Case 1:19-cv-11007 Document 1 Filed 04/29/19 Page 1 of 10

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

J W REILLY LLC,

Plaintiff, Civil Action No.

v.

BALLY AMERICAS INC., DEMAND FOR JURY TRIAL

BALLY INTERNATIONAL AG and
BALLY SCHUHFABRIKEN AG,

Defendants.

COMPLAINT

Plaintiff J W Reilly LLC (“Plaintiff or “JW”), by its undersigned attorneys, for its

complaint against Bally Americas Inc., Bally International AG, and Bally Schuhfabriken AG

(collectively, “Defendant” or “Bally”) alleges as follows:

NATURE OF THE ACTION

1. JW’s founder, Judith Reilly, is an artist and designer of timeless sterling silver

products, including sterling shoe buckles, medallions, bracelets and money clips. JW’s silver

products are all handmade in the U.S. by New England craftsmen, using centuries old techniques.

2. JW is forced to bring this lawsuit as a result of Bally’s willful copying of JW’s

patented shoe buckle design on several high-end women’s shoes. Before JW’s buckles were publicly

available, JW shared its elegant and unique design with Bally in connection with its efforts to organize

a charity event for victims of the 2013 Boston Marathon bombing. While Bally had no interest in

partnering with JW on such an event, it apparently did have an interest in using JW’s patented buckle

design without permission, acknowledgment, or compensation to JW.

3. Since 2013, Bally has sold a number of high-end women’s shoes that infringe JW’s

patented design, but it has refused to acknowledge or engage in discussions concerning its
 Case 1:19-cv-11007 Document 1 Filed 04/29/19 Page 2 of 10

unauthorized use of JW’s patented design. As a result, JW brings this lawsuit for design patent

infringement, seeking damages for Bally’s willful infringement and a permanent injunction.

THE PARTIES

4. JW is a Massachusetts limited liability company with a principal place of business at

20 Park Plaza, Suite 400, Boston, Massachusetts 02116.

5. On information and belief, defendant Bally International AG is a company

incorporated in Switzerland, with its headquarters located at Via Industria 1, 6987 Caslano,

Switzerland. Bally International AG is the holding company of all subsidiary, affiliated, and

associated Bally companies throughout the world. Bally International AG, along with Bally

Schuhfabriken AG and Bally Americas Inc., designs, manufactures, distributes, and sells luxury

goods under the Bally brand, including the accused shoe products.

6. On information and belief, defendant Bally Schuhfabriken AG, also known as Bally

Shoe Factories Ltd., is a subsidiary of Bally International AG and is incorporated in Switzerland.

Bally Schuhfabriken's headquarters are located at Via Industria 1, 6987 Casiano, Switzerland. Bally

International AG, along with Bally Schuhfabriken AG and Bally Americas Inc., designs,

manufactures, distributes, and sells luxury goods under the Bally brand, including the accused shoe

products.

7. On information and belief, defendant Bally Americas Inc. is a Delaware company

with a principal place of business at 750 Lexington Ave, 21st Floor, New York, NY 10022, and is a

subsidiary of Bally International AG. Bally Americas Inc. is registered with the Secretary of the

Commonwealth to do business in the Commonwealth of Massachusetts. At the time of the alleged

infringement, Bally Americas Inc. operated a Bally retail store in Boston, Massachusetts, from which

Accused Products were offered for sale and sold. Bally Americas Inc., along with Bally International

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AG and Bally Schuhfabriken, designs, manufactures, distributes, and sells luxury goods under the

Bally brand, including the accused shoe products.

JURISDICTION AND VENUE

8. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a)

because this action arises under the patent laws of the United States, 35 U.S.C. §§ 101, et seq.

