Case 2:22-cv-00163-RJS Document 2 Filed 03/09/22 PageID.

3 Page 1 of 11

J. Derek Kearl, Esq.

Utah Bar No. 10738
HOLLAND & HART LLP
222 S. Main Street, Suite 2200
Salt Lake City, UT 84101
Phone: 801.799.5800
Fax: 801.618.4259
jdkearl@hollandhart.com

Joseph G. Went, Esq.*

Nevada Bar No. 9220
Jenapher Lin, Esq.*
Nevada Bar No. 14233
*pro hac applications forthcoming
HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: 702.669.4600
Fax: 702.669.4650
jgwent@hollandhart.com
jlin@hollandhart.com

Attorneys for Plaintiff Steven K. Dimopoulos

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

STEVEN K. DIMOPOULOS, an individual,

COMPLAINT
Plaintiff,

v.

EXCALIBUR MOTORS, LLC, a Montana

limited liability company; DIE TRYING AUTO
BROKERS, LLC d/b/a DT AUTO BROKERS, Case No. 2:22-cv-00163-DBP
a Utah limited liability company; JOSH
AYERS, an individual, Magistrate Judge Dustin B. Pead
Defendants.

Plaintiff STEVEN K. DIMOPOULOS, by and through his undersigned counsel of record,

the law firm of Holland & Hart LLP, hereby alleges as follows:
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PARTIES, JURISDICTION, AND VENUE

1. Plaintiff STEVEN K. DIMOPOULOS (“Plaintiff”) is, and at all times relevant

hereto, an individual residing in Clark County, Nevada.

2. Upon information and belief, Defendant EXCALIBUR MOTORS, LLC

(“Excalibur Motors”) is, and at all times relevant hereto, was, a limited liability company formed

under the laws of the state of Montana, doing business in Utah, and whose members are citizens

of the state of Utah or the state of Montana.

3. Upon information and belief, Defendant DIE TRYING AUTO BROKERS, LLC

d/b/a DT AUTO BROKERS (“DT Auto Brokers”) is, and at all times relevant hereto, was, a

limited liability company formed under the laws of the state of Utah, doing business in Utah, and

whose members are citizens of the state of Utah.

4. Upon information and belief, no members of Excalibur Motors or DT Auto Brokers

reside in Nevada.

5. Upon information and belief, Defendant JOSH AYERS (“Ayers” and collectively,

with Excalibur Motors and DT Auto Brokers, as “Defendants”) is, and at all relevant times hereto,

was, an individual residing in Utah. Upon information and belief, Defendant Ayers is an

employee/agent authorized to act on behalf of Defendant DT Auto Brokers.

6. This Court has subject matter jurisdiction under 28 U.S.C. § 1332(a) because the

parties are citizens of different states and the amount in controversy exceeds $75,000.00, exclusive

of interest and costs.

7. This Court has personal jurisdiction over Defendants because Defendants are

engaged in regular and substantial business in the State of Utah and the District of Utah.

8. Venue is proper in the Court under 28 U.S.C. § 1391(b) because Defendant DT

Auto Brokers and Defendant Ayers are residents of the State in which this district is located,

because a substantial part of the events or omissions giving rise to the claims occurred in this

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district, and because the subject property at issue is situated in this district.

GENERAL ALLEGATIONS

9. This is a breach of contract action arising from a certain Motor Vehicle Contract of

Sale, entered by and between Plaintiff (as buyer) and Defendant Excalibur Motors (as seller) on

March 3, 2022 (the “Sales Contract”), for the sale of a certain 2019 Bugatti Chiron Coupe (VIN

VF9SP3V36KM795152) (the “Vehicle”) for the contractually agreed upon price of

$3,500,000.00.1

10. Austin Richard Post, professionally known as “Post Malone”, by and through

Excalibur Motors, LLC (collectively, as the “Owner”), is the owner of the Vehicle.

11. Post Malone is an American rapper, singer, and songwriter.

12. The Vehicle is unique and has appeared in a few of Post Malone’s music videos.

13. Upon information and belief, Defendants Ayer and DT Auto Brokers were

authorized to sell the Vehicle on behalf of the Owner.

14. Upon information and belief, the Vehicle is currently located in Utah.

15. Upon information and belief, in or around March 2022, Defendants listed the

Vehicle on behalf of Owner for sale on DuPont registry, available at

https://www.dupontregistry.com/autos/listing/2019/bugatti/chiron/2623517 (last accessed March

9, 2022).

16. On or about March 3, 2022, Plaintiff completed the online inquiry form associated

with the Vehicle on the DuPont registry website.

