Case: 1:16-cv-09818 Document #: 1 Filed: 10/18/16 Page 1 of 11 PageID #:1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
DAVID KITTOS,
Plaintiff,
v.
DONALD J. TRUMP FOR PRESIDENT, INC.,
DONALD TRUMP, SR., DONALD TRUMP,
JR., MICHAEL PENCE, and DOES 1-10,
Defendants.

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Civil Action No. 1:16-cv-9818

COMPLAINT
Plaintiff David Kittos (hereinafter “Plaintiff” or “Kittos”), by and through his counsel of
record Blaise & Nitschke, P.C., alleges for his Complaint against the Defendants, Donald J.
Trump for President, Inc., Donald Trump Sr., Donald Trump Jr., Michael Pence, and Does 1-10
(hereinafter, each a “Defendant” and collectively, the “Defendants”) as follows:
Nature of the Action
1.

This is a civil action against the Defendants for wrongful acts of

copyright infringement (U.S. Copyright Act, 17 U.S.C. § 101 et seq.).
The Parties
2.

Plaintiff is an individual who resides, and at all times relevant to this

Complaint did reside, in the United Kingdom.
3.

On information and belief, Defendant Donald J. Trump for President, Inc.

(“Trump for President, Inc.”) is a Virginia corporation maintaining its principal place of business
at 725 Fifth Avenue, New York, NY 10022. On information and belief as informed by online
records furnished by the State Corporation Commission of the Commonwealth of Virginia,

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Defendant Trump for President, Inc.’s agent CT Corporation System may be served legal process
at 4701 Cox Rd., Ste 285, Glen Allen, VA 23060.
4.

Defendant Donald Trump Sr. (“Trump Sr.”) is an individual who resides, and at

all times relevant to this Complaint resided in Manhattan, New York. At all times relevant to
this Complaint, Trump Sr. in addition to acting in his individual capacity, was also acting as an
agent of Defendant Trump for President, Inc. Plaintiff is informed, believes, and accordingly
alleges that Trump Sr. is in some manner liable for Plaintiff’s claims and proximately caused
Plaintiff’s damages.
5.

Defendant Donald Trump Jr. (“Trump Jr.”) is an individual who resides, and at

times relevant to this Complaint resided in Manhattan, New York. At all times relevant to this
Complaint, Defendant Trump Jr., in addition to acting in his individual capacity, was also
acting as an agent of Defendant Trump for President, Inc. Plaintiff is informed, believes, and
accordingly alleges that Trump Jr. is in some manner liable for Plaintiff’s claims and
proximately caused Plaintiff’s damages
6.

Defendant Michael Pence (“Pence”) is an individual who resides, and at all

times relevant to this Complaint resided in Indianapolis, Indiana. At all times relevant to this
Complaint, Pence, in addition to acting in his individual capacity, was also acting as an agent of
Defendant Trump for President, Inc. Plaintiff is informed, believes, and accordingly alleges
that Pence is in some manner liable for Plaintiff’s claims and proximately caused Plaintiff’s
damages
7.

On information and belief, one or more of Does 1-10 are the agent(s),

affiliate(s), officer(s), director(s), manager(s), principal(s), partner(s), joint venture(s), joint
actor(s), alter ego(s), hired contractor(s), website creator(s), website developer(s), content

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manager(s), content licensor(s), printer(s), printing house(s), publisher(s), graphic artist(s),
and/or employee(s) of Defendant Trump for President, Inc. Plaintiff does not know the true
names of Defendant Does 1 through 10, inclusive, and therefore identifies them as defendants
herein by those fictitious names. Plaintiff is informed, believes, and accordingly alleges that
each of the Does 1 through 10 is in some manner liable for Plaintiff’s claims and proximately
caused Plaintiff’s damages.
8.

Each of the Defendants had actual and/or constructive knowledge of the acts of

the other Defendants as described herein, and ratified, approved, joined in, acquiesced in,
and/or authorized the acts of the other, and/or retained the benefits of said acts.
Jurisdiction and Venue
9.