9. This Court has personal jurisdiction over Defendants pursuant to M.G.L. c. 223A, § 3

because each of these entities, directly or through affiliates, subsidiaries or intermediaries, have

transacted business in the Commonwealth of Massachusetts, including offering to sell and/or selling

the Accused Products within the Commonwealth of Massachusetts directly or through intermediaries

via established distribution channels; contracted to supply services or things in the Commonwealth;

caused tortious injury by acts or omissions in the Commonwealth; caused tortious injury in the

Commonwealth by acts or omissions outside the Commonwealth and regularly do and solicit business

in the Commonwealth; and engaged in conduct, and derived substantial revenue from goods used or

consumed or services rendered, in the Commonwealth. Upon information and belief, Defendants

expect their actions to have consequences within this District, and derive substantial revenue from

interstate and international commerce.

10. In the alternative, this Court has personal jurisdiction over Bally International AG,

and Bally Schuhfabriken AG because the requirements of Federal Rules of Civil Procedure 4(k)(2)

are met.

11. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b)-(c) and 1400(b).

JW’S VALUALBLE DESIGN

12. JW’s shoe buckle design is the result of significant investment in design and

development, including extensive prototyping and testing by Ms. Reilly. The end result was a clean,

elegant, and timeless design.

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13. On June 3, 2011, Ms. Reilly filed an application to protect her innovative design with

a U.S. design patent and, on September 18, 2012, U.S. Patent No. D667,212 was duly and legally

issued (the “JW Patent”). The JW Patent covers the unique and ornamental appearance of JW’s

buckles. A true and correct copy of the JW Patent is attached hereto as Exhibit 1.

14. JW is the owner by assignment of all right, title, and interest in and to the JW Patent,

including the right to assert all causes of action arising under the patent and the right to any remedies

for infringement of it.

15. At all relevant times, JW has complied with the patent marking requirements of 35

U.S.C. § 287.

BALLY COPIES JW’S PATENTED DESIGN

16. In April 2013, shortly after the tragic Boston Marathon bombing, Ms. Reilly had the

idea to host a charitable event to raise money for victims of the bombing.

17. Having been a customer of Bally for years, Ms. Reilly believed that Bally might be

interested in such an event. Ms. Reilly contacted Mr. Jeremy McCulla, the manager of Bally’s store

location at Copley Place in Boston, Massachusetts, and proposed that the two companies host a joint

event to raise money for the Boston One Fund, which was set up to raise money for victims and their

families.

18. Mr. McCulla expressed an interest in the idea and invited Ms. Reilly to send a proposal

that he could share with others at Bally.

19. Pursuant to Mr. McCulla’s request, on November 4, 2013, Ms. Reilly sent Mr.

McCulla the email attached hereto as Exhibit 2, in which she inquired whether Bally would like to

“team up with us to do a special shoe event for Boston Strong” and provided information about the

money that would be donated to charity. Exhibit 2. In the email, Ms. Reilly described JW’s shoe

buckles and attached a photograph of the buckles on a pair of shoes. At this time, JW’s buckles were

4
 Case 1:19-cv-11007 Document 1 Filed 04/29/19 Page 5 of 10

not yet available for purchase but embodied the design of the JW Patent. The photograph specifically

identified the design as protected by “USA PATENT NUMBER D667212.”

20. On information and belief, Mr. McCulla shared Ms. Reilly’s proposal, including the

photograph of her patented shoe buckle design, with one or more individuals at Bally corporate.

21. On or about April 26, 2014, Judith Reilly was told by Mr. McCulla that Bally

corporate informed him that Bally was not interested in working with JW on the event.

22. JW subsequently discovered that Bally had begun selling in the United States at least

three styles of shoes that included buckles nearly identical to the buckle design that was sent to Mr.

McCulla and Bally corporate in November 2013. These shoes were sold under the names “Heline,”

“Holga,” and “Harmoni.” On information and belief, these shoes were commercially successful and

Bally has also sold an outlet store version of at least the Heline. All of these shoes are hereinafter

collectively referred to as the “Accused Products.” The buckle on each shoe is substantially the same

as JW’s buckle and the design of the JW Patent, as shown below:

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 Case 1:19-cv-11007 Document 1 Filed 04/29/19 Page 6 of 10

JW Patent JW Buckle Photo Sent to Bally Bally Shoe

Bally Harmoni

Bally Heline
 Case 1:19-cv-11007 Document 1 Filed 04/29/19 Page 7 of 10

JW Patent JW Buckle Photo Sent to Bally Bally Shoe

Bally Holga

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 Case 1:19-cv-11007 Document 1 Filed 04/29/19 Page 8 of 10

23. On information and belief, Bally intentionally copied the design of the buckle that was

shared with Bally by Ms. Reilly.

