Foundation supports Allegheny Valley School, a Pennsylvania nonprofit, charitable corporation that provides residences, residential care and habilitative services to more than 900 intellectually and developmentally disabled persons throughout the Commonwealth of Pennsylvania. By doing so, AVS Foundation relieves the

Commonwealth of Pennsylvania of some of its burden to care for the intellectually and developmentally disabled persons imposed by the Pennsylvania Mental Health and Mental Retardation Act of 1966. 8. ITEM Towel Towel The Foundation is the owner of the following federal trademarks: MARK The Terrible Towel Myron Cope's Official The Terrible Towel REGISTRATION NUMBER 2,128,165 2,123,428

Towel Apron Bib

Myron Cope's Official The Terrible Toddler Towel Myron Cope's Official The Terrible Towel Myron Cope's Official The Terrible Toddler Towel

2,386,205 3,391,362 3,267,807

Cloth Vehicle Flags Myron Cope's Official The Terrible Towel Floor Mats Footballs Myron Cope's Official The Terrible Towel Myron Cope's Official The Terrible Towel

3,267 122 3,137,749 3,038,942

Non-Textile Wall Hangings Myron Cope's Official The Terrible Towel Pillows Totes 9. Myron Cope's Official The Terrible Towel Myron Cope's Official The Terrible Tote

3,275,932 3,164,082 3,828,940

The Foundation is the owner of Pennsylvania trademark "The Terrible",

registration number 3,387,786 10 Due to more than 35 years of use in connection with the Pittsburgh Steelers

football team; their visibility to fans viewing Pittsburgh Steelers football games in person or on television, in Pittsburgh and other cities; media articles about The Terrible Towel; their distribution through numerous channels of commerce, and the stature of Pittsburgh sports writer and Steelers broadcaster, Myron Cope, who had the idea of The Terrible Towel, the marks have become widely recognized by the general consuming public of the United States as a designation of source of the goods, thus earning the status of a famous mark as set forth in 15 USC 1125 (c)(2). 11. 12 In fact, "The Terrible Towel" has its own entry in Wikipedia. The Terrible Towel marks have acquired distinctiveness in that the general

consuming public associates goods manufactured, sold and distributed under The

Terrible Towel marks as originating from a single source, namely the Foundation. 13. The Steelers holds an exclusive license to market items bearing The Terrible

Towel marks. 14. Photographs of various items bearing "The Terrible Towel" marks are attached

hereto as exhibits. (Myron Copes Official The Terrible Towel, Exhibit 1; Myron Copes Official The Terrible Tote, Exhibit 2; Myron Copes Official The Terrible Towel Pillow, Exhibit 3; Myron Copes Official The Terrible Towel Flag, Exhibit 4; Myron Copes Official The Terrible Towel Floor Mat, Exhibit 5, and Myron Copes Official The Terrible Toddler Towel Bib, Exhibit 6.) 15. On or about May 13, 2011 Enterprise filed with the United States Patent and

Trademark Office an application to register as a trademark THE TERRIBLE T-SHIRT. 16. On June 15, 2011 the Foundations counsel wrote to Enterprises attorney;

informed Enterprises attorney of the Foundations trademarks; stated the Foundations intent to oppose the application, and ask Enterprise to withdraw its application. A true and correct copy of the June 15, 2011 letter is attached hereto as Exhibit 10.. 17. Sometime during the week of August 15, 2011, Berry asked National Retail

Graphics, 1200 Lebanon Road, West Mifflin, PA 15122 to print tee shirts emblazoned with the words: The

terrible t-shirt
A PITTSBURGH ORIGINAL A true and correct picture of the tee shirt is attached hereto as Exhibit 7. 18. The National Retail Graphics employee to whom Berry spoke was familiar with

The Terrible Towel trademark and asked Berry if Berry had any relation to Allegheny Valley School. 19. On or about August 18, 2011, Berry brought to National Retail Graphics a false

letter of intent, a true and correct copy of which is attached hereto as Exhibit 8 and used the false letter of intent to hold Berry out as having a relationship to AVS. 20. The letter of intent is false; Berry knew that the letter of intent was false, and