This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. §§ 1331 and 1338(a) and 17 U.S.C. § 501(a), as this action alleges infringement of
registered U.S. copyright rights, 17 U.S.C. § 101 et seq.
10.

This Court has personal jurisdiction over Defendants Trump for President, Inc.,

Trump Sr., Trump Jr., and Pence because they do business and/or transact business within the
State of Illinois. Defendants Trump for President, Inc., Trump Sr., Trump Jr. and Pence have
conducted tortious acts of infringement in the Northern District of Illinois, conducted acts
directed at this District, and/or transacted or done business within this District.
11.

Defendants have social media profiles wherein they have individuals who

follow their social media posts (hereinafter “Followers”). Defendants have Followers in
Illinois and in the Northern District. Defendants actively sought to campaign in the Northern
District of Illinois and have scheduled and promoted rallies in support of the same.
12.

On information and belief, each of Does 1-10 does business and/or transacts

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business within the State of Illinois and within this District, has conducted tortious acts of
infringement in the Northern District of Illinois, and has conducted acts directed at this District.
13.

Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b)(1),

1391(c)(2), and/or 1400(a) because, among other reasons, at least one Defendant is subject to
personal jurisdiction in this District.
Facts
Plaintiff’s Iconic Photograph
14.

Plaintiff is a photographer who licenses his photographs to other individuals and

organizations. Plaintiff displays his photographs for viewing via his personal webpage account
with the image and video hosting website, Flickr located at Uniform Resource Locator (“URL”)
https://www.flickr.com/photos/david_kittos/.
15.

On or about January 15, 2010, Plaintiff created the photographic image titled

“White Bowl of Candy,” a (the “Photograph”), a true copy of which is attached hereto and
incorporated herein as Exhibit A to this Complaint and available for viewing on-line at:
https://www.flickr.com/photos/david_kittos/4276832395
16.

In the Photograph, Plaintiff artistically experiments with a light tent and off-

camera flash, utilizing his skills to capture an image of multi-colored candies inside a white
bowl surrounded by an all-white environment. Each piece of candy in the Photograph is
randomly placed inside of the bowl, allowing their bright and boastful colors to become the
centerpiece of the image. It would be beyond difficult to accurately recreate such a vivid
image, given the challenge of replicating the exact lighting and exposure of the image, as well
as assembling the arrangement of the candies.
17.

The Photograph is an original work of authorship, fixed in a tangible medium of

expression from which it can be perceived, reproduced, or otherwise communicated, either
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directly or with the aid of a machine or device. As such, the Photograph is subject matter
protectable under the U.S. Copyright Act.
18.

The Photograph was posted to Flickr with all rights reserved.

19.

The Photograph is registered with the U.S. Copyright Office. The Photograph’s

copyright registration number is VA0002018955.
The Defendants’ Unauthorized Uses of Plaintiff’s Iconic Photograph
20.

On or about September 19, 2016, Defendants used an unauthorized copy of

the Photograph in and as part of an online advertisement (the “Advertisement”) for the
“Trump Pence Make America Great Again” campaign (the “Campaign”).
21.

As part of the Campaign, Defendant Trump Jr. tweeted the Advertisement

over his Twitter account along with the accompanying text: “[i]f I had a bowl of skittles
and I told you just three would kill you. Would you take a handful? That’s our Syrian
refugee problem.” A true copy of the Advertisement is attached hereto and incorporated
herein as Exhibit B. Defendant Trump Jr. then followed with an additional tweet that stated
“This image says it all. Let’s end the politically correct agenda that doesn’t put America
first.” A true copy of Defendant Trump Jr.’s tweet is attached hereto and incorporated
herein as Exhibit C.
22.

The Defendants’ unauthorized use of the Photograph in the Advertisement

and as part of the Campaign was to influence public opinion of Defendant Trump Sr.’s
and Defendant Pence’s candidacies as they run for President and Vice President of the
United States during the 2016 elections.
23.

