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L.L.P. LAW OFFICES One Ariz ona Center, 400 E. Van Buren Phoenix , Arizona 850 04-2202 (602) 382-6000

Joseph G. Adams (#018210) David G. Barker (#024657) Eric M. Nielsen (#024746) Mark W. Williams (#026403) SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren Phoenix, Arizona 85004-2202 Telephone: (602) 382-6000 Facsimile: (602) 382-6070 Email: jgadams@swlaw.com Email: dbarker@swlaw.com Email: enielsen@swlaw.com Email: mwwilliams@swlaw.com Attorneys for Plaintiff Misty Mate, Inc.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Misty Mate, Inc., an Arizona corporation, Plaintiff, Case No. COMPLAINT (Jury Trial Demanded)

Orbit Irrigation Products, Inc., a Utah Corporation; and Arizona Mist, Inc., a Utah Corporation,

Defendants.

Plaintiff Misty Mate, Inc. (“Misty Mate”), alleges the following for its complaint against defendants Orbit Irrigation Products, Inc. (“OIP”), and Arizona Mist, Inc. (“AZM” and, collectively with OIP, “Defendants”): PARTIES Misty Mate is an Arizona corporation with its principal place of business

located in Tempe, Arizona.

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2.

OIP is a Utah corporation with its principal place of business located in

Bountiful, Utah. 3. AZM is a Utah corporation with its principal place of business located in

Bountiful, Utah. 4. On information and belief, AZM is a subsidiary that is owned and

operated by OIP. JURISDICTION AND VENUE 5. This civil action includes claims for patent infringement arising under the

patent laws of the United States, 35 U.S.C. §§ 1-376. 6. This court has subject matter jurisdiction over this action under 28 U.S.C.

§§ 1331 and 1338. 7. This Court has personal jurisdiction over Defendants because Defendants

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have committed acts of patent infringement, contributed to or induced acts of patent infringement by others, and/or committed acts of unfair competition in the District of Arizona and elsewhere in the United States. Defendants have substantial and continuous contacts with the State of Arizona, have purposefully availed themselves of the privilege of doing business in Arizona, and have purposefully directed their infringing activities at Arizona, knowing Misty Mate would be harmed by the infringement in Arizona. Further, Defendants have purposefully injected their infringing products into the stream of commerce, knowing that the infringing products would be sold in Arizona, and Defendants’ products have in fact been sold in Arizona. 8. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and (c)

and 1400(b) because Defendants are subject to personal jurisdiction here and have committed acts of infringement here, and because a substantial part of the events giving rise to Misty Mate’s claims occurred here. MISTY MATE’S BACKGROUND 9. Headquartered in Tempe, Arizona, Misty Mate is a pioneering

manufacturing company. Misty Mate created the “mist cooling” industry by providing
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L.L.P. LAW OFFICES One Ariz ona Center, 400 E. Van Buren Phoenix , Arizona 850 04-2202 (602) 382-6000

easy to use hand-held personal misters, and Misty Mate invented and brought its first pressure operated personal mister to consumers in 1989. Misty Mate’s innovative products provide mist cooling virtually anywhere and can provide as much as a 30ºF drop in relative ambient temperature through evaporative cooling. 10. Misty Mate currently sells a Pro Series line of personal misters including

the Misty 3, Misty 8, the Misty 16, and Misty 24 (collectively the “Misty Mate Pro Series Misters”). 11. Each Misty Mate Pro Series Mister includes a hand operated pump/carry

handle, a custom pressure gauge, a water reservoir, a pressure regulator, and a nozzle. 12. Misty Mate has spent considerable time and resources refining its personal

mister design and the manufacturing processes to produce the Misty Mate Pro Series Misters. 13. Specifically, Misty Mate worked with Taizhou Sunny Agricultural

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Machinery CO. LTD. (“Taizhou”), a Chinese plastic products manufacturer, to develop expensive custom manufacturing tooling for a plastic molding process that efficiently produces many component parts of Misty Mate’s personal misters. 14. On information and belief, Taizhou is also known as or operates as Arctic