Berry has no relationship to AVS. 21. Upon information and belief, Enterprises has been selling the tee shirt in

interstate commerce since February 2, 2011 (See Exhibit 9) and Berry continues to sell the tee shirts at least through his website at www.stopmtowels.com. Count I Trademark Infringement 22. 23 Paragraphs 1 through 21 are incorporated herein. Defendants producing and to selling the tee shirts are likely to cause confusion

or to cause mistake or to deceive consumers in violation of 15 USC 1114(1) and constitute willful trademark infringement. Trademark infringement is determined by

comparing respective marks for similarities in sound, sight, meaning, and commercial impression. Defendants use of the words emblazoned on the tee shirts falls within at least the sight and meaning categories. 24. The Foundation and the Steelers have been damaged by Defendants'

advertising, sale and distribution of the tee shirts. Count II Unfair Competition 25. 26. Paragraphs 1 through 24 are incorporated herein. There is a likelihood of confusion between Defendants' tee shirts and articles

bearing true The Terrible Towel marks. 27. By producing and to selling the terrible tee shirts Defendants are unfairly

competing with and damaging the Foundation and the Steelers in violation of 15 USC 1125(a). Count III Dilution 28. 29. Paragraphs 1 through 27 are incorporated herein by reference. The Terrible Towel marks have attained the status of famous marks as

defined in 15 USC 1125(c)(2)(A). 30. The Terrible Towel marks have acquired distinctiveness in that the general

consuming public believes that goods manufactured, sold and distributed under The Terrible Towel marks emanate from a single source, namely, the Foundation. 31. The Terrible Towel marks are being subjected to dilution as defined in 15

USC 1125(c) through the action of the Defendants in producing and to selling the tee shirts. Count IV Common Law Unfair Competition 32. 33. Paragraphs 1 through 31 are incorporated herein. By producing and to selling the tee shirts, Defendants are unfairly competing with

and damaging the Foundation and the Steelers in violation of Pennsylvania commonlaw. Count V Fraud 34. 35. 36. Paragraphs 1 through 3 are incorporated herein. At all time relevant to this complaint, Berry was acting as agent for Enterprise. Berrys representing himself as having a relationship to AVS is knowingly false,

and done with the intent to induce tee shirt manufacturers to produce the tee shirts so that Enterprise is able to distribute and to sell the tee shirts in violation of the Foundation and Steelers rights Prayer For Relief Wherefore, plaintiffs, AVS Foundation and Pittsburgh Steelers LLC pray for the following relief: 1. That the Court find that Defendants have created a likelihood of confusion in

violation of 15 USC 1114. 2. That the Court find that Defendants have unfairly competed with Foundation and

the Steelers in violation of 15 USC 1125(a). 3. That the Court find that Defendants have caused dilution of Foundation's

distinctive and famous marks. 4. That the Court find that Defendants have unfairly competed with Foundation and

the Steelers in violation of Pennsylvania common law. 5. That the Court accordingly award the Foundation and the Steelers their damages

under 15 USC 1117, and 18 USC 1964(c) injunctive relief under 15 USC 1116, their attorneys fees under 15 USC 1117 and 18 USC 1964(c) and treble damages for willful infringement pursuant to 15 USC 1117. 6. AVS. 7. That the Court order Defendants to account to Foundation and the Steelers for all That the Court enjoin Berry from holding himself out as having a relationship to

sales of and profits from the sales of the tee shirts 8. That the Court order Defendants to disgorge to the Foundation and Steelers all

profits from the sale of the knockoffs. 9. That the Court award Foundation and the Steelers expenses and costs incurred

in the prosecution of these claims and such other and further of relief as the Court deems just. Respectfully submitted, s/Bernard M. Schneider Bernard M. Schneider Counsel for Defendants PA ID #32245 BRUCKER SCHNEIDER & PORTER FIRM ID # 789 300 Weyman Road Suite 320 Pittsburgh, PA 15236 (412) 881-6620 (telephone)

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases. insert thc docket numbers and tlie corresponding judge names for such cases. Date ant1 Attorney S i ~ n a t ~ t r eD.a te and sign the civil cover sheet.

PDF 10 goes here it wouldnt let me copy it

AO 440 (Rev. 12/09) Summons in a Civil Action

Case 2:11-cv-01084-AJS Document 1-11

Filed 08/22/11 Page 1 of 3

Case 2:11-cv-01084-AJS Document 1-11

Filed 08/22/11 Page 2 of 3

Case 2:11-cv-01084-AJS Document 1-11

Filed 08/22/11 Page 3 of 3

Case 2:11-cv-01084-AJS Document 1-12

AO 440 (Rev. 12/09) Summons in a Civil Action

Filed 08/22/11 Page 1 of 2

UNITED STATES DISTRICT COURT

for the

Western District of of __________ __________ District Pennsylvania

AVS FOUNDATION and PITTSBURGH STEELERS, LLC
Plaintiff

v.
EUGENE BERRY ENTERPRISE and EUGENE BERRY
Defendant

) ) ) ) ) ) )

Civil Action No.

SUMMONS IN A CIVIL ACTION To: (Defendants name and address) EUGENE BERRY ENTERPRISE, LLC
204 Parkford Drive South Park, PA 15217

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Bernard M. Schneider
300 Weyman Road, Suite 320 Pittsburgh, PA 15236 (412) 881-6620

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:

08/22/2011
Signature of Clerk or Deputy Clerk

Case 2:11-cv-01084-AJS Document 1-12

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Filed 08/22/11 Page 2 of 2

Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) .

