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Document 1
Filed 06/14/16
Page 1 of 11
DISTRICT OF OREGON
PORTLAND DIVISION
10
11
12
13
v.
Plaintiffs,
14
Defendant.
15
CAUSE NO.:
)
)
)
)
)
)
)
)
)
)
16
17
Plaintiffs allege:
18
19
20
21
Plaintiffs Valerie and Richard Silva, husband and wife, are residents of the state of
Washington.
22
23
24
25
26
T HE SULLIVAN LAW FIRM
K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504
Case 3:16-cv-01078-PK
Document 1
Filed 06/14/16
Page 2 of 11
2.
2 Defendant Bullseye Glass Co. is an Oregon corporation with its principal office located in
3 Portland.
4
5
3.
There is complete diversity between the parties and jurisdiction is vested in this court
6 pursuant to 28 U.S.C. 1332. Each Plaintiffs damages exclusive of expenses and accruing
7 interest exceed $75,000. Venue is proper under 28 U.S.C. 1391 as defendant resides in
8 the District of Oregon and the incidents alleged herein took place in the District of Oregon.
9
BACKGROUND FACTS
10
11
4.
Plaintiff Valerie Silva, age 63, is employed by Fred Meyer at its Portland office facility
12 located at 22nd and Powell streets. This office facility is located across the street from
13 Bullseyes factory.
14
15
5.
Ms. Silva was diagnosed with stage IV (terminal) non-small cell lung cancer on
16 September 28, 2014. The cancer is located in both lungs. The cancer was caused by airborne
17 contamination. Ms. Silva never smoked cigarettes or used other tobacco products, nor did
18 her husband.
19
20
6.
Since her diagnosis, Ms. Silva has received regular medical treatment for her cancer.
21 Ms. Silva has suffered pain and suffering and loss of enjoyment of life as the result of her
22 cancer, the cancer treatment, and the prospect of an early death. Her mother lived until she
23 was 92 years old.
24
25
7.
Mr. and Mrs. Silva have a close and loving marriage. They are the parents of two
26 daughters and have four grandchildren. Ms. Silva has been severely emotionally traumatized
T HE SULLIVAN LAW FIRM
K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504
Case 3:16-cv-01078-PK
Document 1
Filed 06/14/16
Page 3 of 11
1 by her cancer diagnosis. Her husband Richard has likewise been severely emotionally
2 traumatized by his wifes cancer diagnosis and the devastating experience since her
3 diagnosis, and suffers loss of consortium. They will continue to suffer emotional harm from
4 this situation for the rest of their lives.
5
6
8.
On February 4, 2016, Ms. Silva received a notice at work that high levels of arsenic,
7 cadmium and hexavalent chromium were obtained at a testing site located in the Fred
8 Meyer parking lot. These contaminants had been emitted from the smokestacks at the
9 Bullseye facility across the street.
10
11
9.
Arsenic, cadmium and hexavalent chromium are classified as class I human
12 carcinogens by the US Department of Health and Human Services (DHHS) and the
13 International Agency for Research on Cancer. The U.S. Environmental Protection Agency
14 (EPA) and the State of Oregon Department of Environmental Quality (DEQ) have
15 established standards for the allowed emissions of these contaminants. In particular, the
16 EPA established National Emission Standards of Hazardous Air Pollutants (NESHAP) for
17 Glass Manufacturing sources, 40 CFR Part 63, sub part SSSSSS.
18
19
10.
According to the protocols and standards set forth by the World Trade Center Claims
K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504
Case 3:16-cv-01078-PK
Document 1
1
2
Filed 06/14/16
Page 4 of 11
11.
Bullseye began operation as a stained glass factory at its present location in 1974. As
3 part of the stained glass manufacturing process at its facility, large quantities of arsenic,
4 cadmium and hexavalent chromium are used regularly. Bullseye has continuously emitted
5 these contaminants into the air from this facility in southeast Portland for the past 40 years.
6 In 2014, for example, Bullseye used 1,800 pounds of arsenic trioxide.
7
8
12.
