Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

PHILLIP WILLIAMS, individually and on

behalf of a class of similarly situated
individuals,

Plaintiff,

v.

BURGER KING CORPORATION, a

Florida corporation,

Defendant.
________________________________/

CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff Phillip Williams, both individually and on behalf of similarly situated individuals,

brings this Complaint against Burger King Corporation (Defendant) to put a stop to Defendant’s

misleading practice of selling and marketing its “Impossible” Whopper burger as a meat-free food

option. Despite Burger King’s representations that the Impossible Whopper uses the trademarked

“Impossible Meat” that is well known as a meat-free and vegan meat alternative, Burger King

cooks these vegan patties on the same grills as its traditional meat products, thus covering the

outside of the Impossible Whopper’s meat-free patties with meat by-product. Plaintiff Phillip

Williams brings this action to obtain redress for all persons injured by Defendant Burger King’s

deceptive and unlawful conduct. Plaintiff alleges as follows based upon personal knowledge as to

his own acts and experiences, and as to all other matters, upon information and belief, including

investigation conducted by his attorneys.

NATURE OF THE ACTION

1
Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 2 of 13

1. Plaintiff brings this class action lawsuit against Defendant for violations of

Florida’s Deceptive and Unfair Trade Practices Act, section 501.201 et seq., Florida Statutes (the

“Act”), and common law, based on Burger King’s (Defendant) false and misleading business

practices with respect to the marketing and sale of its Impossible Whopper at Burger King

restaurants and franchises around America.

2. “Impossible” meat is a trademarked product that is owned independently from

Burger King that is widely known across the country as a vegan meat substitute. Due to its

impressive meat-like appearance, texture and taste, “Impossible” “meat” is one of the most popular

vegan meat alternatives in the country.

3. Plaintiff practices a strict vegan diet, meaning that he does not eat or drink anything

that uses animal by-products.

4. “Impossible” meats contain no animal products or animal by-products.

“Impossible” meats are also certified Halal and Kosher.1

5. On August 8, 2019, Defendant began to offer a version of its most popular and

widely advertised “Whopper” burger with the “Impossible” meat, called the “Impossible

Whopper.” Since then, Defendant has marketed and sold burgers using “Impossible” synthetic

meat patties under the descriptive product name “Impossible Whopper” claiming in advertising

that the Impossible Whopper is “0% beef” and “100% Whopper”.

6. However, unbeknownst to Plaintiff and consumers, the Impossible Whopper is

cooked on the same grills as its traditional meat-based products, creating a meat-free patty that is

in fact covered in meat by-product.

7. Plaintiff and other consumers purchased the Impossible Whopper, reasonably

1
See www.cnet.com/news/beyond-meat-vs-impossible-burger-whats-the-difference.
2
Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 3 of 13

relying on Defendant's deceptive representations about the Impossible Whopper and believing that

the “Impossible” vegan meat patty would be prepared in a manner that maintained its qualities as

a vegan (meat-free) burger patty.

8. Plaintiff and consumers pay a premium price to have an Impossible Whopper as

opposed to a traditional Whopper for the sole basis of having a meat-free option.

9. Had Plaintiff and other consumers known that the Impossible meat used in Burger

King’s Impossible Whopper was contaminated by meat by-product, they would not have

purchased the Impossible Whopper.

10. On behalf of himself and the proposed Class defined below, Plaintiff seeks an

injunction requiring Defendant to plainly disclose that the Impossible Whopper is cooked on the

same grill as its other meat; that Burger King’s future marketing of its Impossible Whopper comply

with Florida’s Deceptive and Unfair Trade Practices Act and common laws; as well as an award

of actual and compensatory damages to the Class, together with costs and reasonable attorneys’

fees.

PARTIES

11. Defendant Burger King Corporation is a Florida corporation with its headquarters

located in Miami, Florida, from where it manages the operations of thousands of Burger King fast-

food restaurants throughout the United States.

12. At all relevant times, Plaintiff has been a resident and citizen of the state of Georgia.

JURISDICTION & VENUE

13. This Court has diversity jurisdiction under 28 U.S.C. § 1332(d), because (i) at least

one member of the putative class is a citizen of a state different from any Defendant, (ii) the amount

3
Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 4 of 13

in controversy exceeds $5,000,000 exclusive of interests and costs, and (iii) none of the exceptions

under that subsection apply to the instant action.

14. This Court has personal jurisdiction over Defendant because Defendant is

incorporated in Florida and Defendant’s principle place of business is in Florida.

15. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because Defendant

resides in this judicial district, and Defendant is incorporated and has its principle place of business

in Florida.

COMMON ALLEGATIONS OF FACT

16. Burger King is an international restaurant chain that sells hamburgers to consumers

throughout the United States, and the world. In order to expand its product offerings and appeal to

the growing customer base of vegan consumers, in April 2019 corporate executives at Burger

King’s headquarters chose to offer a Whopper burger using “Impossible” meat patties at certain

Burger King locations, calling it the “Impossible Whopper.”

17. According to advertising created and/or approved by its corporate office for

distribution online, in print, and elsewhere, Burger King’s Impossible Whopper is “0% beef and

100% Whopper.”

18. Despite the foregoing representations, Burger King’s standard procedure is to cook

its “Impossible” vegan meat patties on the same grills as its traditional meat patties, thus

contaminating the vegan product with meat (including beef) by-products.

19. Defendant has no disclosures on its menus that would notify a consumer prior to

their purchase of the Impossible Whopper that it was cooked in a manner that would result in meat

by-products on the burger.

4
Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 5 of 13

20. Customers, such as Plaintiff, who maintain a vegan diet specifically purchased

Burger King’s Impossible Whopper based on Defendant’s representations that it would be a meat-

free food.

21. Defendant, through its unfair and deceptive practices in offering its Impossible

Whopper, monetarily benefits from consumers who legitimately believed that they were paying a

premium for a meat-free alternative.

22. Indeed, there are numerous consumer complaints posted online from customers

who have been outraged upon finding out that that the Impossible Whopper is prepared on the

same grills as Burger King’s traditional meat products.

23. On or around August 2019, after hearing about Burger King’s Impossible Whopper

through social media advertisements and word of mouth, and having no knowledge about how

Burger King actually prepares the Impossible Whopper, Plaintiff decided to visit a local Burger

King in Atlanta, Georgia to try the new product.

24. Plaintiff went to the location’s drive-through and ordered an Impossible Whopper

with no mayonnaise.

25. While waiting in the drive-through Plaintiff observed no signage indicating that the

Impossible patty was cooked on the same grill as Burger King’s meat products, nor was Plaintiff

notified by Burger King that the Impossible patty would be prepared in the same grills as its

traditional meat products. Plaintiff only saw Defendant’s representations that the Impossible

Whopper was made with the “Impossible” vegan and meat-free burger patty.

26. After checking that his Impossible Whopper did not contain mayonnaise, Plaintiff

proceeded to eat the Impossible Whopper believing that it was a meat-free option.

27. However, Plaintiff had been duped by Burger King’s deceptive practices into eating

5
Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 6 of 13

a meat-free Whopper Patty that was in fact covered in meat by-products.

28. Apart from being misled into consuming meat and/or meat by-products, Plaintiff

also suffered monetary damages in the amount that he paid to purchase the product.

29. Plaintiff, like the other members of the Class, reasonably believed that the

Impossible Whopper was in fact “0% beef” and, therefore, did not contain any meat or meat by-

products. Plaintiff would not have purchased the Impossible Whopper if he knew that it was

cooked in such a manner that it was coated in meat by-products.

30. Defendant’s actions in advertising and selling to Plaintiff and the other members of

the Class its meat-free Impossible Whopper without disclosing that the Impossible patty is cooked

on the same grills as its traditional meat products, violates Plaintiff’s common law rights as well

as the Act.

CLASS ACTION ALLEGATIONS

31. Plaintiff seeks class certification under Rule 23 of the Federal Rules of Civil

Procedure for the following class of similarly situated individuals: All individuals within the

United States who purchased Burger King’s Impossible Whopper.

32. Excluded from the Class are any members of the judiciary assigned to preside over

this matter; any officer or director of Defendant, and any immediate family member of such judge,

officer or director.

33. Upon information and belief, given that the Impossible Whopper was made

available in Burger King locations across the country, there are thousands of members of the Class,

making the members of the Class so numerous that joinder of all members is impracticable.

34. Plaintiff’s claims are typical of the claims of the Class he seeks to represent,

because the factual and legal bases of Defendant’s liability to Plaintiff and the Class is the same,

6
Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 7 of 13

and because Defendant’s conduct has resulted in similar injuries to Plaintiff and to the Class. As

alleged herein, Plaintiff and the Class have all suffered damages as a result of Defendant’s unfair

and deceptive business practices.

35. Common questions of law and fact exist as to all members of the Class, and such

questions predominate over questions affecting Plaintiff or individual members of the Class.

Common questions for the Class include, but are not limited, to the following:

(a) Whether Defendant’s Impossible Whopper was advertised and sold as being

meat-free;

(b) Whether Defendant’s Impossible Whopper was in fact prepared in such a

way that upon serving it contained meat by-products;

(c) Whether Defendant engaged in fraudulent, false, deceptive and/or unfair

conduct and business practices in advertising and selling its meat-free

Impossible Whopper that in fact contained meat by-products;

(d) Whether Plaintiff and the members of the Class have suffered damages form

Defendant’s conduct;

(e) Whether Defendant was unjustly enriched by receiving profits from its sales

of its Impossible Whopper at a higher cost than its traditional Whopper; and

(f) Whether Defendant should be enjoined from engaging in such conduct in

the future.

36. Plaintiff will fairly and adequately represent and protect the interests of the other

members of the Class. Plaintiff has retained counsel with substantial experience in prosecuting

complex litigation and class actions, and Plaintiff and his counsel are committed to vigorously

prosecuting this action on behalf of the members of the Class and have the financial resources to

7
Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 8 of 13

do so. Neither Plaintiff nor his counsel has any interest adverse to those of the other members of

the Class.

37. Defendant has acted and failed to act on grounds generally applicable to the

Plaintiff and the other members of the Class in advertising and selling its Impossible Whopper

burger, requiring the Court’s imposition of uniform relief to ensure compatible standards of

conduct toward the members of the Class and making injunctive or corresponding declaratory

relief appropriate for the Class as a whole.

38. The factual and legal bases of Defendant’s liability to Plaintiff and to the other

members of the Class are the same, resulting in injury to Plaintiff and to all of the other members

of the Class as a result of Defendant’s deceptive sales and marketing of its Impossible Whopper

burger.

39. Absent a class action, most members of the Class would find the cost of litigating

their claims to be prohibitive and would have no effective remedy. The class treatment of common

questions of law and fact is also superior to multiple individual actions or piecemeal litigation in

that it conserves the resources of the courts and the litigants and promotes consistency and

efficiency of adjudication.

FIRST CAUSE OF ACTION

Breach of Contract
(On behalf of Plaintiff and the Class)

40. Plaintiff hereby incorporates by reference the allegations set forth in Paragraphs 1–

39 above as if fully set forth herein.

41. Defendant advertised to Plaintiff and the other members of the Class that an

Impossible Whopper contained “Impossible” meat that was meat-free and vegan.

8
Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 9 of 13

42. Defendant sold its Impossible Whopper at a premium sum in exchange for a meat-

free Whopper Burger.

43. Plaintiff, like the other members of the Class, purchased Defendant’s Impossible

Whopper from Burger King specifically because it was advertised and represented as a meat-free

option.

44. However, Defendant failed to disclose or put Plaintiff and the other Class Members

on notice that its meat-free Impossible Whooper was in fact cooked and prepared on the same

grills as its traditional meat products, thus contaminating it with meat by-product.

45. Neither Plaintiff nor the other Class members received a meat-free or Impossible

Whopper from Burger King when they purchased the Impossible Whopper because the

“Impossible” patty is cooked in a manner that covers it in meat by-products.

46. Plaintiff and the other Class members would not have purchased Defendant’s

Impossible Whopper had they known that it was cooked on the same grills as its traditional meat

products and, as a result, contained meat by-products.

47. As a direct and proximate result of Defendant’s breach of contract, Plaintiff and the

other members of the Class have been harmed and have suffered damages by purchasing a product

that they would not have otherwise bought or otherwise paid a premium for.

SECOND CAUSE OF ACTION

Violation of Florida’s Deceptive and Unfair Trade Practices Act
(On behalf of Plaintiff and the Class)

48. Plaintiff hereby incorporates by reference the allegations set forth in Paragraphs 1–

39 above as if fully set forth herein.

49. Plaintiff and the other Class members are “consumers” within the meaning section

501.203(7), Florida Statutes because they are individuals.

9
Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 10 of 13

50. Burger King was engaged in “trade or commerce” within the meaning of section

501.203(8), Florida Statutes because it was advertising and offering for sale the Impossible

Whopper burgers at issue.

51. Burger King’s corporate headquarters are in Florida, and the unlawful conduct

alleged herein, including the advertising and disclosures made at Burger King locations throughout

the country, was directed, originated, and/or approved from Burger King’s corporate headquarters.

52. The Impossible Whopper is advertised and represented as being “0% Beef” and

containing a meat-free vegan beef patty made from “Impossible” meat.

53. As described above, Plaintiff and the other members of the Class purchased Burger

King’s Impossible Whopper in reliance upon Burger King’s representations that it contained a

meat-free vegan “Impossible” meat patty. Plaintiff, as did other reasonable consumers and the

Class, understood that an “Impossible Whopper,” and inclusion of “Impossible meat,” meant that

the Impossible Whopper would be free of any meat, including any meat by-product.

54. However, Burger King failed to, or did not adequately, disclose that the Impossible

patties used to make the Impossible Whopper are in fact prepared and cooked on the same grills

as Burger King’s traditional meat products and covered in meat by-product and are thus, not meat-

free.

55. Burger King’s conduct of selling a meat-free Impossible Whopper that is in fact

covered in meat by-products constitutes unfair methods of competition, unconscionable acts or

practices, and unfair or deceptive acts or practices within the meaning of section 501.204, et seq.,

Florida Statutes.

56. Plaintiff and the other members of the Class were injured by Defendant’s deceptive

and unfair conduct described above because they would not have purchased Defendant’s

10
Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 11 of 13

Impossible Whopper had they known that it was not in fact meat-free, or would have otherwise

not paid a premium to purchase it. Plaintiffs and the other members of the Class therefore suffered

actual damages within the meaning of section 501.211, Florida Statutes.

THIRD CAUSE OF ACTION

Unjust Enrichment
(On behalf of Plaintiff and the Class)

57. Plaintiff hereby incorporates by reference the allegations set forth in Paragraphs 1–

39 above as if fully set forth herein.

58. Plaintiff and the other members of the Class purchased Burger King’s Impossible

Whopper because it was represented as containing an “Impossible” brand vegan burger patty that

was meat-free.

59. Plaintiff and the other members of the Class have conferred substantial benefits to

Defendant when they purchased Burger King’s “Impossible Whopper.”

60. Burger King failed to disclose to Plaintiff and the other members of the Class how

it prepared its Impossible Whoppers and that the “Impossible” patties in the burgers were prepared

on the same grills as Defendant’s traditional meat products and thus were not in fact meat-free.

61. Despite numerous reviews and consumer outrage upon learning that the Impossible

Whopper was contaminated with meat by-product, Defendant kept payments from numerous

consumers, including Plaintiff and the other members of the Class.

62. Defendant’s retention of the payments and premiums received from Plaintiff and

the other members of the Class is unconscionable, and unless these payments are reimbursed,

Defendant Burger King will be unjustly enriched.

11
Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 12 of 13

63. As the direct and proximate result of Burger King’s unjust enrichment, Plaintiff and

the Class are entitled to restitution of all profits, benefits, and other advantages attained by

Defendant through the unlawful and deceptive conduct described herein.

REQUEST FOR RELIEF

Plaintiff, on behalf of himself and the Class, requests the following relief:

A. Certifying the Class as defined above, appointing Plaintiff as class representative

and the undersigned as class counsel;

B. Declaring that Defendant’s actions, as set forth herein, are unconscionable and
force Burger King to return all benefits gained, profits received, etc. from its
deceptive marketing and sale of its Impossible Whopper so as to make full
restitution to Plaintiff and the Class;

C. Declaring that Defendant be financially responsible for actually providing a meat-

free “Impossible” meat patty when selling its “Impossible Whoppers” to
consumers;

D. Awarding injunctive and equitable relief as necessary to protect the interests of

Plaintiff and the Class;

E. Awarding actual compensatory and any other damages the Court sees fit to the
Class members;

F. Awarding reasonable attorneys’ fees, costs, and other litigation expenses;

G. Awarding pre- and post-judgment interest, as allowable by law; and

H. Awarding such further and other relief as the Court deems just and equitable.

JURY DEMAND

Plaintiff requests trial by jury of all claims that can be so tried.

12
Case 1:19-cv-24755-UU Document 1 Entered on FLSD Docket 11/18/2019 Page 13 of 13

Dated: November 18, 2019 PHILLIP WILLIAMS, individually and on behalf of

a class of similarly situated individuals

/s/ David P. Healy

One of His Attorneys

David P. Healy (940410)

Dudley, Sellers, Healy, Heath & Desmond, PLLC
SunTrust Financial Center
3522 Thomasville Rd., Suite 301
Tallahassee, Florida 32309
Tel: (850) 222-5400
Fax: (850) 222-7339
[email protected]

13
 Case 1:19-cv-24755-UU Document
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017 1-1 Entered
CIVIL COVER on FLSD Docket 11/18/2019 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.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
I. (a) PLAINTIFFS PHILLIP WILLIAMS DEFENDANTS BURGER KING CORPORATION, a Florida
Corporation

(b) County of Residence of First Listed Plaintiff Fulton County, GA 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)
David P. Healy
3522 Thomasville Rd. Suite 301, Tallahassee, FL 32309 (850) 222-5400
(d) Check County Where Action Arose: MIAMI- DADE MONROE BROWARD PALM BEACH MARTIN ST. LUCIE INDIAN RIVER OKEECHOBEE HIGHLANDS

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 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
New Drug Application
Student Loans 340 Marine Injury Product 840 Trademark 470 Racketeer Influenced and
(Excl. Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage Leave Act 891 Agricultural Acts
362 Personal Injury - Product Liability 790 Other Labor Litigation 893 Environmental Matters
Med. Malpractice 791 Empl. Ret. Inc. 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 26 Act/Review or Appeal of
Sentence USC 7609
240 Torts to Land 443 Housing/ Other: Agency Decision
Accommodations
245 Tort Product Liability 445 Amer. w/Disabilities - 530 General IMMIGRATION 950 Constitutionality of State
Statutes
290 All Other Real Property Employment 535 Death Penalty 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee –
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed 3 Re-filed 4 Reinstated 5 Transferred from 6 Multidistrict 7 Appeal to 8 Multidistrict
Proceeding from State (See VI or another district Litigation
District Judge Litigation 9 Remanded from
Appellate Court
Court below) Reopened (specify) Transfer
from Magistrate – Direct
Judgment File

VI. RELATED/ (See instructions): a) Re-filed Case YES NO b) Related Cases YES NO
RE-FILED CASE(S) JUDGE: DOCKET NUMBER:
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
VII. CAUSE OF ACTION 28 U.S.C. § 1332 (d), deceptive and unfair trade practices
LENGTH OF TRIAL via days estimated (for both sides to try entire case)
VIII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION
DEMAND $ 5,000,000.00 CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23
JURY DEMAND: Yes No
ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE
DATE SIGNATURE OF ATTORNEY OF RECORD
November 18, 2019
/s/ David P. Healy (940410)
FOR OFFICE USE ONLY
RECEIPT # AMOUNT IFP JUDGE MAG JUDGE

Save As... Print Reset

 Case 1:19-cv-24755-UU Document 1-1 Entered on FLSD Docket 11/18/2019 Page 2 of 2
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017

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.C.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; 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. 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. When the
petition for removal is granted, check this box.
Refiled (3) Attach copy of Order for Dismissal of Previous case. Also complete VI.
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.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
Remanded from Appellate Court. (8) Check this box if remanded from Appellate Court.
VI. Related/Refiled Cases. This section of the JS 44 is used to reference related pending cases or re-filed cases. Insert the docket numbers and the
corresponding judges name for such cases.

VII. 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
VIII. 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 dollar amount (in thousands of dollars) 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.

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