I personally served the summons on the individual at (place) on (date) I left the summons at the individuals residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individuals last known address; or , who is on (date) I returned the summons unexecuted because Other (specify): . ; or ; or ; or

I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print

Save As...

Reset

Case 2:11-cv-01084-AJS Document 1-13

AO 440 (Rev. 12/09) Summons in a Civil Action

Filed 08/22/11 Page 1 of 2

UNITED STATES DISTRICT COURT

for the

Western District of of __________ __________ District Pennsylvania

AVS FOUNDATION and PITTSBURGH STEELERS, LLC
Plaintiff

v.
EUGENE BERRY ENTERPRISE and EUGENE BERRY
Defendant

) ) ) ) ) ) )

Civil Action No.

SUMMONS IN A CIVIL ACTION To: (Defendants name and address) EUGENE BERRY ENTERPRISE, LLC
204 Parkford Drive South Park, PA 15217

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Bernard M. Schneider
300 Weyman Road, Suite 320 Pittsburgh, PA 15236 (412) 881-6620

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:

08/22/2011
Signature of Clerk or Deputy Clerk

Case 2:11-cv-01084-AJS Document 1-13

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Filed 08/22/11 Page 2 of 2

Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) .

I personally served the summons on the individual at (place) on (date) I left the summons at the individuals residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individuals last known address; or , who is on (date) I returned the summons unexecuted because Other (specify): . ; or ; or ; or

I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print

Save As...

Reset

OJS 44 (Rev. 12/07)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference 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 THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS

AVS FOUNDATION and PITTSBURGH STEELERS, LLC

DEFENDANTS

EUGENE BERRY ENTERPRISE and EUGENE BERRY

(b) County of Residence of First Listed Plaintiff

Allegheny

County of Residence of First Listed Defendant

Allegheny

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

II. BASIS OF JURISDICTION

1
U.S. Government Plaintiff

(Place an X in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff

(For Diversity Cases Only) PTF Citizen of This State 1 DEF 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation

3 Federal Question (U.S. Government Not a Party) 4 Diversity

(Indicate Citizenship of Parties in Item III)

U.S. Government Defendant

Citizen of Another State

2 3

5 6

5 6

Citizen or Subject of a Foreign Country

IV. NATURE OF SUIT

CONTRACT

(Place an X in One Box Only) TORTS 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 CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights PERSONAL INJURY 362 Personal Injury Med. Malpractice 365 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 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

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

610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 881 630 Liquor Laws 640 R.R. & Truck 650 Airline Regs. 660 Occupational Safety/Health 690 Other LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt.Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act
IMMIGRATION 462 Naturalization Application 463 Habeas Corpus Alien Detainee 465 Other Immigration Actions

422 Appeal 28 USC 158 423 Withdrawal 28 USC 157

PROPERTY RIGHTS 820 Copyrights 830 Patent 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 or Defendant) 871 IRSThird Party 26 USC 7609

400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes

V. ORIGIN
1 Original Proceeding

(Place an X in One Box Only)

Appeal to District Appellate Court

2 Removed from
State Court

3 Remanded from

4 Reinstated or 5 Transferred from 6 Multidistrict another district Reopened Litigation (specify)

7 Judge from Magistrate

Judgment

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Brief description of cause:

15 USC 1114, 1125

DEMAND $ CHECK YES only if demanded in complaint: Yes No JURY DEMAND: DOCKET NUMBER

CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE IF ANY
DATE

Defendant is producing and selling "The terrible t-shirt" in violation of "The Terrible Towel" trademark

SIGNATURE OF ATTORNEY OF RECORD

08/22/2011
FOR OFFICE USE ONLY RECEIPT # AMOUNT

s/ Bernard M. Schneider

APPLYING IFP

JUDGE

MAG. JUDGE

Print

Save As...

Export as FDF

Retrieve FDF File

Reset

JS 44AREVISED June, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA THIS CASE DESIGNATION SHEET MUST BE COMPLETED PART A This case belongs on the (
1. ERIE CALENDAR

Erie

Johnstown

Pittsburgh) calendar.

cause of action arose in the counties of Crawford, Elk, Erie, Forest, McKean. Venang or Warren, OR any plaintiff or defendant resides in one of said counties.

- If

2. JOHNSTOWN CALENDAR

- If cause of action arose in the counties of Bedford, Blair, Cambria, Clearfield or Somerset OR any plaintiff or defendant resides in one of said counties.

3. Complete if on ERIE CALENDAR: I certify that the cause of action arose in resides in County. County and that the 4. Complete if on JOHNSTOWN CALENDAR: I certify that the cause of action arose in County and that the resides in County. PART B (You are to check ONE of the following) 1.
2.