Bullseye knew or should have known that it had been emitting significant and unsafe
9 levels of these contaminants for decades. In fact, although it was aware of the dangers caused
10 by these contaminants, Bullseye lobbied and obtained from the EPA an exemption from
11 regulations for these contaminants so Bullseye would not have to treat or filter these
12 contaminants prior to emission.
13
14
13.
On July 27, 2010 the EPA sent Bullseye a letter which notified Bullseye that its
15 Portland facility was subject to 40 CFR Part 63 Subpart N, Manufacture of Glass in Periodic
16 Furnaces, attached as Exhibit A hereto.
17
18
14.
Portland residents complained to environmental regulators about emissions from
19 the Bullseye facility for decades. Nevertheless, Bullseye continued to emit these
20 contaminants.
21
22
15.
DEQ detected toxic levels in Portlands air over the past decade. DEQ did not
16.
Starting in 2012, the United States Forest Service began testing of moss in the
26 Portland area. This testing revealed high levels of the above contaminants. Because moss
T HE SULLIVAN LAW FIRM
K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504
Case 3:16-cv-01078-PK
Document 1
Filed 06/14/16
Page 5 of 11
1 grows on trees and absorbs nutrients and toxins from the air and not from the soil, any
2 contaminants detected in moss are derived solely from the air and rain.
3
4
17.
Research and testing by the Forest Service and DEQ established that the Bullseye
5 facility is the source of this contamination of arsenic, chromium and cadmium. In October
6 2015, DEQ tested the air in the vicinity of the Bullseye facility, and measured arsenic at 159
7 times the state-established levels, and cadmium at 49 times the state-established levels. In
8 February 2016, DEQ reported that unsafe levels of chromium had also been detected in the
9 vicinity of the Bullseye facility. Attached hereto as Exhibits B and C are tables summarizing
10 the exposure concentrations of these contaminants according to DEQ. DEQ has confirmed
11 in public announcements that Bullseye is the source of the above carcinogenic chemicals
12 into the air. Plaintiffs attach as Exhibit D, two maps developed by the Portland Oregonian
13 from this governmental research which identify the scope and source of the contamination
14 from the Bullseye facility.
15
16
18.
Plaintiffs never had knowledge or suspicion that toxic waste from the Bullseye facility
17 had been contaminating the air adjacent to the Fred Meyer office facility until the February
18 4, 2016 announcement at Fred Meyer. In fact, Ms. Silva went on daily walks for exercise on
19 breaks and at lunch time in the area of the Bullseye facility.
20
21
19.
Ms. Silvas lung cancer was proximately and directly caused and its growth promoted
24
25
20.
26
T HE SULLIVAN LAW FIRM
K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504
Case 3:16-cv-01078-PK
Document 1
Filed 06/14/16
Page 6 of 11
21.
Bullseye knew or should have known that the dispersal and discharge of the above
5 contaminants into the air would create and has created actual harm to humans, including
6 Ms. Silva.
7
8
22.
Bullseye knew or should have known that there existed, and still exists, to a scientific
9 probability, the probability that harm to others would result from the discharge of these
10 contaminants into the air.
11
12
23.
Bullseyes improper use and disposal of these contaminants was and is an ultra-
13 hazardous activity.
14
15
24.
As a direct and proximate result of these negligent acts and omissions, Plaintiffs have
16 suffered and will suffer non-economic damages of great physical, mental and nervous pain
17 and suffering, including the cancer suffered by Ms. Silva in an amount which exceeds the
18 jurisdictional minimum of this Court.
19
20
25.
As a direct and proximate result of these negligent acts and omissions, Plaintiffs have
21 and will suffer economic damages in an amount in excess of the jurisdictional amount of
22 this Court.
23
24
(Negligence)
25
26.
26
T HE SULLIVAN LAW FIRM
K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504
Case 3:16-cv-01078-PK
Document 1
Filed 06/14/16
Page 7 of 11
27.
Bullseye owed Ms. Silva a duty of care not to expose her to harm from the emissions
28.