Taizhou Tianfend Medical Equipment Factory, Sunny, Arctic Ocean and Farmate. 15. In 2007, Misty Mate enlisted Taizhou to manufacture the new and

uniquely designed line of Misty Mate Pro Series Personal Misters. 16. At Misty Mate’s direction and expense, Taizhou constructed the tooling

for the Misty Mate Pro Series Misters, and Misty Mate owns the tooling. 17. In first quarter of 2008, Misty Mate began to market and sell Misty Mate

Pro Series Personal Misters in numerous Wal-Mart Stores, Inc. locations. 18. In 2008, Misty Mate provided engineering and manufacturing support to

Taizhou, which Misty Mate funded, and instructed Taizhou to improve its manufacturing processes for the Misty Mate Pro Series Misters. 19. Since then, Misty Mate has received minimal product from Taizhou, even
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L.L.P. LAW OFFICES One Ariz ona Center, 400 E. Van Buren Phoenix , Arizona 850 04-2202 (602) 382-6000

though Misty Mate has, on numerous occasions, contacted, ordered, or requested delivery schedules from Taizhou. 20. Defendants sell the “outdoor mist 16 oz. mist bottle” and “outdoor mist 8

oz. mist bottle” (“Defendants’ Misters”) through various national retailers such as The Home Depot, Inc. (“Home Depot”), Lowes Companies, Inc. (“Lowes”), and Ace Hardware Corporation, in several states, including in Arizona. 21. On August 9, 2011, the United States Patent and Trademark Office

(“PTO”) issued United States Design Patent Number D643,092 (“the ’092 Patent”) [attached as Ex. A], entitled “DURABLE PORTABLE PRESSURIZED MIST COOLING DEVICE,” and on December 6, 2011, the PTO issued United States Utility Patent Number 8,070,140 (“the ’140 Patent”) [attached as Ex. B], also entitled “DURABLE PORTABLE PRESSURIZED MIST COOLING DEVICE,” to David Bandawat, Kyle Swen, Chris Harsacky, Chris Morast, and Christopher Fruhauf. The ’092 Patent and the ’140 Patent are both assigned to Misty Mate, which is the sole assignee, and which has owned the ’092 and ’140 Patents throughout the period of Defendants’ infringement and who still owns the patents. The ’092 and ’140 Patents include disclosure relating to the Misty Mate Pro Series Misters. 22. 23. Defendants copied the Misty Mate Pro Series Misters sold by Misty Mate. On information and belief, Defendants’ Misters are manufactured in the

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same factory as the Misty Mate Pro Series Misters. 24. On information and belief, Defendants’ Misters are currently

manufactured at least in part using tooling designed and owned by Misty Mate. 25. On information and belief, Taizhou has provided Defendants with an

unfair advantage in the marketplace and has denied Misty Mate access to the tooling it paid for and owns. 26. OIP has made, used, sold, or offered for sale Defendants’ Misters in the

United States and in Arizona, and has imported or distributed Defendants’ Misters into the United States and into Arizona.
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27.

AZM has made, used, sold, or offered for sale Defendants’ Misters in the

United States and in Arizona, and has imported or distributed Defendants’ Misters into the United States and into Arizona. 28. Defendants’ Misters are sold in Home Depot, including Home Depot

locations in Arizona, and are available to consumers throughout the United States, including through the Home Depot website, where Defendants’ Misters are presented to users alongside Misty Mate products. 29. The pressure gauge of Defendants’ Misters is identical to the pressure

gauge offered on the Misty Mate Pro Series Misters, even copying Misty Mate’s unique face design and its corporate colors appearing in the pressure demarcations on the gauge face. Defendants’ Misters Gauge Misty Mate Pro Series Mister Gauge

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/// /// ///
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30.

Defendants’ Misters also have a flow paddle that is identical to the unique

flow paddle design used in the Misty Mate Pro Series Misters. Defendants’ Misters Flow Paddle Misty Mate Pro Series Mister Flow Paddle

31.

Moreover, Defendants’ Misters employ a nearly identical color scheme

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and overall shape to the Misty Mate Pro Series Misters. Defendants’ Misters Misty Mate Pro Series Mister

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32.

