Complaint AVS v Eugene Berry (w Exhibits)

8/4/2019 Complaint AVS v Eugene Berry (w Exhibits)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OFPENNSYLVANIA

AVS FOUNDATION and PITTSBURGH )STEELERS, LLC )

)Plaintiffs, ))

vs. ))

EUGENE BERRY ENTERPRISE, LLC and )EUGENE BERRY )

Defendants. )

COMPLAINT IN CIVIL ACTION

AND NOW, come Plaintiffs, AVS Foundation and Pittsburgh Steelers, LLC and make

this complaint in civil action, and in support thereof, aver as follows:

Parties

1. Plaintiff, AVS Foundation ("Foundation") is a Pennsylvania nonprofit Corporation

with its principal place of business at 1000 Gamma Dr., Suite 106, Pittsburgh, PA

15238.

2. Plaintiff, Pittsburgh Steelers, LLC (Steelers) is a Pennsylvania limited liability

company with its principal place of business at 100 Art Rooney Dr., Pittsburgh, PA

15212.

3. Defendant, Eugene Berry Enterprise, LLC (Enterprise) is a Pennsylvania limited

liability company with its registered office at 204 Parkford Drive, Apartment 204, South

Park, PA 15217 and its principal pace of business at P.O. Box 6251, Pittsburgh, PA

15212.

4. Defendant, Eugene Berry (Berry) is an adult individual who, upon information

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


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alternatively, at 1516 Union Avenue, McKeesport, PA15132..

Jurisdiction and Venue

5. This Court has jurisdiction over this civil action for federal statutory claims,

trademark infringement, unfair competition and dilution pursuant to at least 28 USC

1331 and 1338, and has supplemental jurisdiction over the Pennsylvania common

law unfair competition and fraud claims that are so related to the federal claims as to

form part of the same case or controversy under Article III of the United States

Constitution pursuant to 28 USC 1367..

6. Venue lies in this judicial district pursuant to 28 USC 1391 because Enterprises

and Berry reside in this district and a substantial part of the events giving rise to the

claims occurred in this district.

7. Foundation is a 501 (C) (3) charitable corporation. Among its charitable

purposes, the Foundation supports Allegheny Valley School, a Pennsylvania nonprofit,

charitable corporation that provides residences, residential care and habilitative services

to more than 900 intellectually and developmentally disabled persons throughout the

Commonwealth of Pennsylvania. By doing so, AVS Foundation relieves the

Commonwealth of Pennsylvania of some of its burden to care for the intellectually and

developmentally disabled persons imposed by the Pennsylvania Mental Health and

Mental Retardation Act of 1966.

8. The Foundation is the owner of the following federal trademarks:

ITEM MARK REGISTRATION NUMBER

Towel The Terrible Towel 2,128,165

Towel Myron Cope's Official The Terrible Towel 2,123,428


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Towel Myron Cope's Official The Terrible Toddler Towel 2,386,205

Apron Myron Cope's Official The Terrible Towel 3,391,362

Bib Myron Cope's Official The Terrible Toddler Towel 3,267,807

Cloth VehicleFlags Myron Cope's Official The Terrible Towel 3,267 122

Floor Mats Myron Cope's Official The Terrible Towel 3,137,749

Footballs Myron Cope's Official The Terrible Towel 3,038,942

Non-Textile WallHangings Myron Cope's Official The Terrible Towel 3,275,932

Pillows Myron Cope's Official The Terrible Towel 3,164,082

Totes Myron Cope's Official The Terrible Tote 3,828,940

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

registration number 3,387,786

10 Due to more than 35 years of use in connection with the Pittsburgh Steelers

football team; their visibility to fans viewing Pittsburgh Steelers football games in person

or on television, in Pittsburgh and other cities; media articles about The Terrible

Towel; their distribution through numerous channels of commerce, and the stature of

Pittsburgh sports writer and Steelers broadcaster, Myron Cope, who had the idea of

The Terrible Towel, the marks have become widely recognized by the general

consuming public of the United States as a designation of source of the goods, thus

earning the status of a famous mark as set forth in 15 USC 1125 (c)(2).

11. In fact, "The Terrible Towel" has its own entry in Wikipedia.

12 The Terrible Towel marks have acquired distinctiveness in that the general

consuming public associates goods manufactured, sold and distributed under The


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Terrible Towel marks as originating from a single source, namely the Foundation.

13. The Steelers holds an exclusive license to market items bearing The Terrible

Towel marks.

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

hereto as exhibits. (Myron Copes Official The Terrible Towel, Exhibit 1; Myron

Copes Official The Terrible Tote, Exhibit 2; Myron Copes Official The Terrible

Towel Pillow, Exhibit 3; Myron Copes Official The Terrible Towel Flag, Exhibit 4;

Myron Copes Official The Terrible Towel Floor Mat, Exhibit 5, and Myron Copes

Official The Terrible Toddler Towel Bib, Exhibit 6.)

15. On or about May 13, 2011 Enterprise filed with the United States Patent and

Trademark Office an application to register as a trademark THE TERRIBLE T-SHIRT.

16. On June 15, 2011 the Foundations counsel wrote to Enterprises attorney;

informed Enterprises attorney of the Foundations trademarks; stated the Foundations

intent to oppose the application, and ask Enterprise to withdraw its application. A true

and correct copy of the June 15, 2011 letter is attached hereto as Exhibit 10..

17. Sometime during the week of August 15, 2011, Berry asked National Retail

Graphics, 1200 Lebanon Road, West Mifflin, PA 15122 to print tee shirts emblazoned

with the words:

The

terriblet-shirt

A true and correct picture of the tee shirt is attached hereto as Exhibit 7.

18. The National Retail Graphics employee to whom Berry spoke was familiar with

A PITTSBURGH ORIGINAL


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The Terrible Towel trademark and asked Berry if Berry had any relation to Allegheny

Valley School.

19. On or about August 18, 2011, Berry brought to National Retail Graphics a false

letter of intent, a true and correct copy of which is attached hereto as Exhibit 8 and used

the false letter of intent to hold Berry out as having a relationship to AVS.

20. The letter of intent is false; Berry knew that the letter of intent was false, and

Berry has no relationship to AVS.

21. Upon information and belief, Enterprises has been selling the tee shirt in

interstate commerce since February 2, 2011 (See Exhibit 9) and Berry continues to sell

the tee shirts at least through his website at www.stopmtowels.com.

Count I Trademark Infringement

22. Paragraphs 1 through 21 are incorporated herein.

23 Defendants producing and to selling the tee shirts are likely to cause confusion

or to cause mistake or to deceive consumers in violation of 15 USC 1114(1) and

constitute willful trademark infringement. Trademark infringement is determined by

comparing respective marks for similarities in sound, sight, meaning, and commercial

impression. Defendants use of the words emblazoned on the tee shirts falls within at

least the sight and meaning categories.

24. The Foundation and the Steelers have been damaged by Defendants'

advertising, sale and distribution of the tee shirts.

Count II Unfair Competition


26. There is a likelihood of confusion between Defendants' tee shirts and articles


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bearing true The Terrible Towel marks.

27. By producing and to selling the terrible tee shirts Defendants are unfairly

competing with and damaging the Foundation and the Steelers in violation of 15 USC

1125(a).

Count III Dilution

28. Paragraphs 1 through 27 are incorporated herein by reference.

29. The Terrible Towel marks have attained the status of famous marks as

defined in 15 USC 1125(c)(2)(A).

30. The Terrible Towel marks have acquired distinctiveness in that the general

consuming public believes that goods manufactured, sold and distributed under The

Terrible Towel marks emanate from a single source, namely, the Foundation.

31. The Terrible Towel marks are being subjected to dilution as defined in 15

USC 1125(c) through the action of the Defendants in producing and to selling the tee

shirts.

Count IV Common Law Unfair Competition


33. By producing and to selling the tee shirts, Defendants are unfairly competing with

and damaging the Foundation and the Steelers in violation of Pennsylvania common-

law.

Count V Fraud


35. At all time relevant to this complaint, Berry was acting as agent for Enterprise.

36. Berrys representing himself as having a relationship to AVS is knowingly false,


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and done with the intent to induce tee shirt manufacturers to produce the tee shirts so

that Enterprise is able to distribute and to sell the tee shirts in violation of the

Foundation and Steelers rights

Prayer For Relief

Wherefore, plaintiffs, AVS Foundation and Pittsburgh Steelers LLC pray for the

following relief:

1. That the Court find that Defendants have created a likelihood of confusion in

violation of 15 USC 1114.

2. That the Court find that Defendants have unfairly competed with Foundation and

the Steelers in violation of 15 USC 1125(a).

3. That the Court find that Defendants have caused dilution of Foundation's

distinctive and famous marks.

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

the Steelers in violation of Pennsylvania common law.

5. That the Court accordingly award the Foundation and the Steelers their damages

under 15 USC 1117, and 18 USC 1964(c) injunctive relief under 15 USC 1116, their

attorneys fees under 15 USC 1117 and 18 USC 1964(c) and treble damages for

willful infringement pursuant to 15 USC 1117.

6. That the Court enjoin Berry from holding himself out as having a relationship to

AVS.

7. That the Court order Defendants to account to Foundation and the Steelers for all

sales of and profits from the sales of the tee shirts

8. That the Court order Defendants to disgorge to the Foundation and Steelers all


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profits from the sale of the knockoffs.

9. That the Court award Foundation and the Steelers expenses and costs incurred

in the prosecution of these claims and such other and further of relief as the Court

deems just.

Respectfully submitted,

s/Bernard M. SchneiderBernard M. SchneiderCounsel for DefendantsPA ID #32245BRUCKER SCHNEIDER &PORTER

FIRM ID # 789300 Weyman RoadSuite 320Pittsburgh, PA 15236(412) 881-6620 (telephone)


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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. insertthc docket numbersand tlie corresponding judge names for such cases.

Date ant1 Attorney S i ~ n a t ~ t r eD.a te and sign the civil cover sheet.


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PDF 10 goes here it wouldnt let me copy itAO 440 (Rev. 12/09) Summons in a Civil Action


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Case 2:11-cv-01084-AJS Document 1-11 Filed 08/22/11 Page 1 of 3


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

UNITED STATES DISTRICT COURTfor the

__________ District of __________

)

))))))

Plaintiff

v. Civil Action No.

Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)

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 youare 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 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:

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 Clerk or Deputy Clerk


Western District of Pennsylvania

AVS FOUNDATION and PITTSBURGH STEELERS,

LLC

EUGENE BERRY ENTERPRISE and EUGENE

BERRY

EUGENE BERRY ENTERPRISE, LLC

204 Parkford Drive

South Park, PA 15217

Bernard M. Schneider

300 Weyman Road, Suite 320Pittsburgh, PA 15236(412) 881-6620

08/22/2011


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AO 440 (Rev. 12/09) Summons 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) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individuals last known address; or

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

I returned the summons unexecuted because ; or

Other (specify):

My fees are $ for travel and $ for services, for a total of $

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

Date:Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:


0.00

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

UNITED STATES DISTRICT COURTfor the

__________ District of __________

)

))))))

Plaintiff

v. Civil Action No.

Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)

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 youare 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 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:

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 Clerk or Deputy Clerk


Western District of Pennsylvania

AVS FOUNDATION and PITTSBURGH STEELERS,

LLC

EUGENE BERRY ENTERPRISE and EUGENE

BERRY

EUGENE BERRY ENTERPRISE, LLC

204 Parkford Drive

South Park, PA 15217

Bernard M. Schneider

300 Weyman Road, Suite 320Pittsburgh, PA 15236(412) 881-6620

08/22/2011


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AO 440 (Rev. 12/09) Summons 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) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individuals last known address; or

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

I returned the summons unexecuted because ; or

Other (specify):

My fees are $ for travel and $ for services, for a total of $

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

Date:Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:


0.00

Print Save As... Reset


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OJS 44 (Rev. 12/07) CIVIL COVER SHEETThe 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 p

y 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 inhe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First ListedPlaintiff 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

LAND INVOLVED.

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

I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for (For Diversity Cases Only) and One Box for Defendan

1 U.S. Government 3 Federal Question PTF DEF PTF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated orPrincipal Place 4

of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated andPrincipal Place 5

Defendant(Indicate Citizenship of Parties in Item III)

of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6

Foreign Country

V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTE

110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC 158 400 State Reapportionm

120 Marine 310 Airplane 362 Personal Injury - 620 Other Food & Drug 423 Withdrawal 410 Antitrust

130 Miller Act 315 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC 157 430 Banks and Banking

140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC 881 450 Commerce

150 Recovery of Overpayment 320 Assault, Libel & Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation& Enforcement of Judgment Slander 368 Asbestos Personal 640 R.R. & Truck 820 Copyrights 470 Racketeer Influence

151 Medicare Act 330 Federal Employers Injury Product 650 Airline Regs. 830 Patent Corrupt Organizatio

152 Recovery of Defaulted Liability Liability 660 Occupational 840 Trademark 480 Consumer Credit

Student Loans 340 Marine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV(Excl. Veterans) 345 Marine Product 370 Other Fraud 690 Other 810 Selective Service

153 Recovery of Overpayment Liabil ity 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commodof Veterans Benefits 350 Motor Vehicle 380 Other Personal 710 Fair Labor Standards 861 HIA (1395ff) Exchange

160 Stockholders Suits 355 Motor Vehicle Property Damage Act 862 Black Lung (923) 875 Customer Challeng

190 Other Contract Product Liability 385 Property Damage 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 12 USC 3410

195 Contract Product Liability 360 Other Personal Product Liability 730 Labor/Mgmt.Reporting 864 SSID Title XVI 890 Other Statutory Act

196 Franchise Injury & Disclosure Act 865 RSI (405(g)) 891 Agricultural Acts

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 892 Economic Stabiliza

210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Ma

220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation A

230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Security Act 871 IRSThird Party 895 Freedom of Inform 240 Torts to Land Accommodations 530 General 26 USC 7609 Act

245 Tort Product Liability 444 Welfare 535 Death Penalty IMMIGRATION 900Appeal of Fee Deter 290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application Under Equal Acces

Employment 550 Civil Rights 463 Habeas Corpus - to Justice

446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee 950 Constitutionality of

Other 465 Other Immigration State Statutes

440 Other Civil Rights Actions

V. ORIGINTransferred fromanother district(specify)

Appeal to DJudge fromMagistrateJudgment

(Place an X in One Box Only)

1 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated orReopened

5 6 MultidistrictLitigation

7

VI. CAUSE OF ACTION

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

Brief description of cause:

VII. REQUESTED INCOMPLAINT:

CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: Yes No

VIII. RELATED CASE(S)IF ANY

(See instructions):JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

AVS FOUNDATION and PITTSBURGH STEELERS, LLC

Allegheny

EUGENE BERRY ENTERPRISE and EUGENE BERRY

Allegheny

15 USC 1114, 1125

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

08/22/2011 s/ Bernard M. Schneider

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JS 44AREVISED June, 2009

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

THIS CASE DESIGNATION SHEET MUST BE COMPLETED

PART A

This case belongs on the ( Erie Johnstown Pittsburgh) calendar.

1. ERIE CALENDAR- If cause of action arose in the counties of Crawford, Elk, Erie,Forest, McKean. Venang or Warren, OR a n y plaintiff or defendant resides in one of said

counties.

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

said counties.

3.Complete if on ERIE CALENDAR: I certify that the cause of action arose inCounty and that the resides in County.

4.Complete if on JOHNSTOWN CALENDAR: I certify that the cause of action arose inCounty and that the resides in County.

PART B (You are to check ONE of the following)

1. This case is related toNumber . Short Caption .2. This case is not related to a pending or terminated case.

DEFINlTIONS OF RELATED CASES:

CIVIL: Civil cases are deemed related when a case filed relates to property included in

another suit or involves the same issues of fact or it grows out of the same transactions

as another suit or involves the validity or infringement of a patent involved in another

suit EMINENT DOMAIN: Cases in contiguous closely located groups and in common ownership

groups which will lend themselves to consolidation for trial shall be deemed related.

HABEAS CORPUS & CIVIL RIGHTS: All habeas corpus petitions filed by the same individual

shall be deemed related. All pro se Civil Rights actions by the same individual shall be

deemed related.

PARTC

I. CIVIL CATEGORY (Place x in only applicable category).

1. Antitrust and Securities Act Cases

2. Labor-Management Relations

3. Habeas corpus4. Civil Rights

5. Patent, Copyright, and Trademark

6. Eminent Domain

7. All other federal question cases

8. All personal and property damage tort cases, including maritime, FELA,

Jones Act, Motor vehicle, products liability, assault, defamation, malicious

prosecution, and false arrest

9. Insurance indemnity, contract and other diversity cases.

10. Government Collection Cases (shall include HEW Student Loans (Education),

V A 0verpayment, Overpayment of Social Security, Enlistment

Overpayment (Army, Navy, etc.), HUD Loans, GAO Loans (Misc. Types),

Mortgage Foreclosures, SBA Loans, Civil Penalties and Coal Mine

Penalty and Reclamation Fees.)

I certify that to the best of my knowledge the entries on this Case Designation

Sheet are true and correct

Date:

ATTORNEY AT LAW

NOTE: ALL SECTIONS OF BOTH SIDES MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.


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IS 44 Revenc (Re\*.2/07)

INSTRUCTIONS FOR ATTORNEYS COM PLETING CIVIL COVER SH EET FORM JS 44Authori ty For Civi l Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the tilings and service o f pleading or other papers as requiredby law, except as provided by local rules ofc ou rt. This form, approved by the Judicial Conferen= of the United States in September 1974. is required for the useofth e Cl erk ofC our t for the purpose of initiating thc civil docket sheet. Consequently, acivil cover sheet is submitted to tile Clerk of co ur t foreac h civil complaintfiled. T he attorney tiling a case should complete the form as follows:I. (a) Plaintiffs-Defend ants. Enter names (last. first. middle initial) ofplaintiff and defendan t. Ifthe plaintiff or delendant is a governlnent agency, useo~llythe full name or standard abbreviations. Iftlie plaintiffor defendant is an official within ngovemment agency, identiG tin t the agency and then the oflicial, givingboth name and title.

(b )County ot'Residence. For each civil case filed, except U.S. plaintiff cases, enter the nam eof the cou nty where the t int listed plaintiffresides at the timeof filing. In U.S. plaintiff cases , enter the name of the coun ty in which tlie first listed defend ant resides at the time of filing. (NO TE: In land condemnation cas es,the county of residence o f the "defendant" is the location of the tract of land involved.)(c ) Attorn eys. Enter Ihe firm name, address, telephone n umber, and attorney of record. If there are several attorneys. list them on an i~ttachrnent, otingin this section "(see attachment)".

11. Jur isd ictio n. The basis ofjur isdictio n is set forth under Rule 8(a), F.R.C.P.. which requires that jurisdictions be shown in pleadings. Place an " X n oneof Ihe boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below.United States plaintiff. (I ) Jurisdiction based o n 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 boxFederal question. (3) This refers to suits under 28 U.S.C. 1331 , where jurisdiction arises under the Constitution of the United States, an n~n endmen t o theConstitution, an act of Co ngress or a treaty of the United States. In cases where the U.S. s a party, the U .S. plaintiff o r defendant code takes prccedence, and box1 or 2 should bc marked.Diversity of citizenship. (4 )This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. W he ~l ox 4 is checked, thc citizenship of thedifferent parties must be checked. (See Section I f l below; federal question actions take precedence over diversity cases.)Ill. Resid ence (citizen ship) of Princ ipa l Partie s. This sectio nofth e JS 44 is to be completed ifdiversity ofcitiz ensh ip was indicated above. Mark this sectionfor ench principal party.IV. Natur e of Suit . Place an "X" in the appropriate box. Ifth e nature ofsu it cannot be determined, be sure the cause ol'action. ill Sec tion V1 below, is sutTicientto enable the depu ty clerk or the statistical clerks in the Administrative Of lice to determine the nature o f suit, If the cause fits more than one nature of suit, selectthe most definitive.V. Origin. Place an "X" in one of the seven boxes.Original Proceedings. ( I ) Cases which originate in the United States district courts.Remov ed from State Coort. (2) Proce edings initiated in state courts may be removed to the district courts under Title 2R U.S.C.. Section 144 1. Whe n the petitionfor removal is granted, check this box.Remanded tfom Appellate C our t (3 ) Check this box for cases remnnded to thedistrict court for Further action. Use !lie date of remand as the tiling date.Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.Transferred from Ano ther District. (5) For cases transferred under T itle 28 U.S.C. Section 1404(a). Do not use this for within disbict transfers or multidistrictlitigation transfers.Multidistrict Litigation. (6) Check this box when a m ultidistrict case is transferred into the district underautho rity o fTi tle 28 U .S.C. Section 1407. When this boxis cliecked. do not ch eck (5) above.Appeal to District Judge from Magistrate Judgment. (7 ) Check this box for an appeal b orn a magistrate judge's decision.VI . Cau seo fA ctio n. Reportthe civil statute directly related tothecauseofaction and givea briefdescription ofthe cause. Do not cite juristlictional sta tutesunless diver sity. Example: U.S. civ il Statute: 47 USC 553Brief Description: IJnauthor~zed eception of cable serviceVII. Requested in Compla int. Class Action. Place an "X" in this box if you are filing a class action under Rule 23. F.R.Cv.P.Denland. In this space ente r the dollar amount (in thousands ofd ollars) being demanded or indicate other denland such as a preliminary injunction.Jury D emand. Check the appro priate box to indicate whether or not a jury is being demanded.VIII. Rela ted C ases . This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases. insert thc docket numbersand tlie corresponding judge names for such cases.D a te a n t1 A tt o rn e y S i ~ n a t ~ t r e .ate and sign the civil cover sheet.

Documents

Complaint AVS v Eugene Berry (w Exhibits)