Bullseye was negligent in one or more of the following particulars:
i)
10
11
ii)
12
13
iii)
Hiding from Plaintiffs and the public the fact that it was
14
15
16
environment;
17
iv)
18
19
20
21
v)
22
23
24
25
vi)
26
T HE SULLIVAN LAW FIRM
K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504
Case 3:16-cv-01078-PK
vii)
Document 1
Filed 06/14/16
Page 8 of 11
unsafe levels.
6
7
29.
As a direct and proximate result of this negligence, Plaintiffs have suffered and will
8 suffer great physical, mental and nervous pain and suffering, including the cancer suffered
9 by Ms. Silva.
10
11
30.
As a direct and proximate result of this negligence, Plaintiffs have and will suffer
14
15
16
17
31.
Plaintiffs reallege and incorporate herein by reference paragraphs 1 through 19, 25
32.
As actual operators and managers of facilities causing contamination at the Bullseye
21 facility, Bullseye violated the provisions of ORS 468A.010 et seq., which provides that no
22 person may discharge or emit a noxious contaminant into the air in any manner which will
23 result in contamination, pollution or a nuisance. The statutes (or their predecessors) have
24 been operative since before Bullseye opened its facility.
25
33.
26
T HE SULLIVAN LAW FIRM
K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504
Case 3:16-cv-01078-PK
Document 1
Filed 06/14/16
Page 9 of 11
Bullseyes violation of ORS 468A.010 et seq., and the regulations adopted by DEQ
34.
These air quality statutes and regulations were intended to prevent this type of injury
5 to people, and Plaintiffs are members of the class of persons for whose protection these
6 environmental protection statutes were adopted. Plaintiffs have suffered individual harm
7 separate and apart from the public at large.
8
(Loss of Consortium)
10
11
35.
Plaintiffs reallege and incorporate herein by reference paragraphs 1 through 19, 25
36.
14
At all material times herein Plaintiffs were married and continue to be married.
15
37.
16
As a result of the wrongful and negligent acts of Bullseye, the Plaintiffs were caused
17 to suffer, and will continue to suffer in the future, loss of consortium, loss of society,
18 affection, assistance, and conjugal fellowship, all to the detriment of their marital
19 relationship.
20
21
22
23
38.
Plaintiff, Valerie Silva, realleges and incorporates herein by reference paragraphs 1
39.
26
T HE SULLIVAN LAW FIRM
K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504
Case 3:16-cv-01078-PK
Document 1
Filed 06/14/16
Page 10 of 11
40.
Bullseyes actions directly or indirectly caused a non-consensual, harmful or offensive
41.
Bullseyes conduct of knowingly emitting noxious contaminants in the location
8 proximate to Plaintiff Valerie Silvas workplace and where Bullseye knew persons such as
9 Plaintiff Valerie Silva would inhale or otherwise come into contact with said contaminants,
10 was careless, willful, wanton and violated Plaintiff Valerie Silvas right to be free from
11 Bullseyes misconduct, justifying an award of punitive damages.
12
13
42.
Plaintiffs reserve the right to add a request for punitive damages upon request to this
16
17
43.
Plaintiffs demand a jury for trial of all of their claims.
18
19
20
1.
21
2.
22
3.
23
4.
For such other and further relief as the Court deems fair and equitable.