Defendants intended to copy the Misty Mate Pro Series Misters as shown

by the extent to which Defendants sought to make Defendants’ Misters appear nearly identical to Misty Mate’s products. As depicted above, Defendants identically copied certain features of the Misty Mate Pro Series Misters, including without limitation, (1)
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the overall shape of the Misty Mate Pro Series Misters, (2) the blue coloring of the Misty Mate Pro Series Misters, (3) the unique textured design of the flow control paddle, and (4) the unique gauge face design. 33. Defendants’ intent to copy is also shown by their use of the CHILLY

MATES name. Defendants market Defendants’ Misters with a mark—CHILLY MATES—that is similar to the MISTY MATE mark, U.S. Trademark Registration No. 2,142,478, which Misty Mate uses as a source identifier for the Misty Mate Pro Series Misters and other Misty Mate products. 34. Defendants have copied ornamental aspects of the Misty Mate Pro Series

Misters, such that Defendants’ Misters are indistinguishable by an ordinary observer from, and therefore infringe, one or more claims of the ’092 Patent. Defendants’ Mister ’092 Patent Claim

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Defendants have also copied functional aspects of the Misty Mate Pro

Series Misters, such that Defendants’ Misters infringe one or more claims of the ’140 Patent. 36. Beginning at least as early as June 2012, the patent numbers for the ’092
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and ’140 Patents have been included on packaging associated with each Misty Mate Pro Series Mister and, prior to that, the packaging indicated that patent applications were pending. This packaging is available at the Taizhou factory where Defendants’ Misters are made and packaged. 37. Based on Defendants’ intentional copying of the Misty Mate Pro Series

Mister, Defendants’ knowledge of the ’092 and ’140 Patents, and Defendants’ continued manufacture and sale of Defendants’ misters, Defendants willfully infringed and continue to infringe the ’092 and ’140 Patents. 38. Defendants are unfairly competing with Misty Mate because Defendants

made nearly identical copies of the Misty Mate Pro Series Misters, are infringing the ’092 and ’140 Patents, and have copied and are infringing the non-functional, sourceidentifying features and trade dress of the Misty Mate Pro Series Misters. As such, Defendants are piggybacking on Misty Mate’s innovation, goodwill, and fame, to Misty Mate’s detriment and Defendants’ unfair advantage and gain. COUNT ONE (Infringement of the ’092 Patent) 39. Misty Mate realleges and incorporates by reference the preceding

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paragraphs of this Complaint as though fully set forth herein. 40. Defendants have infringed and are continuing to infringe, literally and/or

under the doctrine of equivalents, the ’092 Patent by practicing the claim of the ’092 Patent in the manufacture, use, offering for sale, sale, and/or importation or exportation of Defendants’ Misters in violation of 35 U.S.C. § 271. 41. Defendants have infringed and are continuing to infringe the ’092 Patent

by contributing to and/or actively inducing the infringement by others of the ’092 Patent by the manufacture, use, offering for sale, sale, and/or importation or exportation of Defendants’ Misters in violation of 35 U.S.C. § 271. 42. 43. Defendants have willfully infringed the ’092 Patent. Defendants’ acts of infringement of the ’092 Patent will continue as
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alleged in this Complaint unless enjoined by the Court. 44. As a direct and proximate result of Defendants’ infringement of the ’092

Patent, Misty Mate has suffered and will continue to suffer monetary damages. 45. Misty Mate is entitled to recover from Defendants the damages sustained

by Misty Mate as a result of Defendants’ wrongful acts in an amount to be determined at trial. 46. Misty Mate has suffered irreparable harm as a result of Defendants’

infringement of the ’092 Patent. 47. Unless Defendants are enjoined by this Court from continuing their

infringement of the ’092 Patent, Misty Mate will continue to suffer irreparable harm and impairment of the value of its patent rights. Thus, Misty Mate is entitled to a permanent injunction against further infringement. 48. Misty Mate has no adequate remedy at law. COUNT TWO (Infringement of the ’140 Patent) 49. Misty Mate realleges and incorporates by reference the preceding

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paragraphs of this Complaint as though fully set forth herein. 50. Defendants have infringed and are continuing to infringe, literally and/or

under the doctrine of equivalents, the ’140 Patent by practicing one or more claims of the ’140 Patent in the manufacture, use, offering for sale, sale, and/or importation or exportation of Defendants’ Misters in violation of 35 U.S.C. § 271. 51. Defendants have infringed and are continuing to infringe the ’140 Patent

by contributing to and/or actively inducing the infringement by others of the ’140 Patent by the manufacture, use, offering for sale, sale, and/or importation or exportation of Defendants’ Misters in violation of 35 U.S.C. § 271. 52. 53. Defendants have willfully infringed the ’140 Patent. Defendants’ acts of infringement of the ’140 Patent will continue as

alleged in this Complaint unless enjoined by the Court.
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54.