17. Later that same date (March 3, 2022), Plaintiff received a call from the Owner’s

auto broker, Defendant Ayers.

18. After some negotiation, Defendant Ayers agreed to sell the Vehicle to Plaintiff for

$3.5 Million cash and said he would email the contract to Plaintiff.

1
A true and correct copy of the Sales Contract is attached hereto as Exhibit 1.

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19. Shortly thereafter, Defendant Ayers called Plaintiff back, apologizing and

explaining that he (Defendant Ayers) received a signed contract from another buyer in Maryland

(“Buyer 1”) for a higher purchase price.

20. During that same call, Defendant Ayers further represented to Plaintiff that he

(Defendant Ayers) had concerns that Buyer 1 would not complete the purchase.

21. During that same call, Plaintiff offered to go to the bank and wire the funds before

1:00 p.m. PST so that Defendant Ayers would receive the funds the same day.

22. In response, Defendant Ayers informed Plaintiff that Defendant Ayers would call

the Owner and call Plaintiff back.

23. Thereafter, on that same date (March 3, 2022), Defendant Ayers called Plaintiff

back and represented to Plaintiff that Buyer 1 had until 11:00 a.m. PST on March 4, 2022 to “come

up with the funds.”

24. At Plaintiff’s request, Defendant Ayers clarified that “come up with the funds”

meant confirmation of funds actually deposited in his account or receipt of a confirmation number

confirming the transaction had been initiated.

25. Thereafter, on the same date (March 3, 2022), at 4:50 p.m. PST, Defendant Ayers

prepared and emailed Plaintiff the Sales Contract, which included the following term: “Steve

acknowledges that this is a back-up offer. If Buyer 1 fails to complete transaction on 3/4/2022

Steve has first right of refusal” (the “Contingency Term”). Exhibit 1 at 1.

26. Approximately 18 minutes later, Plaintiff returned an executed copy of the Sales

Contract to Defendant Ayers.

27. The Sales Contract was countersigned by Defendant Ayers on behalf of Defendant

Excalibur Motors/Owner. See Ex. 1.

28. Upon information and belief, Buyer 1 had notice of the Sales Contract between

Defendants and Plaintiff, including the Contingency Term.

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29. On or about March 4, 2022, Defendant Ayers confirmed to Plaintiff via text

message that Buyer 1 failed to complete the transaction before the 11:00 a.m. deadline.

30. Shortly after sending the text message, Defendant Ayers called Plaintiff, during

which Defendant Ayers confirmed that Buyer 1 failed to timely wire the funds for the Vehicle and

Plaintiff exercised his rights under the Contingency Term of the Sales Contract.

31. During that same call, Plaintiff advised Defendant Ayers that should Defendant

Ayers sell the Vehicle to someone else for a higher price, in violation of the Sales Contract,

Plaintiff would sue for the difference in price.

32. Thereafter, Defendant Ayers immediately hung up on Plaintiff and became

unreachable, as Plaintiff followed up with subsequent text messages that went unanswered by

Defendant Ayers.

33. Defendants breached the Sales Contract by refusing to sell the Vehicle to Plaintiff

at the agreed upon purchase price after Buyer 1 failed to complete the transaction on March 4,

2022.

34. Plaintiff is and continues to be ready, willing, and able to wire the full amount

agreed upon pursuant to the Sales Contract to Defendants.

35. However, Defendant Ayers has refused to provide Plaintiff with the wiring

instructions to effectuate the transfer of the purchase price for the Vehicle.

FIRST CLAIM FOR RELIEF

(Breach of Contract)
36. Plaintiff repeats and realleges all preceding Paragraphs of this Complaint and by

this reference incorporates the same as though fully set forth herein.

37. The Sales Contract represents a valid and binding contract.

38. Plaintiff has duly performed all conditions, covenants, obligations, and promises

on his part to be performed under the Sales Contract, except to the extent excused or waived by

Defendants’ breaches as described herein.

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39. Through their actions described above, Defendants materially breached their

obligations under the Sales Contract.

40. As a direct and proximate result of Defendants’ wrongful conduct, Plaintiff has

been damaged, in an amount in excess of $75,000.00, the exact amount to be proven at the trial of

this matter.

41. As a direct, natural, and foreseeable consequence of Defendants’ actions as alleged

herein, Plaintiff has been required to retain the services of attorneys to prosecute this action, have

been damaged thereby, and are entitled to recover reasonable attorney’s fees and costs incurred as

a result of this action.

SECOND CLAIM FOR RELIEF

(Specific Performance)
42. Plaintiff repeats and realleges all preceding Paragraphs of this Complaint and by

this reference incorporates the same as though fully set forth herein.