The unauthorized use of the Photograph is reprehensibly offensive to

Plaintiff as he is a refugee of the Republic of Cyprus who was forced to flee his home at

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the age of six years old.
24.

Plaintiff never authorized Defendant Trump for President, Inc. or the other

Defendants to use the Photograph as part of the Advertisement or for any other purpose.
25.

On information and belief, the Defendants’ selection and use of the Photograph’s

is deliberate. Defendant Trump for President, Inc. has a history of being accused of using
works without the authorization of the copyright owner to promote Defendant Trump Sr.’s
candidacy, including, but not limited to being previously sued in 2016 for copyright
infringement for the unauthorized use of a photograph of an eagle as part of another campaign
advertisement.
26.

On information and belief, the Defendants have used or might have used the

Photograph in other manners and implementations in connection with the Campaign and
promotion of Defendants Trump Sr. and Pence, all without Plaintiff’s authorization.
The Defendants Incite an Epidemic of Third Party Infringement of the Photograph
27.

Presidential campaigns are financed, engineered and executed to induce as

many people as possible to nominate and elect its candidate. Especially in the Internet era,
viral promotion of candidates is invaluable.
28.

Defendants published the Advertisement incorporating the Photograph via

Twitter, intending that the individuals accessing Trump Jr.’s Twitter account would re-publish,
re-produce, re-transmit, and re-display the Advertisement for subsequent use by others via
Twitter and other Internet social media Platforms such as Facebook and Pinterest (collectively,
the “Internet Social Media Services”) (i.e. “re-tweet” via Twitter, “share” via Facebook, “pin”
via Pinterest). The effect of this iterated unauthorized reproduction and redistribution is the
rampant viral infringement of Plaintiff’s exclusive rights in his Photograph.

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29.

After Defendant Trump Jr.’s tweet, the Advertisement went viral as thousands

of individuals re-published the Advertisement, without Plaintiff’s authorization, across the
various Internet Social Media Services.
30.

The Advertisement gained significant attention throughout the media as the

Advertisement is offensive to Plaintiff and controversial amongst members of the public.
Multiple media outlets reported that Plaintiff did not authorize Trump Jr. or any other
Defendants to use the Photograph.
31.

As a result of the attention which the Advertisement received in the media,

Defendants knew or should have known that Plaintiff did not authorize or approve of the
Photograph’s use in the Advertisement and throughout the Campaign.
32.

The Advertisement remained on Defendant Trump Jr.’s Twitter account

webpage until on or about, September 27, 2016, when Plaintiff’s counsel contacted Twitter and
demanded the Advertisement be removed.
33.

On information and belief, the Photograph would have continued to remain on

Trump Jr.’s account had the Advertisement not been removed by Twitter at the demand of
Plaintiff’s counsel.
34.

In fact, CNN Politics reported that “[d]espite widespread condemnation, the

campaign [Defendants] stood by the tweet and in a statement called Trump Jr. ‘a tremendous
asset to the campaign.’” http://www.cnn.com/2016/09/19/politics/donald-trump-jr-twitterrefugees/, last accessed October 18, 2016.
35.

Defendants knew or should have known that by continuing to allow the

Advertisement to remain on Trump Jr.’s Twitter webpage account, other third party
individuals would be capable of reproducing, publicly displaying, transmitting, and otherwise

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using the Photograph across the various Internet Social Media Services.
36.

On information and belief, many thousands of individuals across the United

States are now reproducing, publicly displaying, transmitting, and otherwise using the
Photograph as part of promoting Trump Sr. and Pence, without Plaintiff’s authorization. Such
uses occurred nearly daily on national campaign coverage via network and cable television
broadcasts and across Internet websites and mobile content, print media and other media.
37.

Because Defendants contributed to and induced such third person infringement

of the Photograph and knew or should have known that such third persons would use the
Photograph without Plaintiff’s authorization as the Defendants wanted and encouraged, the
Defendants are vicarious liable for contributory infringement of the Photograph.
FIRST CLAIM FOR RELIEF
Direct Copyright Infringement (As Against All Defendants)
38.