As a direct and proximate result of Defendants’ infringement of the ’140

Patent, Misty Mate has suffered and will suffer monetary damages. 55. Misty Mate is entitled to recover from Defendants the damages sustained

by Misty Mate as a result of Defendants’ wrongful acts in an amount to be determined at trial. 56. Misty Mate has suffered irreparable harm as a result of Defendants’

infringement of the ’140 Patent. 57. Unless Defendants are enjoined by this Court from continuing their

infringement of the ’140 Patent, Misty Mate will continue to suffer irreparable harm and impairment of the value of its patent rights. Thus, Misty Mate is entitled to a permanent injunction against further infringement. 58. Misty Mate has no adequate remedy at law. COUNT THREE (Common Law Unfair Competition) 59. Misty Mate realleges and incorporates by reference the preceding

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paragraphs of this Complaint as though fully set forth herein. 60. Misty Mate owns common law rights in distinctive, non-functional,

source-identifying aspects of the Misty Mate Pro Series Mister (the “Misty Mate Pro Series Mister Trade Dress”) in Arizona and throughout the United States. 61. Defendants have sold and continue to sell nearly identical copies of the

Misty Mate Pro Series Mister, and Defendants’ Mister infringes the Misty Mate Pro Series Mister Trade Dress. 62. The packaging that Defendants’ Mister is packaged in is nearly identical in

size and shape to the packaging that the Misty Mate Pro Series Mister is packaged in. 63. Defendants’ Mister is called “Chilly Mate,” which is confusingly similar

to Misty Mate’s MISTY MATE trademark that is used in connection with the sale of the Misty Mate Pro Series Misters. 64. By reason of Defendants’ collective acts alleged herein, Defendants
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falsely represent that Defendants are somehow affiliated with, or sponsored or endorsed by, Misty Mate; Defendants dilute the goodwill in the Misty Mate Pro Series Mister Trade Dress; and Defendants’ conduct is therefore likely to confuse, mislead, or deceive purchasers. 65. By reason of Defendants’ collective acts alleged herein, Misty Mate has

suffered and continues to suffer damage to its business, reputation, and goodwill, together with the loss of sales and profits Misty Mate would have made but for Defendants’ acts, in an amount to be proven at trial. 66. By reason of Defendants’ acts alleged herein, Misty Mate has suffered and

continues to suffer irreparable damage. Unless Defendants are restrained, the damage and irreparable harm to Misty Mate will increase. Misty Mate has no adequate remedy at law. Misty Mate is entitled to preliminary and permanent injunctive relief. PRAYER FOR RELIEF WHEREFORE, Misty Mate prays for judgment against Defendants as follows: 1. For judgment in favor of Misty Mate and against Defendants on the claims

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set forth above; 2. For judgment that the ’092 and ’140 Patents are valid, enforceable and

infringed by Defendants; 3. For profits and damages resulting from Defendants’ past and present

infringement of the ’092 and ’140 Patents; 4. For judgment that Defendants’ conduct on each of the claims set forth

above was willful, intentional, and/or in bad faith; 5. For treble damages resulting from Defendants’ willful infringement of the

’092 and ’140 Patents under 35 U.S.C. § 284; 6. For Defendants’ profits and damages resulting from Defendants’ willful

intent to trade on Misty Mate’s reputation and goodwill, and from Defendants’ willful intent to cause dilution of Misty Mate’s reputation and goodwill in the Misty Mate Pro Series Mister Trade Dress;
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7. 8. § 285; 9.

For judgment that this is an exceptional case under 35 U.S.C. § 285; For an award of reasonable attorney’s fees, including under 35 U.S.C.

For injunctive relief, preliminarily and permanently enjoining against the

continuing infringement of the ’140 and ’092 Patents by Defendants, their officers, agents, servants, employees, and those persons acting in active concert or in participation with them, under 35 U.S.C. § 283; 10. For injunctive relief, preliminarily and permanently enjoining against any

conduct that tends to falsely represent or dilute, or that is likely to confuse, mislead, or deceive purchasers, Defendants’ customers, and/or members of the public, to believe that Defendants’ Mister is any way affiliated or connected with Misty Mate; 11. 12. 13. For costs and disbursements incurred by Misty Mate; For an assessment of prejudgment interest; and For any other and further relief as the Court deems just and proper. DEMAND FOR JURY TRIAL Misty Mate hereby demands a jury trial under Rule 38 of the Federal Rules of Civil Procedure as to all issues in this lawsuit of which trial by jury is permitted. Dated this 2nd day of July, 2013.

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SNELL & WILMER L.L.P.

By: s/ Eric Nielsen Joseph G. Adams David G. Barker Eric Nielsen Mark Williams One Arizona Center 400 E. Van Buren Phoenix, Arizona 85004-2202 Attorneys for Plaintiff Misty Mate, Inc.
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EXHIBIT A

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EXHIBIT B

JS 44 (Rev. 12/12)

Case 2:13-cv-01328-NVW Document 1-2 Filed 07/02/13 Page 1 of 2

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 NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS
Misty Mate, Inc.
(b) County of Residence of First Listed Plaintiff

DEFENDANTS
Orbit Irrigation Products, Inc., and Arizona Mist, Inc.
County of Residence of First Listed Defendant
NOTE: (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

Maricopa

(EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number)
Snell & Wilmer L.L.P., Joseph G. Adams, David G. Barker, 400 E. Van Buren Street, Phoenix, AZ 85004, Tel. (602) 382-6000

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
’ 1 U.S. Government Plaintiff U.S. Government Defendant ’ 3 Federal Question (U.S. Government Not a Party) Diversity (Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) PTF Citizen of This State ’ 1 Citizen of Another State Citizen or Subject of a Foreign Country ’ 2 ’ 3 DEF ’ 1 ’ ’ 2 3 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 ’ 5 ’ 6 ’ 5 ’ 6

’ 2

’ 4

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 (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property 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 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education PERSONAL INJURY ’ 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 ’ 535 Death Penalty Other: ’ 540 Mandamus & Other ’ 550 Civil Rights ’ 555 Prison Condition ’ 560 Civil Detainee Conditions of Confinement FORFEITURE/PENALTY ’ 625 Drug Related Seizure of Property 21 USC 881 ’ 690 Other BANKRUPTCY ’ 422 Appeal 28 USC 158 ’ 423 Withdrawal 28 USC 157 PROPERTY RIGHTS ’ 820 Copyrights ’ 830 Patent ’ 840 Trademark ’ ’ ’ ’ ’ ’ LABOR 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act ’ ’ ’ ’ ’ SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ OTHER STATUTES 375 False Claims Act 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 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes

’ ’ ’ ’ ’

’ ’ ’ ’ ’ ’

’ ’ ’ ’ ’ ’ ’

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

IMMIGRATION ’ 462 Naturalization Application ’ 465 Other Immigration Actions

V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original Proceeding ’ 2 Removed from State Court ’ 3 Remanded from Appellate Court ’ 4 Reinstated or Reopened ’ 5 Transferred from Another District
(specify)

’ 6 Multidistrict Litigation

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:

35 U.S.C. §§ 1-376

Patent Infringement; Unfair Competition
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 RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE
DATE

SIGNATURE OF ATTORNEY OF RECORD

07/02/2013
FOR OFFICE USE ONLY RECEIPT # AMOUNT

s/Eric Nielsen
APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 12/12)

Case 2:13-cv-01328-NVW Document 1-2 Filed 07/02/13 Page 2 of 2
Authority For Civil Cover Sheet

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

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. 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.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.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 of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. 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. Origin. Place an "X" in one of the six 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. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service 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.

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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 the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

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