24. The buckles of the Accused Products are substantially similar to the design of the JW

Patent in the eyes of an ordinary observer.

25. After realizing that Bally had copied JW’s patented design, JW retained Swiss counsel

to contact Bally at its headquarters in Switzerland, with the goal of resolving this matter amicably.

Specifically, on October 3, 2017, JW sent the letter attached as Exhibit 3 to Mr. Frédéric De Narp,

Chief Executive Officer of Bally.

26. Since then, JW has sent correspondence to several other individuals at Bally in an

effort to understand and resolve Bally’s use of JW’s patented design. However, Bally has refused to

acknowledge its unauthorized use of the design claimed in the JW Patent. As a result, JW was left

with no other option but to bring this lawsuit.

COUNT I
Design Patent Infringement

27. Plaintiff repeats and realleges each and every paragraph above as if fully set forth

herein.

28. Bally has infringed the JW Patent by making, using, selling and/or offering to sell in

the United States, and/or importing into the United States one or more of the Accused Products,

infringing the ornamental design claimed by the JW Patent.

29. On information and belief, Bally’s infringement of the JW Patent has been intentional,

willful, and without regard to Plaintiff’s rights.

30. On information and belief, Bally has gained profits by virtue of its infringement of the

JW Patent.
 Case 1:19-cv-11007 Document 1 Filed 04/29/19 Page 9 of 10

31. Plaintiff has sustained damages as a direct and proximate result of Bally’s

infringement of the JW Patent.

32. Plaintiff is entitled to a permanent injunction preventing Bally from further infringing

the JW Patent.

REQUEST FOR RELIEF

WHEREFORE, Plaintiff prays for judgment and relief as follows:

a. A judgment that Bally has infringed the JW Patent;

b. An order and judgment preliminarily and permanently enjoining Bally and its

officers, directors, agents, servants, employees, affiliates, attorneys, and all others acting in

privity or in concert with them, and their parents, subsidiaries, divisions, successors and assigns

from further acts of infringement of the JW Patent;

c. A judgment awarding Plaintiff all damages adequate to compensate for Bally’s

infringement of the JW Patent, and in no event less than a reasonable royalty for Bally’s acts of

infringement, including all pre-judgment and post-judgment interest at the maximum rate

permitted by law;

d. A judgment awarding Plaintiff all damages, including treble damages pursuant to

35 U.S.C. § 284;

e. A judgment awarding Plaintiff all of Bally’s profits, pursuant to 35 U.S.C. § 289;

f. A declaration that this case is exceptional under 35 U.S.C. § 285 and an award to

Plaintiff of its reasonable costs and expenses of litigation, including attorneys’ and experts’ fees;

g. An award of pre-judgment interest; and

h. Awarding all other relief this Court deems just, proper, and equitable.

JURY DEMAND

Plaintiff demands a trial by jury as to all claims and all issues properly triable thereby.

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 Case 1:19-cv-11007 Document 1 Filed 04/29/19 Page 10 of 10

Date: April 29, 2019 Respectfully submitted,

J W Reilly LLC,

By its attorneys,

/s/ Andrew T. O’Connor

Jennifer B. Furey, BBO #: 634174
Andrew T. O’Connor, BBO #: 664811
GOULSTON & STORRS PC
400 Atlantic Ave.
Boston, MA 02110
JFurey@goulstonstorrs.com
AOconnor@goulstonstorrs.com

and

Robert D. Leighton (pro hac vice forthcoming)