24
25
26
T HE SULLIVAN LAW FIRM
K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504
Case 3:16-cv-01078-PK
Document 1
Filed 06/14/16
Page 11 of 11
2
THE SULLIVAN LAW FIRM
3
4
By:
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
T HE SULLIVAN LAW FIRM
K.SULLIVAN@SULLIVANLAWFIRM.ORG
701 FIFTH AVENUE, SUITE 4600
SEATTLE, WASHINGTON 98104
206.903.0504
Case 3:16-cv-01078-PK
Document 1-1
Filed 06/14/16
Page 1 of 10
EXHIBIT A
Case 3:16-cv-01078-PK
Document 1-1
STATES ENVIRONMENTAL
REGION
UNITED
1200
WA
PROTECTION AGENCY
900
Suite
98101-3140
JUL
Mr
Page 2 of 10
10
Avenue
Sixth
Seattle
Filed 06/14/16
LulO
AiR
Durrin
Eric
Controller
Glass
Bullseye
Company
21
3722 Southeast
Portland
Re
Oregon
of 40
Applicability
Dear
Mr
letter
is
Arsenic
Inorganic
in
Emissions
EPA
Oregon
manufacture
of colored
of furnaces
are
small furnaces
Out
of
to
too
as
Subpart
is
are
covered
elaborated
on
melt can
described
by e-mail dated
It
is
furnace exhaust
do
not
possible
It
meet
is
to
is
the
to
It
that
contains
request
and
added
stated
you
after
in
Companys
you use
that
You
state
they
you
ladle
glass
cooking
The
source
arsenic
term
furnace
outside
in
which
in
glass
dated
atmosphere
exhaust
defined
pot furnaces
Register
this
raw material
are
vessels
refractory
are in the
which
to
as
Pot furnaces
Federal
the
Glass
furnaces
uses commercial
one or more
in
located
less
melting The
rule
facility
Bullseye
tank
or
them
of the vessels
information
from
apparent
used
for
the
including
is
further
20 1983
July
no
Therefore
that
the glass
the
are
not
furnaces
pot
as
as
used
that
and
from
by Bullseye
term
and
to
diagrams
EPA
descriptions provided
melt to escape
furnaces
Pot Furnaces
photographs
photos diagrams
melting glass
from
material
of
the
Bullseye
is
below
CFR 61.160a
40
during
to
the
to
an
for
emissions
conclusion
definition
is
This
for
Standards
applies
glass
your
pot
into
Emphasis
proposed
further
is
In
as
arsenic
vessels
for
that
furnace
the
EPAs
at
art
2009
April
Emission
Subpart
applies
glass
dated
National
described
trioxide
openings
the
glass
2010
the
art
refer
stated
stoppers
Glass provided
Glass that
atmosphere
the
from
July
as
melting furnace
The
would emit no
Bullseye
Subpart
pot furnaces
to
preamble
escape
here
by Bullseye
is
glass
heating
the
that
colored
melting furnace
facility
of colored
pot furnaces
of arsenic
Subpart
each
with refractory
in
manufacture
which you
usage
apply
glass
melted by indirect
61
reported
do_ot
subpart
have
via
CFR
Glass Manufacturing
in
glass
submitted
or not 40
has determined
art
that
them Your
subpart applies
glass
request
from
melt glass
to
Applicability
and
to
Glass manufactures
Bullseye
variety
Manufacture
to
Subpart
of whether
Portland
is
61
Part
response
determination
applicability
This
CFR
Durrin
This
Glass
Avenue
97202
is
defined
the
furnace
Glas
at
for the
Pr/nt
with
the
the
Portland
purposes
on R9cy0194
of
Case 3:16-cv-01078-PK
40
CFR
Part
61
If
Region
you
Based on
Subpart
melting furnace
Bullseye
have
any
Document 1-1
Glass
further
is
the
use of commercial
40
to
subject
questions
Filed 06/14/16
CFR
or concerns
Toxics
at
206
Part
arsenic
61
as
Page 3 of 10
raw
material
in
glass
Subpart
please contact
Heather
Valdez of
the
553-6220
Sincerely
Nancy
Federal
cc
Kathy
Helm
and
Manager
Delegated
Amidon
Compliance
ODEQ
Printed
on Recycled
Paper
Case 3:16-cv-01078-PK
Document 1-1
Filed 06/14/16
Page 4 of 10
EXHIBIT B
Case 3:16-cv-01078-PK
Document 1-1
Filed 06/14/16
Page 5 of 10
Exposure Concentrations
~------
!Table 1: Air quality data in the air near Powell and SE 22nd Avenue in Portland - Source DEQ
Chromium Cobalt
jArsenic Selenium Cadmium ! Lead
Nickel
Manganese j Beryllium-!
