P. 1
Chuck Roaste v. Reverse Gear - Complaint

Chuck Roaste v. Reverse Gear - Complaint

|Views: 5|Likes:
Published by slburstein
Chuck Roaste v. Reverse Gear - Complaint
Chuck Roaste v. Reverse Gear - Complaint

More info:

Published by: slburstein on May 27, 2014
Copyright:Traditional Copyright: All rights reserved

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

05/27/2014

pdf

text

original

1 - 1

-
Plaintiff’s Complaint - 1



1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26




IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION


Chuck Roaste LLC, )
817 Torrence Blvd., Ste. 154 ) Case No.
Redondo Beach, California 90277, )
) J udge
Plaintiff, )
) Magistrate
v. )
)
Reverse Gear, LLC, ) COMPLAINT FOR DESIGN
10250 Constellation Blvd., 19
th
Floor ) PATENT INFRINGEMENT
Los Angeles, California 90067, )
) (Jury Demand Endorsed Hereon)
and, )
)
Call Me Bleu, LLC, )
200 North Swall Drive, #310 )
Beverly Hills, California 90211, )
)
Defendants. )



NOW COMES the Plaintiff, Chuck Roaste, LLC, and for its Complaint against the
Defendants alleges as follows:
THE PARTIES
1. The Plaintiff, Chuck Roaste, LLC, is a corporation organized under the laws of California,
and has its principal place of business in California.
2. The Defendant, Reverse Gear, LLC, is a corporation organized under the laws of Delaware,
and has its principal place of business in California.
3. The Defendant, Call Me Bleu, LLC, is a corporation organized under the laws of an unknown
state, and has its principal place of business in California.
Case: 1:14-cv-01109 Doc #: 1 Filed: 05/22/14 1 of 6. PageID #: 1
2 - 2 -
Plaintiff’s Complaint - 2



1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26




JURISDICTION AND VENUE
4. This is an action for patent infringement. The patent claims arise under the patent laws of the
United States, specifically 35 U.S.C. § 281. This Court has subject matter jurisdiction in this
matter pursuant to 28 U.S.C. §§ 1331, 1338, and 35 U.S.C. § 281 because this action arises
under the patent laws of the United States.
5. This Court has personal jurisdiction over the Defendants by virtue of their sale of products,
transaction of business, and solicitation of business within the State of Ohio, within this
judicial district and elsewhere.
6. Ohio’s Long-Arm Statute, RC § 2307.382(A)(1), provides that “A court may exercise
personal jurisdiction over a person who acts directly or by an agent, as to a cause of action
arising from the person’s: (1) Transacting any business in this state.” In this case, the
Defendants transact business in this state. The Defendants supply infringing jeans that are
widely sold throughout the state.
7. Ohio’s Long-Arm Statute, RC § 2307.382(A)(2), provides that “A court may exercise
personal jurisdiction over a person who acts directly or by an agent, as to a cause of action
arising from the person’s: (2) Contracting to supply services or goods in this state.” In this
case, the Defendants contract to supply goods in this state. The Defendants supply infringing
jeans that are widely sold throughout the state.
8. Venue is proper in the Northern District of Ohio pursuant to 28 U.S.C. § 1391(b)(2) and/or
28 U.S.C. § 1400(b) because a substantial part of the events giving rise to the claims
occurred in this judicial district, the Defendants are subject to personal jurisdiction in this
district, and infringement occurred within this judicial district.
Case: 1:14-cv-01109 Doc #: 1 Filed: 05/22/14 2 of 6. PageID #: 2
3 - 3 -
Plaintiff’s Complaint - 3



1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26




FACTUAL ALLEGATIONS
9. On J une 25, 2002, United States Design Patent No. D459,055, entitled “Reversible Denim
Pants” (hereinafter referred to as the ‘055 patent) duly and legally issued to Toshio Hosogai,
as inventor, for the aforementioned reversible jeans. (A true and accurate copy of the ‘055
patent as issued is attached hereto as “Exhibit 1.”)
10. All rights to the ‘055 patent, including but not limited to, the right to recover for
infringement thereunder, has been assigned to the Plaintiff, Chuck Roaste LLC.
11. The Plaintiff has manufactured and marketed products in commerce that read on the ‘055
patent, but currently, is not manufacturing or marketing products that read on the ‘055 patent.
12. Upon information and belief, the Defendants, at times relevant, had actual knowledge of the
existence of the ‘045 patent.
13. The Defendants have been and are currently making, using, offering for sale, selling, and/or
importing products that infringe the ‘055 patent. (See the Defendants’ product attached
hereto as “Exhibit 2.”)
14. Infringement has occurred in this judicial district and elsewhere. (See a sale in this judicial
district attached as “Exhibit 3.”)
15. The aforementioned activities of the Defendants have injured and threaten future injury to the
Plaintiff.
16. The Defendants are not authorized in any way to sell their infringing products or to use the
patent owned by the Plaintiff.
17. The Plaintiff is entitled to an award of damages against the Defendants for patent
infringement, in no event less than a reasonable royalty.
Case: 1:14-cv-01109 Doc #: 1 Filed: 05/22/14 3 of 6. PageID #: 3
4 - 4 -
Plaintiff’s Complaint - 4



1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26




CLAIM NO. 1
(Patent Infringement 35 U.S.C. § 271)

18. The Plaintiff hereby incorporates by reference each statement, whether written above or
below, as if each is fully re-written herein.
19. The Defendants have been and are currently making, using, offering for sale, selling, and/or
importing products that infringe the ‘055 patent.
20. The Defendants have infringed the ‘055 patent because the Defendants’ accused article,
namely, the “Bleulab: reversible 8-pocket boot in aqua fortis” jeans, embody the patented
design of the ‘055 patent or any colorable imitation thereof.
21. The Defendants’ product is substantially similar to the ‘055 design patent under the “ordinary
observer” test enunciated in Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir.
2008); Citing Gorham Co. v. White, 81 U.S. 511 (1871).
22. The Defendants’ conduct is an infringement of the ‘055 patent, and in violation of 35 U.S.C.
§ 271 within this judicial district and elsewhere.
23. The Defendants will continue to make, use, offer for sale, sell, and import their infringing
products unless enjoined by this Court.
24. The Defendants have been, and are, actively inducing infringement of the ‘055 patent.
25. The Defendants’ infringement is, and at all times has been, deliberate, willful, with full
knowledge of the Plaintiff’s patent rights, and wanton, and as a result, the Plaintiff is entitled
to treble damages pursuant to 35 U.S.C. § 284.
26. This is an exceptional case within the meaning of 35 U.S.C. § 285, and the award of
appropriate attorneys’ fees is justified.

Case: 1:14-cv-01109 Doc #: 1 Filed: 05/22/14 4 of 6. PageID #: 4
5 - 5 -
Plaintiff’s Complaint - 5



1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26




PRAYER FOR RELIEF / REQUEST FOR REMEDIES
WHEREFORE, the Plaintiff prays that this Court to enter an Order in favor of the Plaintiff
and against the Defendants as follows:
A) A preliminary and permanent injunction enjoining the Defendants from making, using,
selling, offering for sale, and importing any product that infringes upon the ‘055 patent;
B) An accounting for damages resulting from Defendants’ patent infringement and contributory
infringement and the trebling of such damages because of the knowing, willful, and wanton
nature of the Defendants’ conduct;
C) An assessment of interest on the damages so computed;
D) An award of attorney’s fees and costs in this action under 35 U.S.C. § 285;
E) J udgment against Defendants for an accounting and monetary award in an amount to be
determined at trial, including reasonable royalties;
F) Requiring Defendants to provide full disclosure of any and all information relating to its
supplier or suppliers of infringing product;
G) Requiring Defendants to provide the location of any and all manufacturing equipment,
including but not limited to, molds used to manufacture infringing product;
H) Requiring Defendants to destroy any and all manufacturing equipment used to manufacture
infringing product or to deliver said equipment to the Plaintiff;
I) Ordering a product recall of infringing product for destruction;
J ) Requiring Defendants to file with this Court and serve on the Plaintiff within thirty (30) days
of this Court’s order a report setting forth the manner in which they complied with the order;
Case: 1:14-cv-01109 Doc #: 1 Filed: 05/22/14 5 of 6. PageID #: 5
6 - 6 -
Plaintiff’s Complaint - 6



1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26




K) Requiring Defendants to provide to Plaintiff all sales records, including but not limited to,
email, mail, and advertising lists;
L) Damages according to each cause of action herein; and
M) Prejudgment interest.
JURY DEMAND
WHEREFORE, the Plaintiff requests a trial by jury on all issues so triable.




Most Respectfully Submitted,


___/s/ David A. Welling_____________
C. VINCENT CHOKEN (0070530)
DAVID A. WELLING (0075934)
CHOKEN WELLING LLP
3020 West Market Street
Akron, Ohio 44333
Tel. (330) 865 – 4949
Fax (330) 865 – 3777
vincec@choken-welling.com
davidw@choken-welling.com

JOHN D. GUGLIOTTA (0062809)
MCCARTHY LEBIT, CRYSTAL & LIFFMAN
101 West Prospect Ave., Ste. 1800
Cleveland, Ohio 44115
Tel. (216) 696 – 1422
Fax (216) 696 – 1210
jdg@mccarthylebit.com

Counsel for the Plaintiff
Case: 1:14-cv-01109 Doc #: 1 Filed: 05/22/14 6 of 6. PageID #: 6
Case: 1:14-cv-01109 Doc #: 1-1 Filed: 05/22/14 1 of 5. PageID #: 7
111111 11111111111111111111111111111111111111111111111111111111
USOOD459055S
(12) United States Design Patent (lo) Patent No.: US D459,055 S
** *Jun.25,2002
Hosogai (45) Date of Patent:
(54) REVERSIBLE DENIM PANTS
(76) Inventor: Toshio Hosogai, One Irving Pl.,
#V29B, New York, NY (US) 10003
( * ) Notice: This patent is subject to a terminal dis-
claimer.
(**) Term: 14 Years
(21) Appl. No.: 29/111,184
(22) Filed: Sep. 22, 1999
(51) LOC (7) Cl. .................................................... 02-02
(52) U.S. Cl. ........................................................ D2/742
(58) Field of Search ........................ D2/742, 745; 2/79,
(56)
2/80, 83, 400--408, 227, 234, 235, DIG. 2,
411
References Cited
U.S. PATENT DOCUMENTS
D161,057 S * 11/1950 Schwab ....................... D2/742
3,959,826 A * 6/1976 Hakanson ...................... 2/227
5,634,215 A * 6/1997 DeBaene ....................... 2/227
5,881,392 A * 3/1999 Koerner eta!. ................ 2/227
5,956,775 A * 9/1999 Ezra .............................. 2/227
* cited by examiner
Primary Examiner-Louis S. Zarfas
Assistant Examiner-Robert A Delehanty
(74) Attorney, Agent, or Firm-John D. Gugliotta
(57) CLAIM
The ornamental design for a reversible denim pants, as
shown and described.
DESCRIPTION
FIG. 1 is a front elevational view of a reversible denim pants
showing my new design;
FIG. 2 is a rear elevational view thereof;
FIG. 3 is a front elevational view thereof, shown in a
reversed condition; and,
FIG. 4 is a rear elevantional view thereof, shown in a
reversed condition.
The surfaces or portions of the article not shown in the
drawing or described in the specification form no part of the
claimed design.
1 Claim, 4 Drawing Sheets
Case: 1:14-cv-01109 Doc #: 1-1 Filed: 05/22/14 2 of 5. PageID #: 8
U.S. Patent Jun.25,2002 Sheet 1 of 4 US D459,055 S
FIG. 1
Case: 1:14-cv-01109 Doc #: 1-1 Filed: 05/22/14 3 of 5. PageID #: 9
U.S. Patent Jun.25,2002 Sheet 2 of 4 US D459,055 S
FrG. 2
Case: 1:14-cv-01109 Doc #: 1-1 Filed: 05/22/14 4 of 5. PageID #: 10
U.S. Patent Jun.25,2002 Sheet 3 of 4 US D459,055 S
FIG. 3
Case: 1:14-cv-01109 Doc #: 1-1 Filed: 05/22/14 5 of 5. PageID #: 11
U.S. Patent Jun.25,2002 Sheet 4 of 4 US D459,055 S
{1::.
,:-:!> ;{,;ll
FfG. 4
Case: 1:14-cv-01109 Doc #: 1-2 Filed: 05/22/14 1 of 4. PageID #: 12
Claims Chart Comparison between U.S. Des. 459,055
and
Design Sold as "The Reversible Collection" by
BLUELAB®
Des. 459,055
FIG. 1 is a front elevational view of a
reversible denim pants showing my new
design;
Accused Infringing Product
Case: 1:14-cv-01109 Doc #: 1-2 Filed: 05/22/14 2 of 4. PageID #: 13
Claims Chart Comparison between U.S. Des. 459,055
and
Design Sold as "The Reversible Collection" by
BLUELAB®
Des. 459,055
FIG. 2 is a rear elevational view thereof; Accused Infringing Product
Case: 1:14-cv-01109 Doc #: 1-2 Filed: 05/22/14 3 of 4. PageID #: 14
Claims Chart Comparison between U.S. Des. 459,055
and
Design Sold as "The Reversible Collection" by
BLUELAB®
Des. 459,055
FIG. 3 is a front elevational view thereof:
shown in a reversed condition;
Accused Infringing Product
Case: 1:14-cv-01109 Doc #: 1-2 Filed: 05/22/14 4 of 4. PageID #: 15
Claims Chart Comparison between U.S. Des. 459,055
and
Design Sold as "The Reversible Collection" by
BLUELAB®
Des. 459,055
FIG. 4 is a rear elevational view thereo:t:
shown in a reversed condition.
Accused Infringing Product
Case: 1:14-cv-01109 Doc #: 1-3 Filed: 05/22/14 1 of 2. PageID #: 16

-.Coogle
Your Shipping Conftnnatlon
<emal@anal.8pm.c:an> Fll, May 2, 2014 at 3:39PM
Reply-To: "8pm.c:cm• <181l!Y ....   I a71-1068807-1C lll4@anaii.8Jim.ccm>
To: cla\4dw0Choken-walq.ccm
Your Snipping Connrmadonl 6pm .oom
vrt• tb[o tmoll!o ygur bmwaor I Uoouboatbo bm Ntyl§ molllnao
Shoas Clollllng Bags & Handbags Clearan01
He,.. I• your tracking Information:
UPS Tracking Number: 1ZRJ(l?§§2}?2?!\lft44
Plea$\\ notlllt may urke 2.4 hour8 for your tracking number 11>
return any lnformeuon.
HI Frlendl
We've got e surpriSe for you-your order hU shipped I We've el9o
Included your tracking Info, so you Cjln trtek your order II> 1'1$ final
dllstlnetlon.
Your friends in fashion,
6pm.com
Your Purcl!aslng Information
Your Ordar Jnformatlont
Your Order #: 13188>425
ltllm Ordered: 1
Order ToUII: $106.99
Your Shipping and Ill ling !nformaelont
Shipping Metho4: Slllnderd Shipping (4-S b\Jsl- deyg}
Delli Ordered: 05/01/2014
Dete Shipped: OS/02/2014
lhlppad To: •n•d To:
Davkl Welling Cbartes V ChOken
FREE SliAJi.-, On It Orders
l
l
New
Clothing

CLEARANCE

liZ
Case: 1:14-cv-01109 Doc #: 1-3 Filed: 05/22/14 2 of 2. PageID #: 17
512212014
3020 W. Market St.
Fairlawn, OH 44333-3609
Your Order Summary
Items Shipped Today
Gmall- Ycu Ca'lllrrnaaon
3020 W Market St
Fairlawn, OH 44333-3609
Bleulab: Reversible 8-Pocket Boot in Aqua Fortis
SKU# 8180028
Color: Aqua Fortis
Size: 29
Inseam: 34
Track This Item: 1ZRX12660322903844
Subtotal (1 Item):
Standard Shipping (4-5 business days):
Collected Tax:
$106.99
$106.99
$0.00
$0.00
Order Total: $106.99
1"--·-·- ---·-·-·-·--- -·-·----·- -··-·-·-·-·-. -·-·----·- -·---·-·-·- ---·-·-·---- -·-·---·- --·---·-·- -- -·-·-·-···-·- ----·-·- ----·-·-·--- -
00®
My Account • Customer Service • Contact Us • Safe Shopping Guarantee
Privacy Polley · Survey · Unsubscribe
This Shipping Confirmation was sent to davidw@choken-...elling.com.
Please add email@email.6pm.com to your address book to ensure our emails reach your inboxl
If you'd rather not receive emails, simply unsubscribe. We'll miss you tenibly, though.
© 2007 - 2014 Zappos.com, Inc. or Its afflllates
400 E Stewart Ave Las Vegas, Nevada 89101
6pm .com is operated by Zappos IP, Inc.
Products on 6pm .com are sold by 6pm .com, LLC.
Gift certificates and gift cards on 6pm.com are sold by Zappos Gift Cards, Inc.
  =bleulab&qs=trua&search=quer)6omag= 145be73599all869&sin1= 1-45be7'3009Bffa59 'l/2
Case: 1:14-cv-01109 Doc #: 1-4 Filed: 05/22/14 1 of 3. PageID #: 18
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of or other papers as required by law, except as
provided by local rules of court. This fonn, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
pmpose o(initiatiog the civil docket sheet. (SEE INSTRUCTIONS ON NEXI' PAGE OF TillS FORM.)
  et al.,
(b) County of Residence of First Listed Plaintiff C,a,.,_._,lif"'o""'m"'i,.a _____ _ County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE TIIE LOCATION OF
TIIE TRACT OF LAND INVOLVED.
Attorneys (If Knowt1)
II. BASIS OF JURISDICTION (PklceCUI "X"inOMBw;Or!ly) m. CITIZENSIDP OF PRINCIPAL pARTIES (Pklce CUI "X" in OM Bw;for PlaiPitijf
0 1 u.s. Government
(For Diversity Cases OPI/y) CUid OM Bw;for Deferulant)
Federal Question PTF DEF PTF DEF
Plaintiff (U.S. a Pony) Citizen of This State (] 1 (] 1 Incotpomted or Principal Pl&:e (] 4 (] 4
ofBusiness In This State
(]2 u.s. Government (]4 Diversity Citizen of Another State (] 2 (] 2 Incmporated artd Principal Place (] 5 (] 5
Defendant (Indicau Citizerrship of Parties in III) of Business In Another State
Ll 3 Ll 3 Foreign Nation (] 6 (] 6
IV. NATURE OF SUIT (Pklce CUI "X" in Or!e Box OPI/y)
CT TORTS
R,
OTHER
(] 110 Insunnce PERSONAL lNJURY PERSONAL INJURY Ll 625 Drug Related Seizure Ll 422 Appeal28 USC 158 Ll 375 Fllhe Claims Act
(] 120 Marine (] 310 Airplane (] 365 Personal Injury - of Property 21 usc 881 (] 423 Withdrawal (] 400 State RcspportiolllllCIIt
(] 130 Miller Act (] 315 Airplane Product Product Liability (] 6900ther 28USC 157 (] 410 Antitrust
(] 140 Negotiable Instrument Lillbility (] 367 Health Carel Ll 430 Banks and BIDking
(] 150 R.ecovecy ofOvmpaymeut (] 320 Assault, Libel & l'harmaceutical 'RIGHTS (] 450 Commerce
& EDforcemcnt of Judgment Slander Penollal lnjwy (] 820 Copyrights (] 460 Deportation
(] 151 Meclicare Act (] 330 Federal Employers' Product Liability 830Patcnt (] 470 Racketeer Influenced and
(] 152 R.ecovecy ofDefirultcd Liability (] 368 Asbestos Penollal (] 840 Tradcmarll: Corrupt Organizations
StudcntLollllll (] 340 Marine Injwy Product (] 480 Consumer Credit
(Exi:ludcs Vetenms) (] 345 Marine Product Liability LABOR SO( IAL (] 490 Cable/Sat 1V
(] 153 R.ecovecy ofOverpaymeut Liability PERSONAL PROPERTY (] 710 Fm Labor Standanla (] 861 HIA (1395ft) (] 850 Securities/Commoditielll
ofVcteran's Benefits (] 350 Motor Vehicle (] 370 Other Fraud Act Ll 862 Black Lung (923) Exchange
(] 160 Stocldwlders' Suits (] 355 Motor Vehicle (] 371 Truth in Lending (] 720 Labor/Muagement (] 863 DIWC/DIWW (40S(g)) (] 890 Other Statutory Actions
Ll 190 Other Contract Product Liability (] 380 Other Penollal Relations Ll 864 SSID Title XVI Ll 891 Agricultural Acts
(] 195 Contnct Product Liability (] 360 Other Personal Property Damage (] 740 Railway Labor Act (] 865 RSI (405(g)) (] 893 Enviromncntal Matters
(] 196 Franchise lnjwy Ll 385 Property D8IDJ18C (] 751 Family and Mcclical (] 895 Freedom oflnformation
(] 362 Penonal Injmy - Product Liability Leave Act Act
Medical (] 790 Other Labor Litigation (] 896 Albitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS (] 791 Employee R.ctircment FEDERAL TAX SUITS (] 899 Administrative Procedure
(] 210 Land Condemnation (] 440 Other Civil Rights Babeu Corpn1: Jncomc Security Act Ll 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
(] 220 Foreclosure (] 441 Voting (] 463 Alien Detainee or Defendant) Agency Decision
(] 230 Rent Lease & Ejectment (] 442 Employment (] 510 Motions to Vacate (] 871 IRS-Third Party (] 950 Constitutionslity of
(] 240 Torts to Land Ll 443 Houaing/ Sentence 26USC7609 State Statutes
(] 245 Tort Product Liability Accommodations (] 530 General
(] 290 All Other Real Property Ll 445 Amer. w/Disabilities - Ll 535 Death Penalty IMMIGRATION
Employmeut Other: 0 462 Natw'aliDtion Application
(] 446 Amer. w!Disabilities - Ll 540 Mandamus & Other (] 465 Other Immigmtion
Other 0 550 Civil Rights Actions
(] 448 Education (] 555 Priaon Conclition
0 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (PiaceaPI ''X" iPI OMBCYX OPIJ;y)
)I( 1 Original I'J 2 Removed from I'J 3 Remanded from
Appellate Court
I'J 4 Reinstated or I'J 5 Transferred from I'J 6 Multidistrict
Proceeding State Court Reopened Another District Litigation
(specify)
Cite the U,S, Civil Statute under which you are filing (Do 1tol dt. *llltU 111tla• tliHnity):
35 USC 271 et al.
VI. CAUSE OF ACTION
Design Patent Infringement
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE
05/2212014
FOR OFFICE USE ONLY
LJ CHECK IF TinS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
(See in.rtructiml&):
JUDGE
DEMANDS
SIGNATIJRE OF ATIORNEY OF RECORD
Is/ David A. Welling
RECEIPT# AMOUNT APPLYING IFP
CHECK YES only if demanded in complaint:
JURY DEMAND: )d Yes I'J No
DOCKET NUMBER
JUDGE MAG. JUDGE
Case: 1:14-cv-01109 Doc #: 1-4 Filed: 05/22/14 2 of 3. PageID #: 19
I.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
Civil Categories: (Please check one category only).
1. 0
2. D
3. D
General Civil
Administrative Review/Social Security
Habeas Corpus Death Penalty
*If under Title 28, §2255, name the SENTENCING JUDGE:
CASE NUMBER:
II. RELATED OR REALEDCASES. See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court
and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and
subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardfor
the place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible for
bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet.w
This action is D RELATED to another PENDING civil case. This action is D REAl..S) pursuant to LR 3.1.
If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.
Ill. In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the
divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the
purpose of determining the proper division, and for statistical reasons, the following information is requested.
ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH
PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.
(1) Resident defendant. If the defendant resides in a county within this district, please set forth the name of such
county
couNTY:
Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in which
it has its principal place of business in that district.
(2) Non-Residant defendant. If no defendant is a resident of a county in this district, please set forth the county
wherein the cause of action arose or the event complained of occurred.
COUNTY: Cuyahoga
(3) Other Cases. If no defendant is a residentofthis district, or if the defendant is a corporation not having a principle
place of business within the district, and the cause of action arose or the event complained of occurred outside
this district, please set forth the county of the plaintiff's residence.
COUNTY:
IV. The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is
determined in Section Ill, please check the appropriate division.
EASTERN DMSION
D AKRON
0 CLEVELAND
D YOUNGSTOWN
WESTERN DMSION
D TOLEDO
(Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne)
(Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Gaauga, Lake,
Lorain, Medina and Richland)
(Counties: Columbiana, Mahoning and Trumbull)
(Counties: Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry,
Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca
VanWart, Williams, Wood and Wyandot)
Case: 1:14-cv-01109 Doc #: 1-4 Filed: 05/22/14 3 of 3. PageID #: 20 JS 44 (Rov. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the informatioo 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. Coosequently, 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:
L(a) Plaintiffil-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, giviug 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
condenmation cases, the county of residence of the "defendant" is the location of the tract ofland involved.)
(c) Attorneys. Enter the firm name, address, telephooe number, and attorney of record. If there are several attorneys, list them oo an attaclnnent, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdictioo is set forth under Rule 8(a), F .R.Cv.P., which reqnires that jurisdictions be shown in plesdings. Place ao "X"
in ooe of the boxes. If there is more than ooe basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (I) Jurisdictioo based oo 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 ao "X" in this box.
Federal questioo. (3) This refers to suits under 28 U.S.C. 1331, where jurisdictioo arises under the Coostitutioo of the United States, ao amendment
to the Coostitution, an act ofCoogress 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; NOTE: federal question actions take precedence over diversity
cases.)
m. Residence (citizenship) of Principal Parties. This sectioo 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 clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the six boxes.
Original Proceedings. (I) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Sectioo 1441.
When the petitioo for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for fwther 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 Aoother District (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigatioo transfers.
Multidistrict Litigatioo. (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.
VL Cause of Action. Report the civil statute directly related to the cause of action aod give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 BriefDescriptioo: Unauthorized reception 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.RCv.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.
vm. Related Cases. 1bis section of the JS 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.
Case: 1:14-cv-01109 Doc #: 1-5 Filed: 05/22/14 1 of 2. PageID #: 21
AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
Northern District of Ohio 13
Chuck Roaste LLC
Plaintiff
v.
)
)
)
)
)
)
)
Civil Action No.
Reverse Gear, LLC, et al.,
Defendant
SUMMONS IN A CIVIL ACTION
T
. , Reverse Gear, LLC
0
· (Defendant
3
name and address) 10250 Constellation Blvd., 19th Floor
Los Angeles, California 90067
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 plaintiff's attorney,
whose name and address are: David A. Wel.ling, Esq.
Choken Welling LLP
3020 W. Market St.
Akron, Ohio 44333
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:
Signature of Cleric or Deputy Cleric
Case: 1:14-cv-01109 Doc #: 1-5 Filed: 05/22/14 2 of 2. PageID #: 22
AO 440 (Rev. 12/09) SWDIDDns in a Civil Action (Page 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)
D I personally served the summons on the individual at (place)
--------------------------
on (date) ; or
--------------------------------------- -------------
D I left the summons at the individual's 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 individual's last known address; or
-------------
D I served the summons on (name of individual) , who is
---------------------------------
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
--------------------------------------- -------------
D I retorned the summons unexecuted because ; or
----------------------------------
D Other (specify):
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:
Server's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:
Case: 1:14-cv-01109 Doc #: 1-6 Filed: 05/22/14 1 of 2. PageID #: 23
AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
Northern District of Ohio 13
Chuck Roaste LLC
Plaintiff
v.
Reverse Gear, LLC, et al.,
Defendant
)
)
)
)
)
)
)
Civil Action No.
SUMMONS IN A CIVIL ACTION
T
. , Call Me Bleu, LLC
o. (Defendant s name and address) 200 North Swall Drive, #31 0
Beverly Hills, California 90211
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 Ru1e 12 of
the Federal Ru1es of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are: David A. Wel.ling, Esq.
Choken Welling LLP
3020 W. Market St.
Akron, Ohio 44333
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:
Signature of Cleric or Deputy Cleric
Case: 1:14-cv-01109 Doc #: 1-6 Filed: 05/22/14 2 of 2. PageID #: 24
AO 440 (Rev. 12/09) SWDIDDns in a Civil Action (Page 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)
D I personally served the summons on the individual at (place)
--------------------------
on (date) ; or
--------------------------------------- -------------
D I left the summons at the individual's 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 individual's last known address; or
-------------
D I served the summons on (name of individual) , who is
---------------------------------
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
--------------------------------------- -------------
D I retorned the summons unexecuted because ; or
----------------------------------
D Other (specify):
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:
Server's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->