A. Colin Wexler (pro hac vice forthcoming)
GOLDBERG KOHN, LTD.
55 East Monroe, Suite 3300
Chicago, Illinois 60603
312-201-4000
Colin.Wexler@goldbergkohn.com
Robert.Leighton@goldbergkohn.com

10
4838-6486-0559.2
Case 1:19-cv-11007 Document 1-1 Filed 04/29/19 Page 1 of 5

Exhibit 1
 Case 1:19-cv-11007 Document 1-1 Filed 04/29/19 Page 2 of 5
USOOD667212S

(12) United States Design Patent (10) Patent No.: US D667,212 S

Reilly (45) Date of Patent: Sep. 18, 2012
(54) SHOE BUCKLE Primary Examiner — Dominic Simone
(74) Attorney, Agent, or Firm — Dauphin Law Offices:
(76) Inventor: Judith W. Reilly, Andover, MA (US) Brian C. Dauphin, Esq.
(**) Term: 14 Years (57) CLAM
The ornamental design for a shoe buckle, as shown and
(21) Appl. No. 29/373,885 described.
(22) Filed: Jun. 3, 2011 DESCRIPTION
(51) LOC (9) Cl. .................................................. O2-99
(52) U.S. Cl. .......................................... D2/976 FIG. 1 is a front perspective view of a shoe buckle showing
(58) Field of Classification Search ................... D2/939, my new design;
D2/946, 976: 36/45, 136, 137, 50.1 FIG. 2 is a front elevational view thereof
See application file for complete search historv. FIG. 3 is a rear elevational of the embodiment of FIG. 1;
pp p ry FIG. 4 is a first side elevation view of the embodiment of FIG.
(56) References Cited 1;
FIG. 5 is a second side elevation view of the embodiment of
U.S. PATENT DOCUMENTS FIG. 1:
1,053,974 A * 2, 1913 Cohen ............................... 36/45 FIG. 6 is a top elevational view of the embodiment of FIG. 1;
D91,613 S * 2/1934 DeLiso ... ... D2/939 and
D92,306 S * 5/1934 Heil ......... D2/939 FIG. 7 is a bottom elevational view of the embodiment of FIG.
D129,300 S * 9/1941 Sutcliffe .......... D2/939 1.
D131,552 S * 3/1942 Julianelli et al. ............... D2/939
* cited by examiner 1 Claim, 3 Drawing Sheets
 Case 1:19-cv-11007 Document 1-1 Filed 04/29/19 Page 3 of 5

U.S. Patent Sep. 18, 2012 Sheet 1 of 3 US D667,212 S

 Case 1:19-cv-11007 Document 1-1 Filed 04/29/19 Page 4 of 5

U.S. Patent Sep. 18, 2012 Sheet 2 of 3 US D667,212 S

FIG. 2

FIG 3
 Case 1:19-cv-11007 Document 1-1 Filed 04/29/19 Page 5 of 5

U.S. Patent Sep. 18, 2012 Sheet 3 of 3 US D667,212 S

FIG. 4 FIG. 5

FIG. 6
Case 1:19-cv-11007 Document 1-2 Filed 04/29/19 Page 1 of 3

Exhibit 2
 Case 1:19-cv-11007 Document 1-2 Filed 04/29/19 Page 2 of 3

From: Judy Reilly [mailto:judith.reilly@comcast.net]

Sent: Monday, November 04, 2013 11:07 AM
To: 'jeremymcculla@bally.ch'
Subject:

Dear Jeremy,

Attached is the image of our shoe buckles. We are getting ready to launch our sterling product line for 2014 and are
now
reaching out to shoe companies in Boston to see if they would like to team up with us to do a special shoe event for
Boston Strong.

We would be so happy to work with you in your Boston Store.

The shoe buckles may be worn on a variety of women’s pumps- be it heels, flats, peep toe and they are all handcrafted
right here in New England.
They are all made to order and retail for $450 per pair.

We would like to give $26.2 per shoe buckle pair purchased directly to Boston Strong. If you have an interest I’d be
happy to come in and share our work with you.