I
I
f- _5-~~~o~~te __ ~~{6~- i~~f- j (ll~~2---Y~w9~t- J~~'1'fl-1Jll~[~l __ri~~!1YL _ing/:~ 5___ti11~~:---j
~::
3
195.4 ! 5.4 I 2.3
4
I 0.007 I
13.2
8.6
32.5 I
8
14.2
I q~ ]
2.2 I
1.4
I 0
16
I 18.3
0.03
0 -----!--------2.7
44.2
___ , - - 10.1
2.9
8.2
0.012
0.8
1.5
-0.008
8.3
4.4
7.6
7.4
8
16.7 I 2.9
12.3
13.1
0.008 i
6.5
---
13
11 .6
:so.7 --F~:~-~ 24:3_
~~ri
5.2
4.3
27.7
I
I
o
r o.013 ,
-0.8
23.5
0.029
1.1
_ 1012412015 I 439 .~ 1----~~---J___3.5 __ L~-48.1
7.1
-----
0.01
I 1012612015 l4a l
3.5
i 60.4 I 271 .1
67.3
1.9
7.2
132.9
21 .1
1__ 1012712015
24.4
o.8
15.9 1---1s.s r=:_Io. a _---L-_!_o.2 1 9.: !
6
10/29/2015
37.7
2.8
93.2 I 220 - --- 56.9
248.3 I 4 6
3.4
1013012015
38.5
o.4
97.3 r 136.5
41 .7 ! 124.4 I 1. 4
13.3
I
I 71 .5 I 0.9 1I 31 .7 44.3 I 29.4 I' 42.9 1I 5.~ I 18.6
Average
1
248.3 I
17
50.5
..
I 101 .1 I 271 .1
195.4
1~
I
I 0.062
-f
3.4
1
___________ ,_ ------------- --------------------t___
- -1 2!:.1
6
47.1
!
~ ~--+--~--~------------___,;-------<
1-- Max. Val. _
_ 439.5Q_
3.50 --L~-Q_~J_Q___[_ ?Z1_:!2-__ 195.40
248.30 -~_Q ----~Q:~g___ ___9Jl
Min. Val.
17.40
0.10
i 1.10 I 0.00
0.80
2.20 1 1.40
3.40
I 0.01
0.06 I
Range
422.1_q__
3.40 __j_100.0_Qj_ 271.10
194._Q_~ 246.10 ' 15.60
47.10
10/10/2015
~-!~~015 _
I lU/14/2015
10/15/2015
--10/17/2015
10/18/2015
I
10/20/2015
10/21/2015
II 10/23/2015
24.9
25.5
19
17.4
21
20.1
21.4
22.8
23.3
0.3
o.9
0.1
0.4
0.2
0.4
0.3
1.1
0.3
20.3
20.1
I 1.1
1.1
7. 7
6. 7
14.8
101.1
I
3
~~ --~-}~5.
---------- --~---
M;~~;em
Standard
4~2~
1~~;~~- 1~~~~
Confidence
Level (95.0%)
95% Upper
, Con. Limit AM
f 95% Lower
I
I
~~~~Limit~-1
Median
---~+ -]
fo6---r 27~.1
_J
1~~~6
I~
1~
63.86
0.48
135.4
1.4
7.7
24.40
0.4
0.55
18.09
39.99
26.03
I 31 .02
55.5
13.7
15.35
4.3
11.05
3.4
9.70
1~~do
25.4
11.9
10.15
0.0
Case 3:16-cv-01078-PK
Document 1-1
Filed 06/14/16
Page 6 of 10
EXHIBIT C
Case 3:16-cv-01078-PK
Document 1-1
Filed 06/14/16
Page 7 of 10
Table 2: Concentrations of Arsenic, Cadmium and Chromium found in the air in Portland Oregon
Compared to Regulatory Standards.
US EPA
(Air) RSL 1
ORDEQ
Ambient
Benchmark
OR DEQ Max.