This case is related to Number . Short Caption This case is not related to a pending or terminated case.

DEFINlTIONS OF RELATED CASES: CIVIL: Civil cases are deemed related when a case filed relates to property included in another suit or involves the same issues of fact or it grows out of the same transactions as another suit or involves the validity or infringement of a patent involved in another suit EMINENT DOMAIN: Cases in contiguous closely located groups and in common ownership groups which will lend themselves to consolidation for trial shall be deemed related. HABEAS CORPUS & CIVIL RIGHTS: All habeas corpus petitions filed by the same individual shall be deemed related. All pro se Civil Rights actions by the same individual shall be deemed related. PARTC I. CIVIL CATEGORY (Place x in only applicable category). 1. Antitrust and Securities Act Cases 2. Labor-Management Relations 3. Habeas corpus 4. Civil Rights 5. Patent, Copyright, and Trademark 6. Eminent Domain 7. All other federal question cases All personal and property damage tort cases, including maritime, FELA, 8. Jones Act, Motor vehicle, products liability, assault, defamation, malicious prosecution, and false arrest 9. Insurance indemnity, contract and other diversity cases. 10. Government Collection Cases (shall include HEW Student Loans (Education), V A 0verpayment, Overpayment of Social Security, Enlistment Overpayment (Army, Navy, etc.), HUD Loans, GAO Loans (Misc. Types), Mortgage Foreclosures, SBA Loans, Civil Penalties and Coal Mine Penalty and Reclamation Fees.)

I certify that to the best of my knowledge the entries on this Case Designation Sheet are true and correct

Date: ATTORNEY AT LAW NOTE: ALL SECTIONS OF BOTH SIDES MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.

IS 44 Revenc (Re\*. 12/07)

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 tilings and service of pleading or other papers as required by law, except as provided by local rules ofcourt. This form, approved by the Judicial Conferen= of the United States in September 1974. is required for the use ofthe ClerkofCourt for the purpose of initiating thc civil docket sheet. Consequently, acivil cover sheet is submitted to tile Clerk ofcourt foreach civil complaint filed. The attorney tiling a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last. first. middle initial) ofplaintiff and defendant. Ifthe plaintiff or delendant is a governlnent agency, useo~lly the full name or standard abbreviations. Iftlie plaintiffor defendant is an official within ngovemment agency, identiG tint the agency and then the oflicial, giving both name and title. (b) County ot'Residence. For each civil case filed, except U.S. plaintiff cases, enter the nameofthe county where the tint listed plaintiffresides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which tlie 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 Ihe firm name, address, telephone number, and attorney of record. If there are several attorneys. list them on an i~ttachrnent,noting in this section "(see attachment)".
11. Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a), F.R.C.P.. which requires that jurisdictions be shown in pleadings. Place an " X in one of Ihe boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below.

United States plaintiff. ( I ) 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. 133 1, where jurisdiction arises under the Constitution of the United States, an n~nendmentto 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 prccedence, and box 1 or 2 should bc marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. Whe~l 4 is checked, thc citizenship of the Box different parties must be checked. (See Section Ifl below; federal question actions take precedence over diversity cases.) Ill. Residence (citizenship) of Principal Parties. This sectionofthe JS 44 is to be completed ifdiversity ofcitizenship was indicated above. Mark this section for ench principal party. Nature of Suit. Place an "X" in the appropriate box. Ifthe natureofsuit cannot be determined, be sure the cause ol'action. ill Section V1 below, is sutTicient IV. to enable the deputy clerk or the statistical clerks in the Administrative Oflice to determine the nature of suit, If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. ( I ) Cases which originate in the United States district courts. R Removed from State Coort. (2) Proceedings initiated in state courts may be removed to the district courts under Title 2 U.S.C.. Section 144 1. When the petition for removal is granted, check this box. Remanded tfom Appellate Court (3) Check this box for cases remnnded to thedistrict court for Further action. Use !lie date of remand as the tiling 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 disbict transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district underauthority ofTitle 28 U.S.C. Section 1407. When this box is cliecked. do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal born a magistrate judge's decision. CauseofAction. Reportthe civil statute directly related tothecauseofaction and givea briefdescription ofthe cause. Do not cite juristlictional statutes VI. U.S. civil Statute: 47 USC 553 unless diversity. Example: Brief Description: IJnauthor~zedreception of cable service VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23. F.R.Cv.P. Denland. In this space enter the dollar amount (in thousands ofdollars) being demanded or indicate other denland such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases. insert thc docket numbers and tlie corresponding judge names for such cases. Date Date ant1 Attorney S i ~ n a t ~ t r e . and sign the civil cover sheet.