Thank you so much.

Judy Reilly
Designer/Owner
JW Reilly-Boston

1
 Case 1:19-cv-11007 Document 1-2 Filed 04/29/19 Page 3 of 3

JW Reilly B O S T O N
TM

D667212
NUMBER
USA PATENT
Handcrafted Sterling Silver
JW R EILLY –B OSTON JUDITH . REILLY @ COMCAST. NET 617-510-3239
Case 1:19-cv-11007 Document 1-3 Filed 04/29/19 Page 1 of 3

Exhibit 3
 Case 1:19-cv-11007 Document 1-3 Filed 04/29/19 Page 2 of 3

CMS von Erlach Poncet AG

Bally Schuhfabriken AG Dreikönigstrasse 7
P.O.Box
attn. Frédéric De Narp
8022 Zurich
Via Industria 1 Switzerland
6987 Caslano
T +41 44 285 11 11
Schweiz F +41 44 285 11 22

cms.law

Caroline Gaul, LL.M.

Attorney at Law
caroline.gaul@cms-vep.com

3. Oktober 2017
214462/02/Letter JW Reilly to Bally_English.docx/CGA/sfu

Dear Mr. De Narp,

We represent JW Reilly Boston and its owner Judith W. Reilly (collectively, “JW Reilly”).
JW Reilly is a designer and seller of timeless sterling silver products, which are made to order
by New England craftsman using centuries old techniques.

Among other things, since 2012, JW Reilly has sold sterling shoe buckles. (See below and at
www.jwreillyboston.com.) They currently retail for $450 per pair.

In addition to any common law rights our client has acquired in connection with these buck-
les, it owns U.S. Patent No. D667,212, which the United States Patent and Trademark Office

German qualified lawyer (Member of the German Bar Association Frankfurt am Main) and registered in the Swiss roll of solicitors in accordance with Art. 28
BGFA
CMS von Erlach Poncet Ltd. is a member of CMS, the organisation of European law firms. In certain circumstances, CMS is used as a brand or business
name of some or all of the member firms. Further information can be found at cms.law.
CMS locations: Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing, Belgrade, Berlin, Bogotá, Bratislava, Bristol, Brussels, Bucharest, Budapest,
Casablanca, Cologne, Dubai, Duesseldorf, Edinburgh, Frankfurt, Geneva, Glasgow, Hamburg, Hong Kong, Istanbul, Kyiv, Leipzig, Lima, Lisbon, Ljubljana,
London, Luxembourg, Lyon, Madrid, Medellín, Mexico City, Milan, Moscow, Munich, Muscat, Paris, Podgorica, Prague, Rio de Janeiro, Rome,
Santiago de Chile, Sarajevo, Seville, Shanghai, Sofia, Strasbourg, Stuttgart, Tehran, Tirana, Utrecht, Vienna, Warsaw, Zagreb and Zurich.
 Case 1:19-cv-11007 Document 1-3 Filed 04/29/19 Page 3 of 3

issued on September 18, 2012. A copy of that patent is enclosed for your reference. In addi-
tion, JW Reilly owns EU Community Design Registration Nos. 03389261-0001 - 03389261-
0004, Switzerland Design Registration No. 142902, and Norwegian Design Registration No.
085520. Also, JW Reilly filed U.S. Design Application No. 29/598,031 on March 22, 2017.

You may in fact be familiar with our client’s shoe buckles and our client’s intellectual proper-
ty as a result of prior interactions between JW Reilly and Bally. In or about November 2013,
our client contacted the manager of Bally’s store location at Copley Place in Boston, Massa-
chusetts. JW Reilly proposed that the two companies host a joint event to assist the victims of
the Boston Marathon bombing and to contribute to the Boston One Fund. Although discus-
sions of a partnership did not progress at that time, JW Reilly revealed to Bally images of its
shoe buckles, which were not yet available for purchase. Our client had further contact with
Bally at Copley Place in or about March, April and June 2014.

It has come to JW Reilly’s attention that Bally has marketed and sold shoes bearing a buckle,
including shoes under the name “Holga,” “Heline” and “Harmoni.”

Our client would like to generally discuss with you these designs, including potential joint
venture opportunities and/or a possible licensing agreement.

Accordingly, we ask that you or your legal counsel respond to this letter until

November 2nd 2017.

Of course, this letter does not waive, and is without prejudice to, our client’s rights and reme-
dies, all of which are expressly reserved.

We look forward to hearing from you.

Yours sincerely,

Caroline Gaul

-2-
 Case 1:19-cv-11007 Document 1-4 Filed 04/29/19 Page 1 of 2
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

J W Reilly LLC Bally Americas Inc., Bally International AG & Bally Schuhfabriken AG

(b) County of Residence of First Listed Plaintiff Suffolk County of Residence of First Listed Defendant New York
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(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
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of Business In This State

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Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
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Patent Infringement
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DATE SIGNATURE OF ATTORNEY OF RECORD
04/29/2019 /s/ Andrew T. O'Connor
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 06/17) Case 1:19-cv-11007 Document 1-4 Filed 04/29/19 Page 2 of 2
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section for each principal party.

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

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

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
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 – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Case 1:19-cv-11007 Document 1-5 Filed 04/29/19 Page 1 of 1
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

1. T¡tle of case (name of first party on each side JWRei LLC v. Bally Americas lnc.

2. Category in which the case belongs based upon the numbered nature of suit code tisted on the civil cover sheet. (See local
rule 40.1 (aX1)).

r' 1 160, 400,410,441, 535, 830*, 835*, 850, 891, 893, R.23, REGARDLESS OF NATURE OF SU|T.

ll. 110, 130, 190, 196,370,375, 376,4/¡0,442,443,445,446,4/,8,470,75't,820*,840.,895,896,899.

120,140,150,151,152,153,195,210,220,230,240,245,290,310,315,320,330,340,345,350, 355, 360, 362,

1il. 365, 367, 368, 371, 380, 385, 422, 423,430, 450, 460, 462,463, 465, 480, 490, 51 0, 530, 540, 550, 555, 560, 625,
690, 71 0, 720,740,790, 791, 861 -865, 870,871,890, 950.

*Also complete AO 120 or AO'12'1, for patent, trademark or copyr¡ght

cases.

3, T¡tle and number, if any, of related cases. (See local rule 40,1(g)). lf more than one prior related case has been filed in this
district please indicate the title and number of the first filed case in this court.
nla

4. Has a prior action between the same parties and based on the same claim ever bee¡.fiþd in this
YES T NO

5. Does the compla¡nt in this case question the constitut¡onality of an act of congress affecting the public interest? (See 28 USC
s2403)

YES NO r'
lf so, is the U.S.A. or an officer, agent or employee of the U.S, a party?
YES NO

6,
tl
ls this case required to be heard and determined by a district court of three judges Dursuant to t¡tle 28 USC s2284?

YES NO ø
7. parties in this action, excluding governmental agencies of the United States and the Commonwealth of
Do all of the
Massachusetts ("governmental agencies"), residing in Massachusetts resl division? - 40.1(d)).

i::""üe flit-ocarRure
A. lf yes, in which divis ign-do all of the non-governmental parties reside?
Eastern Division |l - c"r,tr"loivision f Western Division

B. !f no, in which division do the majority of the plaintiffs or the only parties, excluding governmentat agencies,
residing in Massachusetts reside?

Eastern Division r' Gentral Dív¡sion T Western Division T

8. lf filing a Notice of Removal - are there any motions pending ¡n the state court requiring the attention of this Court? (lf yes,
submit a separate sheet identifying the motions)

YES NO

(PLEASE rYPE OR PRINT)

ATTORNEY'S NAME Jennifer B. Furey and Andrew T. O'Connor
ADDRESS Goulston & Storrs PC, 400 Atlantic Avenue, Boston, MA 02110
TELEpHoNE No. 617 -482-1776
(CategoryForm1.2019.wpd )