Sampled
Concentration
ORDEQ
Average
Sampled
Concentration
Maximal
Exceedance of
the Oregon
DEQ
Regulatory
Level
Arsenic (g/m 3)
0.00065
0.0002 2
0.1011
0.0317
506x
156x
Cadmium (g/m 3)
0.0016
0.0006
0.1 954
0.0294
325x
122x
Chromium (VI)
0.000012
0.000083 3
0.4395
0.0715
5,295x
36,625x
(g/m3)
US EPA, "Residential Screening Levels, " 2015, United States Environmental Protection Agency.
Oregon DEQ, "Air quality data in the air near Powell and SE 22nd Ave in Portland," 2015. Oregon Department of Environmental Quality.
Oregon DEQ, "Meeting Summary, Meeting #7," 2005, Air Toxics Program, Air Toxics Science Advisory Committee. Also :
http://www.deq .state.or.us/aq/toxics/faq.htm
Case 3:16-cv-01078-PK
Document 1-1
Filed 06/14/16
Page 8 of 10
EXHIBIT D
Case 3:16-cv-01078-PK
Document 1-1
Filed 06/14/16
Page 9 of 10
u-
t;
f-
'-rl'tr,,rl
7.
z!
t1'
Bullseye Glass Co
:
=
t4
BFTOOKLYN
Case 3:16-cv-01078-PK
Document 1-1
Filed 06/14/16
=
z
U
LADD'5
ADDITION
tlJ
t-.
SOUTI-IEAST D
Page 10 of 10
Case 3:16-cv-01078-PK
Document 1-2
Filed 06/14/16
Page 1 of 1
JS 44 (Rev. 11/15)
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
Clark County
Kevin P. Sullivan
Sullivan Law Firm, 701 Fifth Avenue Suite 4600, Seattle, WA 98104
(206) 903-0504
U.S. Government
Plaintiff
u 3
Federal Question
(U.S. Government Not a Party)
u 2
U.S. Government
Defendant
u 4
Diversity
(Indicate Citizenship of Parties in Item III)
Multnomah County
Ivan Gold
Perkins Coie LLP, 1120 N.W. Couch St Fl. 10, Portland, OR 97209
(503) 727-2214
DEF
u 1
u 2
u 5
u 5
Citizen or Subject of a
Foreign Country
u 3
Foreign Nation
u 6
u 6
u
u
u
u
u
TORTS
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
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
u
u
u
u
u
u
u
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
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
u 365 Personal Injury Product Liability
u 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
u 463 Alien Detainee
u 510 Motions to Vacate
Sentence
u 530 General
u 535 Death Penalty
Other:
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
u 560 Civil Detainee Conditions of
Confinement
BANKRUPTCY
u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 840 Trademark
LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Management
Relations
u 740 Railway Labor Act
u 751 Family and Medical
Leave Act
u 790 Other Labor Litigation
u 791 Employee Retirement
Income Security Act
u
u
u
u
u
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
IMMIGRATION
u 462 Naturalization Application
u 465 Other Immigration
Actions
OTHER STATUTES
u 375 False Claims Act
u 376 Qui Tam (31 USC
3729(a))
u 400 State Reapportionment
u 410 Antitrust
u 430 Banks and Banking
u 450 Commerce
u 460 Deportation
u 470 Racketeer Influenced and
Corrupt Organizations
u 480 Consumer Credit
u 490 Cable/Sat TV
u 850 Securities/Commodities/
Exchange
u 890 Other Statutory Actions
u 891 Agricultural Acts
u 893 Environmental Matters
u 895 Freedom of Information
Act
u 896 Arbitration
u 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
u 950 Constitutionality of
State Statutes
u 2 Removed from
State Court
u 3
Remanded from
Appellate Court
u 4 Reinstated or
Reopened
u 5 Transferred from
Another District
u 6 Multidistrict
Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. 1332
DEMAND $
DOCKET NUMBER
06/10/2016
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
Case 3:16-cv-01078-PK
Document 1-3
Filed 06/14/16
Page 1 of 1
District
of Oregon
__________
District
of __________
VALERIE SILVA and RICHARD SILVA, a married
couple,
Plaintiff(s)
v.
BULLSEYE GLASS CO., an Oregon Corporation
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk