Charcoal Companion v. Medium Rare - Complaint

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Case 4:16-cv-06564 Document 1 Filed 11/11/16 Page 1 of 8

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BEESON SKINNER BEVERLY, LLP


Donald L. Beeson, CA State Bar No. 56532
[email protected]
Varun Nayini, CA State Bar No. 293465
[email protected]
One Kaiser Plaza, Suite 750
Oakland, CA 94612
Tel.: (510) 832-8700
Fax: (510) 836-2595
Attorneys for Plaintiff
CHARCOAL COMPANION, INCORPORATED

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CHARCOAL COMPANION,
INCORPORATED,

)
)
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Plaintiff,
)
)
v.
)
)
MEDIUM RARE INDUSTRIES, INC
)
dba Cave Tools
)
)
Defendant
)
________________________________)

Case. No.
COMPLAINT FOR PATENT
INFRINGEMENT
(JURY TRIAL DEMANDED)

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Plaintiff, Charcoal Companion, Incorporated (CCI), hereby alleges for its
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complaint against Defendant, Medium Rare Industries Inc. dba Cave Tools (Cave
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Tools), as follows:
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JURISDICTION
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1.

This is a civil action arising under the patent laws of the United States, 35

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U.S.C. 100, et seq. This Court has subject matter jurisdiction over this action pursuant
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to 28 U.S.C. 1331 and 1338(a).
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VENUE
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2.

Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and

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1400(b) because Defendant committed acts of patent infringement in this district.

Case 4:16-cv-06564 Document 1 Filed 11/11/16 Page 2 of 8


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INTRADISTRICT ASSIGNMENT
3.

This case is exempt from intradistrict assignment pursuant to Civil L. R. 3-

2(c) because it includes intellectual property claims.

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PARTIES
4.

Plaintiff CCI is a California corporation having its principal business offices

located at 5905 Christie Avenue, Emeryville, California 94608.


5.

On information and belief, Defendant Cave Tools is a Pennsylvania

corporation having its principal business offices located at 125 Ranch Road, Newtown,

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Pennsylvania 18940.

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FACTUAL BACKGROUND

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6.

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products.

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7.

Plaintiff CCI designs, markets, and distributes barbecue accessory

Plaintiff CCI owns U.S. Utility Patent No. 8,997,639 for a SMOKER BOX

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FOR HOLDING FOOD FLAVORING WOOD CHIPS OR THE LIKE (the 639 Patent),

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which was duly and legally issued by the United States Patent and Trademark Office on

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April 7, 2015, and a copy of which is attached hereto as Exhibit A.

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8.

The claims of the 639 Patent are directed to a smoker box that can hold a

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quantity of wood chips and that can be removably placed below the cooking grate of a

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gas or electric cooking grill having heat deflector bars. When the wood chips in the

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smoker box burn, the resulting smoke escapes through perforations on the top lid of the

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smoker box and impart enhanced smoke flavor into foods cooked on the grill. See, 639

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Patent at 2:23-2:31.

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9.

Earlier smoker boxes for wood chips were placed on top of the cooking

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grate or built into the grill itself. One drawback of these prior art smoker box

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arrangements is that the smoker box is not located where it can most advantageously

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smoke the food: below the cooking grate. The smoker box of the 639 Patent overcomes

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this drawback. It can be tucked between the heat deflector bars of a grill well below the
cooking grate. 639 Patent at 1:11-1:62. The smoker box can be provided in numerous

Case 4:16-cv-06564 Document 1 Filed 11/11/16 Page 3 of 8


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COMPLAINT FOR UTILITY PATENT INFRINGEMENT AND DESIGN PATENT INFRINGEMENT

different shapes and configurations that allow for this advantageous placement. 639

Patent, Figs. 1, 4A, 4B, 4C, 6A and 6B.

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Plaintiff CCI further owns U.S. Design Patent No. D585,702 which covers a

particular distinctive and ornamental design for a SMOKER BOX FOR A COOKING

GRILL (the 702 Design Patent). The 702 Design Patent was duly and legally issued

by the United States Patent and Trademark Office on February 3, 2009, and a copy is

attached hereto as Exhibit B.

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Upon information and belief, Defendant Cave Tools markets, distributes,

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and sells a variety of cooking tools and accessories, including barbecue tools for use with

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charcoal or gas barbecue grills. Defendant Cave Tools sells its barbecue tool products

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directly to consumers through their official website at www.cavetools.com, as well as

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through third-party online retailers and e-commerce platforms such as Amazon.com.

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12.

Upon information and belief, Defendant Cave Tools has made, imported,

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used, offered to sell, and/or sold, and continues to make, import, use, offer to sell, and/or

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sell smoker box products that are covered by the 639 Patent and 702 Design Patent

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owned by Plaintiff CCI.

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702 Design Patent have been purchased from Defendant Cave Tools in this District.

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Photographs of Defendant Cave Tools infringing smoker box products are attached

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hereto as Exhibit C.

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13.

Smoker box products that are covered by the 639 Patent and

Upon information and belief, Defendant Cave Toolss infringing smoker box

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products are available in two different sizes, designated by model names "V SMOKER

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BOX S" and "V SMOKER BOX L". Other than size, these models are identical in design.

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14.

Plaintiff CCI has not authorized Defendant Cave Tools to make, import,

use, offer to sell, and/or sell the V SMOKER BOX S or V SMOKER BOX L.
15.

Plaintiff CCI sells within the United States its own smoker box products as

27 covered by the 639 Patent and 702 Design Patent and has marked the same with patent
28 notices in accordance with 35 U.S.C. 287(a).

Case 4:16-cv-06564 Document 1 Filed 11/11/16 Page 4 of 8


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COMPLAINT FOR UTILITY PATENT INFRINGEMENT AND DESIGN PATENT INFRINGEMENT

16.

Defendant Cave Tools also has actual notice of Plaintiff CCIs 639 Patent

and 702 Design Patent. In a demand letter dated September 30, 2016 sent by Plaintiff

CCI to Defendant Cave Tools, Plaintiff CCI notified Defendant Cave Tools of the 639

Patent and 702 Design Patent and Defendant Cave Tools infringement thereof. Despite

this notice, Plaintiff CCI is informed and believes that Defendant Cave Tools continues to

make, use, import, sell and/or offer for sale their infringing V SMOKER BOX S and V

SMOKER BOX L.

FIRST CAUSE OF ACTION

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INFRINGEMENT OF U.S. PATENT NO. 8,997,639

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17.

Plaintiff CCI incorporates the allegations of paragraphs 1-16 above.

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18.

Plaintiff CCI alleges that Defendant Cave Toolss V SMOKER BOX S and V

13 SMOKER BOX L infringe at least Claim 18 of the 639 Patent. Upon information and
14 belief, both smoker box products include the following limitations of Claim 18 required to
15 establish infringement:
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(1)

a container body for holding wood chips or the like, the container body
having a top and a smaller bottom centered beneath the top which defines
the deepest portion of the container body, wherein the container body

Case 4:16-cv-06564 Document 1 Filed 11/11/16 Page 5 of 8


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COMPLAINT FOR UTILITY PATENT INFRINGEMENT AND DESIGN PATENT INFRINGEMENT

progressively narrows from the top to the smaller centered bottom, the

container body being sized and shaped to approximately conform to the

trough region between adjacent heat deflector bars of a cooking grill on

which the smoker box is to be used; and

(2)

a lid for at least partially covering the top of the smoker box, the lid having a

plurality of openings to allow smoke to be released over a relatively large

area of the lid, whereby smoke from wood chips or the like contained within

the container body of the smoker box is released from the smoker box to

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flavor food on a cooking grate above the smoker box.

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Case 4:16-cv-06564 Document 1 Filed 11/11/16 Page 6 of 8


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COMPLAINT FOR UTILITY PATENT INFRINGEMENT AND DESIGN PATENT INFRINGEMENT

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SECOND CAUSE OF ACTION

INFRINGEMENT OF U.S. DESIGN PATENT NO. D585,702

19.

Plaintiff CCI incorporates the allegations of paragraphs 1-16 above.

20.

Plaintiff CCI further alleges that the design of Defendant Cave Toolss V

SMOKER BOX S and V SMOKER BOX L would be seen to be substantially the same in

the eyes of the ordinary observer to the distinctive, ornamental design covered by the 702

Design Patent.

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21.

The top-openings on the lid of the smoker box design of the 702 Design

20 Patent are in broken lines and thus are not part of the claimed design. Additionally, the
21 breaks depicted in the 702 Design Patent drawing indicate that the smoked box design
22 shown can be of any length.
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CLAIM FOR RELIEF


22.

As a direct and proximate consequence of Defendant Cave Toolss

25 infringement of the 639 Patent and 702 Design Patent, Plaintiff CCI has suffered and will
26 continue to suffer irreparable injury and damages in an amount not yet determined for
27 which Plaintiff CCI is entitled to relief.
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Case 4:16-cv-06564 Document 1 Filed 11/11/16 Page 7 of 8


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COMPLAINT FOR UTILITY PATENT INFRINGEMENT AND DESIGN PATENT INFRINGEMENT

23.

Defendant Cave Tools has been put on actual notice of the 639 Patent and

702 Design Patent by Plaintiff CCI and infringement of the 639 Patent and 702 Design

Patent by Defendant Cave Tools has been willful and deliberate.

24.

Pursuant to 35 U.S.C. 284, Plaintiff CCI is entitled to damages, and to

treble damages, on grounds that, on information and belief, the infringement by Defendant

Cave Tools was willful and deliberate.

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25.

Pursuant to 35 U.S.C. 289, Plaintiff CCI is entitled to Defendant Cave

Toolss total profit on account of the infringement, and pre-judgment and post-judgment

10 interest on such award.


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26.

Pursuant to 35 U.S.C. 283, Plaintiff CCI is entitled to temporary and

12 permanent injunctions enjoining Defendant Cave Tools from further infringing the 639
13 Patent and 702 Design Patent.
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PRAYER FOR RELIEF


WHEREFORE, Plaintiff CCI requests that this Court enter judgment in its favor

16 against Defendant Cave Tools as follows:


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Declaring that Defendant Cave Tools has infringed the 639 Patent and 702

18 Design Patent owned by Plaintiff CCI.


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Declaring that such infringement has been willful and deliberate.

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29.

Preliminarily and permanently enjoining Defendant Cave Tools, including its

21 respective officers, directors, agents, employees, parents, and subsidiaries, and all others
22 acting or controlled by or through Defendant Cave Tools, or acting in concert or
23 participating with Defendant Cave Tools, from making, using, causing to be used, selling,
24 offering to sell, and importing into the United States any goods that directly infringe,
25 contributorily infringe, or inducing or causing others to infringe the 639 Patent and 702
26 Design Patent pursuant to 35 U.S.C. 283.
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30.

That Plaintiff CCI be awarded compensatory damages according to proof on

28 account of such infringements in accordance with 35 U.S.C. 284, and pre-judgment and
post-judgment interest on such award.

Case 4:16-cv-06564 Document 1 Filed 11/11/16 Page 8 of 8


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COMPLAINT FOR UTILITY PATENT INFRINGEMENT AND DESIGN PATENT INFRINGEMENT

31.

That Plaintiff CCI be awarded Defendant Cave Toolss total profit on account

of such infringements under 35 U.S.C. 289, and pre-judgment and post-judgment

interest on such award.

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infringement pursuant to 35 U.S.C. 284;

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That treble damages be assessed against Defendant Cave Tools for willful

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Awarding Plaintiff CCI reasonable attorneys fees pursuant to 35 U.S.C.

34.

Awarding Plaintiff CCI such further and additional relief as this Court deems

285.

10 just and proper.


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DEMAND FOR A JURY TRIAL


35.

Pursuant to Fed. R. Civ. P. 38(b), Plaintiff CCI hereby demands a trial by

13 jury on all claims asserted herein.


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CERTIFICATION OF INTERESTED ENTITIES OR PARTIES


36.

Pursuant to Civil L.R. 3-16, the undersigned certifies that as of this date,

16 other than the named parties, there is no such interest to report.


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18 Date: November 11, 2016

BEESON SKINNER BEVERLY, LLP

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By /Donald L. Beeson/
Donald L. Beeson
Attorneys for Plaintiff
Charcoal Companion, Incorporated

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Case 4:16-cv-06564 Document 1-1 Filed 11/11/16 Page 1 of 12

Exhibit A

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Case 4:16-cv-06564 Document 1-1 Filed 11/11/16 Page 4 of 12

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Case 4:16-cv-06564 Document 1-1 Filed 11/11/16 Page 6 of 12

Case 4:16-cv-06564 Document 1-1 Filed 11/11/16 Page 7 of 12

Case 4:16-cv-06564 Document 1-1 Filed 11/11/16 Page 8 of 12

Case 4:16-cv-06564 Document 1-1 Filed 11/11/16 Page 9 of 12

Case 4:16-cv-06564 Document 1-1 Filed 11/11/16 Page 10 of 12

Case 4:16-cv-06564 Document 1-1 Filed 11/11/16 Page 11 of 12

Case 4:16-cv-06564 Document 1-1 Filed 11/11/16 Page 12 of 12

Case 4:16-cv-06564 Document 1-2 Filed 11/11/16 Page 1 of 8

Exhibit B

Case 4:16-cv-06564 Document 1-2 Filed 11/11/16 Page 2 of 8

Case 4:16-cv-06564 Document 1-2 Filed 11/11/16 Page 3 of 8

Case 4:16-cv-06564 Document 1-2 Filed 11/11/16 Page 4 of 8

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Case 4:16-cv-06564 Document 1-2 Filed 11/11/16 Page 6 of 8

Case 4:16-cv-06564 Document 1-2 Filed 11/11/16 Page 7 of 8

Case 4:16-cv-06564 Document 1-2 Filed 11/11/16 Page 8 of 8

Case 4:16-cv-06564 Document 1-3 Filed 11/11/16 Page 1 of 3

Exhibit C

Case 4:16-cv-06564 Document 1-3 Filed 11/11/16 Page 2 of 3

Case 4:16-cv-06564 Document 1-3 Filed 11/11/16 Page 3 of 3

Case 4:16-cv-06564 Document 1-4 Filed 11/11/16 Page 1 of 2

JS-CAND 44 (Rev. 07/16)

CIVIL COVER SHEET

The JS-CAND 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 in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Charcoal Companion, Incorporated


(b)

County of Residence of First Listed Plaintiff

Medium Rare Industries, Incorporated (dba Cave Tools)


County of Residence of First Listed Defendant

Alameda

(EXCEPT IN U.S. PLAINTIFF CASES)

(c)

Bucks County, Pennsylvania

(IN U.S. PLAINTIFF CASES ONLY)


NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)

Attorneys (Firm Name, Address, and Telephone Number)

Beeson Skinner Beverly LLP


One Kaiser Plaza, Suite 750, Oakland CA 94612
(510) 832-8700
II. BASIS OF JURISDICTION (Place an X in One Box Only)
1

U.S. Government
Plaintiff

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

U.S. Government
Defendant

4 Diversity
(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT


CONTRACT

(For Diversity Cases Only)


PTF

(Place an X in One Box Only)


TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
Of Veterans Benefits
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

2 Removed from
State Court

3 Remanded from
Appellate Court

and One Box for Defendant)


PTF
DEF

DEF

Citizen of This State

1 Incorporated or Principal Place


of Business In This State

Citizen of Another State

2 Incorporated and Principal Place


of Business In Another State

Citizen or Subject of a
Foreign Country

3 Foreign Nation

FORFEITURE/PENALTY

PERSONAL INJURY
PERSONAL INJURY
310 Airplane
365 Personal Injury
315 Airplane Product
Product Liability
Liability
367 Health Care/
320 Assault, Libel &
Pharmaceutical
Slander
Personal Injury
330 Federal Employers
Product Liability
Liability
368 Asbestos Personal
340 Marine
Injury Product
345 Marine Product
Liability
Liability
PERSONAL PROPERTY
350 Motor Vehicle
370 Other Fraud
355 Motor Vehicle
371 Truth in Lending
Product Liability
380 Other Personal
Property Damage
360 Other Personal
Injury
385 Property Damage
362 Personal Injury Product Liability
Medical Malpractice
CIVIL RIGHTS
PRISONER PETITIONS
Habeas Corpus:
440 Other Civil Rights
441 Voting
463 Alien Detainee
442 Employment
510 Motions to Vacate
Sentence
443 Housing/
Accommodations
530 General
535 Death Penalty
445 Amer. w/Disabilities
Employment
Other:
540 Mandamus & Other
446 Amer. w/Disabilities
Other
550 Civil Rights
448 Education
555 Prison Condition
560 Civil Detainee
Conditions of
Confinement

V. ORIGIN (Place an X in One Box Only)


1 Original
Proceeding

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

BANKRUPTCY

625 Drug Related Seizure


of Property 21 USC 881
690 Other

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))

FEDERAL TAX SUITS


870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

4 Reinstated or
Reopened

5 Transferred from
Another District

6 Multidistrict
LitigationTransfer

(specify)

OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
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

8 Multidistrict
LitigationDirect File

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:

DEMAND $
VII. REQUESTED IN
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, Fed. R. Civ. P.
COMPLAINT:
VIII. RELATED CASE(S),
IF ANY (See instructions):
JUDGE
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
(Place an X in One Box Only)
SAN FRANCISCO/OAKLAND

DATE: 11/11/2016

Print

CHECK YES only if demanded in complaint:


JURY DEMAND:

Yes

DOCKET NUMBER

SAN JOSE

EUREKA-MCKINLEYVILLE

SIGNATURE OF ATTORNEY OF RECORD: /Donald L. Beeson/

Save As...

No

Reset

JS-CAND 44 (rev. 07/16)

Case 4:16-cv-06564 Document 1-4 Filed 11/11/16 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44


Authority For Civil Cover Sheet. The JS-CAND 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 in its original form by the Judicial
Conference of the United States in September 1974, is required for the Clerk of Court to initiate 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 Federal Rule of Civil Procedure 8(a), 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.
(1) United States plaintiff. Jurisdiction based on 28 USC 1345 and 1348. Suits by agencies and officers of the United States are included here.
(2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an X in this box.
(3) Federal question. This refers to suits under 28 USC 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.
(4) Diversity of citizenship. This refers to suits under 28 USC 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-CAND 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.


(1) Original Proceedings. Cases originating in the United States district courts.
(2) Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 USC 1441. When the
petition for removal is granted, check this box.
(3) Remanded from Appellate Court. Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
(4) Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
(5) Transferred from Another District. For cases transferred under Title 28 USC 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
(6) Multidistrict Litigation Transfer. Check this box when a multidistrict case is transferred into the district under authority of Title 28 USC
1407. When this box is checked, do not check (5) above.
(8) Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket.
Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.

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 Federal Rule of Civil Procedure 23.
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-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
IX.

Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this
section blank. For all other cases, identify the divisional venue according to Civil Local Rule 3-2: the county in which a substantial part of the
events or omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated.

Date and Attorney Signature. Date and sign the civil cover sheet.

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