Plaintiff repeats and realleges the allegations set forth in the previous paragraphs

of this Complaint as if fully set forth herein.
39.

Without the Plaintiff’s authorization or consent, the Defendants reproduced,

distributed, publicly displayed, created derivative works, transmitted, and otherwise used the
Photograph and/or its original elements, including within the Advertisement and throughout the
Campaign, all in violation of the Copyright Act, 17 U.S.C. §§ 106 and 501.
40.

The Defendants knew or should have known that they did not possess any

rights whatsoever to use the Photograph within the Advertisement, throughout the
Campaign, or otherwise.
41.

As a direct and proximate result of the Defendants’ copyright infringement,

Plaintiff has suffered and continues to suffer injuries and damages. Plaintiff is entitled to
actual damages and the Defendants’ additional profits, direct or indirect, attributable to the

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Defendants’ infringement of the Photograph, pursuant to 17 U.S.C. § 504(b).
42.

On information and belief, the foregoing acts of infringement by the

Defendants are willful, intentional, purposeful, and performed with knowledge that the
reproduction, public display, transmission and other uses of the Photograph are and were
unauthorized by Plaintiff. Conduct is willful if a copyright infringer knows its conduct
infringed copyright or if it acted with reckless disregard for such copyright rights.
SECOND CLAIM FOR RELIEF
Secondary Copyright Infringement (As Against All Defendants)
43.

Plaintiff repeats and realleges the allegations set forth in the previous paragraphs

of this Complaint as if fully set forth herein.
44.

The Defendants knowingly induced and encouraged third persons to

reproduce, display publicly, transmit, create derivative works based on, and otherwise use
the Photograph without the Plaintiff’s consent, including, but not limited to, reproducing,
displaying publicly and transmitting the Photograph and/or derivatives via Internet Social
Media Services, all without Plaintiff’s authorization.
45.

Defendants had the right and ability to control third person use of the

Photograph as Defendants could have prevented the Advertisement from being reproduced,
displayed publicly, and transmitted by removing the Advertisement from Trump Jr.’s Twitter
account. Because Defendants also benefitted commercially and otherwise from such
unauthorized third person uses of the Photograph, the Defendants are liable for vicarious
infringement of the Photograph.
46.

As a direct and proximate result of the Defendants’ copyright infringement,

Plaintiff has suffered and continue to suffer injuries and damages. Plaintiff is entitled to
actual damages and the Defendants’ additional profits, direct or indirect, attributable to the

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Defendants’ infringement of the Photograph, pursuant to 17 U.S.C. § 504(b).
Prayer for Relief
WHEREFORE, Plaintiff respectfully requests judgment against the Defendants as
follows:
a.

declaring the Defendants jointly and severally liable for direct and indirect
infringement of Plaintiff’s exclusive copyright rights in and to the
Photograph;

b.

enjoining the Defendants from unauthorized reproduction, transmission,
distribution, transmission, public display, creation of derivative works, and
other uses of the Photograph and/or any of its original elements;

c.

for the Defendants’ copyright infringement, awarding Plaintiff monetary
damages in an amount equal to his actual damages plus the Defendants’
additional profits attributable to such infringement, in an amount to be
determined at trial (17 U.S.C. § 504(a)(1));

d.

compelling the Defendants to account to Plaintiff for all profits, income,
receipts and other benefits derived by the Defendants from the reproduction,
distribution, transmission, public display, promotion, and sale of products,
services and media that infringe copyright rights in and to the Photograph
(17 U.S.C. §§ 504(a)(1) and 501(b)); and

e.

awarding Plaintiff such other and further relief as the Court deems just and
proper.

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JURY DEMAND
Plaintiff demands trial by jury on all issues so triable.
Respectfully submitted,
David Kittos
By:/s/ Heather L. Blaise
Heather L. Blaise
One of his attorneys

Dated: October 18, 2016
Heather L. Blaise, 6298241
Thomas J. Nitschke, 6225740
Lana B. Nassar, 6319396
Dean A. Hopkins II, 6319250
Blaise & Nitschke, P.C.
123 N. Wacker St., Suite 250
Chicago, Illinois 60606
(O)(312) 448-6602
(F)(312) 803-1940
hblaise@blaisenitschkelaw.com

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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CIVIL COVER SHEET

OJS 44 (Rev. 11/04)

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 THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS
David Kittos

DEFENDANTS
Donald J. Trump for President, Inc., Donald Trump, Sr., Donald
Trump, Jr., Michael Pence, Does 1-10

(b) County of Residence of First Listed Plaintiff

United Kingdom

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.

Attorneys (If Known)
(c) Attorney’s (Firm Name, Address, and Telephone Number)
Blaise & Nitschke, P.C., 123 N. Wacker Dr., Ste 250, Chicago, IL 60606,
(312) 448-6602
II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff

’1

’2

U.S. Government
Plaintiff

’ 3 Federal Question

U.S. Government
Defendant

’ 4 Diversity

(U.S. Government Not a Party)

CONTRACT













110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

(Place an “X” in One Box Only)
TORTS
















V. ORIGIN
’1

Original
Proceeding

DEF
’ 1

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
’ 4 ’4
of Business In This State

Citizen of Another State

’ 2

’ 2

Incorporated and Principal Place
of Business In Another State

’ 5

’ 5

Citizen or Subject of a
Foreign Country

’ 3

’ 3

Foreign Nation

’ 6

’ 6

(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT




(For Diversity Cases Only)
PTF
Citizen of This State
’ 1

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
CIVIL RIGHTS
441 Voting
442 Employment
443 Housing/
Accommodations
444 Welfare
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
440 Other Civil Rights

FORFEITURE/PENALTY

PERSONAL INJURY
’ 362 Personal Injury Med. Malpractice
’ 365 Personal Injury Product Liability
’ 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
’ 370 Other Fraud
’ 371 Truth in Lending
’ 380 Other Personal
Property Damage
’ 385 Property Damage
Product Liability
PRISONER PETITIONS

’ 510 Motions to Vacate




Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition

(Place an “X” in One Box Only)

’ 2

’ 610 Agriculture
’ 620 Other Food & Drug
’ 625 Drug Related Seizure










of Property 21 USC 881
630 Liquor Laws
640 R.R. & Truck
650 Airline Regs.
660 Occupational
Safety/Health
690 Other
LABOR
710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
730 Labor/Mgmt.Reporting
& Disclosure Act
740 Railway Labor Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act

BANKRUPTCY

’ 422 Appeal 28 USC 158
’ 423 Withdrawal
28 USC 157
PROPERTY RIGHTS

’ 820 Copyrights
’ 830 Patent
’ 840 Trademark
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 IRS—Third Party
26 USC 7609





OTHER STATUTES



















Transferred from
’ 6 Multidistrict
another district
Removed from
Remanded from
Reinstated or
(specify)
State Court
Appellate Court
Reopened
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

’ 3

VI. CAUSE OF ACTION

’4

’ 5

’ 7

Appeal to District
Judge from
Magistrate
Judgment

17 U.S.C. §§ 106 and 501. et seq.

Brief description of cause:

Copyright infringement of a photograph
DEMAND $
’ CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER F.R.C.P. 23
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
JUDGE
IF ANY
DATE

CHECK YES only if demanded in complaint:
’ Yes
’ No
JURY DEMAND:
DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Heather L. Blaise

10/18/2016
FOR OFFICE USE ONLY
RECEIPT #

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
810 Selective Service
850 Securities/Commodities/
Exchange
875 Customer Challenge
12 USC 3410
890 Other Statutory Actions
891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Matters
894 Energy Allocation Act
895 Freedom of Information
Act
900Appeal of Fee Determination
Under Equal Access
to Justice
950 Constitutionality of
State Statutes

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

JS 44 Reverse (Rev. 11/04)

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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. 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 clerks 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 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.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
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 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.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

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