43. The Sales Contract represents a valid and binding contract.

44. The terms of the Sales Contract are definite and certain.

45. Plaintiff exercised his rights under the Contingency Term of the Sales Contract.

46. Defendants breached the Sales Contract by refusing to sell the Vehicle to Plaintiff

at the agreed upon purchase price after Buyer 1 failed to complete the transaction on March 4,

2022.

47. Plaintiff is and continues to be ready, willing, and able to wire the full amount of

the purchase price agreed upon pursuant to the Sales Contract to Defendants.

48. However, Defendant Ayers has refused to provide Plaintiff with the wiring

instructions to effectuate the transfer of the purchase price for the Vehicle.

49. Specific performance is appropriate because the Vehicle is unique and damages

therefore are an inadequate remedy.

50. Plaintiff is entitled to specific performance and Defendants should be ordered to

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sell the Vehicle to Plaintiff pursuant to the terms of the Sales Contract.

51. As a direct, natural, and foreseeable consequence of Defendant’s actions as alleged

herein, Plaintiff has been required to retain the services of attorneys to prosecute this action, have

been damaged thereby, and are entitled to recover reasonable attorney’s fees and costs incurred as

a result of this action.

THIRD CLAIM FOR RELIEF

(Breach of Implied Covenant of Good Faith and Fair Dealing)
52. Plaintiff repeats and realleges all preceding Paragraphs of this Complaint and by

this reference incorporates the same as though fully set forth herein.

53. Every contract in Utah imposes upon the contracting parties a duty of good faith

and fair dealing.

54. A valid and binding contract exists between Plaintiff and Defendants.

55. Through their actions described above, Defendants have breach (and continue to

breach) that duty by failing to perform their obligations under the Sales Contract in a manner that

was faithful to the purpose and spirit of the agreement.

56. Plaintiff’s justified expectations under the agreement were thus denied.

57. As a direct and proximate result of Defendants’ wrongful conduct, Plaintiff has

been damaged in an amount in excess of $75,000.00, the exact amount to be proven at the trial of

this matter.

58. As a direct, natural, and foreseeable consequence of Defendant’s actions as alleged

herein, Plaintiff has been required to retain the services of attorneys to prosecute this action, have

been damaged thereby, and are entitled to recover reasonable attorney’s fees and costs incurred as

a result of this action.

FOURTH CLAIM FOR RELIEF

(Injunctive Relief)
59. Plaintiff repeats and realleges all preceding Paragraphs of this Complaint and by

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this reference incorporates the same as though fully set forth herein.

60. Based on Defendants’ wrongful conduct alleged herein, Plaintiff is reasonably

likely to succeed on the merits of his claims asserted herein.

61. Based on Defendants’ wrongful conduct alleged herein, Plaintiff is entitled to the

relief demanded, and such relief or any part thereof consists in restraining the commissions or

continuance of the acts by Defendants complained of herein, either for a limited period or

perpetually.

62. Based on Defendants’ wrongful conduct alleged herein, the commissions or

continuance of the acts by Defendants alleged herein, during the litigation, would produce great or

irreparable injury to Plaintiff, which cannot adequately be remedied by compensatory damages.

63. The unique nature of the Vehicle renders the remedy at law inadequate.

64. Defendants are doing or threatening, or are about to do, or are procuring or suffering

to be done, acts in violation of Plaintiff’s rights respecting the subject of this action, and tending

to render the judgment ineffectual.

65. Based on Defendants’ wrongful conduct alleged herein, Plaintiff is entitled to a

preliminary and permanent injunction enjoining Defendants, and any person(s) acting on their

behalf, from selling the Vehicle to another buyer or disposing/transferring of the Vehicle in any

manner inconsistent with Plaintiff’s rights under the Sales Contract.

66. As a direct, natural, and foreseeable consequence of Defendants’ actions as alleged

herein, Plaintiff has been required to retain the services of attorneys to prosecute this action, have

been damaged thereby, and are entitled to recover reasonable attorney’s fees and costs incurred as

a result of this action.

FIFTH CLAIM FOR RELIEF
(Declaratory Relief)
67. Plaintiff repeats and realleges all preceding Paragraphs of this Complaint and by

this reference incorporates the same as though fully set forth herein.

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68. Pursuant to 28 U.S.C. §§ 2201 and 2202, courts have the power to declare rights,

status and legal relations between parties whether or not further relief is or could be claimed.

69. A valid and binding contract exists between Plaintiff and Defendants.

70. The issues underlying the instant controversy are ripe for judicial determination.

71. Plaintiff is entitled to declaratory relief concerning Plaintiff’s and Defendants’

rights and obligations under the Sales Contract.

72. Based on Defendants’ wrongful conduct as alleged herein, Plaintiff is entitled to a

declaratory judgment, declaring as follows:

a. that a valid and binding contract exists between Plaintiff and Defendants as of

March 3, 2022;

b. that Plaintiff performed his obligations under the Sales Contact to the extent not

otherwise justified or excused;

c. that Defendants breached the Sales Contract by refusing to sell the Vehicle to

Plaintiff pursuant to the terms of the Sales Contract; and

d. that Plaintiff is entitled to specific performance of the Sales Contract.

73. As a direct and proximate result of Defendants’ wrongful conduct, Plaintiff has

been damaged in an amount in excess of $75,000.00, the exact amount to be proven at the trial of

this matter.

74. As a direct, natural, and foreseeable consequence of Defendants’ actions as alleged

herein, Plaintiff has been required to retain the services of attorneys to prosecute this action, have

been damaged thereby, and are entitled to recover reasonable attorney’s fees and costs incurred as

a result of this action.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff, expressly reserving the right to amend this Complaint at the time

of trial of the action herein to include all items of damages not yet ascertained, prays for judgment

in Plaintiff’s favor and against Defendants, jointly and severally, as follows:

A. For actual and compensatory damages in excess of $75,000.00, with a specific

amount to be prove at the time of trial;

B. For specific performance, ordering Defendants to sell the Vehicle to Plaintiff

pursuant to the terms of the Sales Contract;

C. Preliminarily and permanently enjoin Defendants, each of them and any person(s)

acting on their behalf, from selling the Vehicle to another buyer or

disposing/transferring of the Vehicle in any manner inconsistent with Plaintiff’s

rights under the Sales Contract;

D. A declaratory judgment, declaring as follows:

a. that a valid and binding contract exists between Plaintiff and Defendants as

of March 3, 2022;

b. that Plaintiff performed his obligations under the Sales Contact to the extent

not otherwise justified or excused;

c. that Defendants breached the Sales Contract by refusing to sell the Vehicle to

Plaintiff pursuant to the terms of the Sales Contract; and

d. that Plaintiff is entitled to specific performance of the Sales Contract.

E. For any and all pre- and post-judgment interest, at the highest rate permitted by

applicable law;

F. For all costs and expenses, including reasonable attorney’s fees, incurred by

Plaintiff in connection with the commencement and prosecution of this action; and

G. For such other and further relief as the Court deems just and proper.

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DATED this 9th day of March 2022.

HOLLAND & HART LLP

/s/ J. Derek Kearl

J. Derek Kearl, Esq.
222 S. Main Street, Suite 2200
Salt Lake City, UT 84101

Joseph G. Went, Esq.*

Jenapher Lin, Esq.*
*pro hac applications forthcoming
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

Attorneys for Plaintiff Steven K. Dimopoulos

18388629

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EXHIBIT 1
Case 2:22-cv-00163-RJS Document 2-1 Filed 03/09/22 PageID.15 Page 2 of 2
JS 44 (Rev. 10/20) Case 2:22-cv-00163-RJS CIVIL
Document 2-2 Filed
COVER 03/09/22 PageID.16 Page 1 of 2
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 DEFENDANTS
EXCALIBUR MOTORS, LLC; DIE TRYING AUTO
STEVEN K. DIMOPOULOS
BROKERS, LLC dba DT AUTO BROKERS; JOSH AYERS
(b) County of Residence of First Listed Plaintiff Clark County, NV 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 THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
J. Derek Kearl, Holland & Hart LLP
222 S. Main Street, Suite 2200
Salt Lake City, UT 84101 (801) 799-5800
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 ✖ 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government ✖ 4 Diversity Citizen of Another State x 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
✖ 190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. §§ 1332(a), 1391(b), 2201, 2202
VI. CAUSE OF ACTION Brief description of cause:
Breach of contract; Specific performance; Breach of implied covenant of good faith and fair dealing; Injunctive relief; Declaratory relief
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. >75,000 JURY DEMAND: Yes ✖ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE Magistrate Dustin B. Pead DOCKET NUMBER 2:22-cv-00163-DBP
DATE SIGNATURE OF ATTORNEY OF RECORD
03/09/2022
/s/ J. Derek Kearl
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

 Case 2:22-cv-00163-RJS Document 2-2 Filed 03/09/22 PageID.17 Page 2 of 2
JS 44 Reverse (Rev. 10/20)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. 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.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

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

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI. 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.

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.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the 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.