Case 5:18-cv-01227-F Document 1 Filed 12/17/18 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF OKLAHOMA

CENTURY, LLC, an Oklahoma limited )

liability company, )
)
Plaintiff, )
v. ) Civil Action No.: CIV-18-1227-F
)
EVERLAST SPORTS MFG. CORP., a ) JURY TRIAL DEMANDED
New York corporation, )
)
Defendant. )

COMPLAINT
FOR PATENT INFRINGEMENT

Plaintiff, Century, LLC (“Century”), by and through its undersigned attorneys,

brings this action against Everlast Sports Mfg. Corp. (“Everlast”) for patent infringement

of U.S. Patent Nos. D706,886 and 9,414,649 in violation of the patent laws of the United

States, 35 U.S.C. §§ 1 et seq.

PARTIES

1. Plaintiff Century, LLC is a limited liability company organized under the

laws of the State of Oklahoma and has its principal place of business at 1000 Century

Boulevard, Oklahoma, City, Oklahoma 73110.

2. Upon information and belief, Defendant Everlast Sports Mfg. Corp. is a

corporation organized under the laws of the State of New York and registered as a foreign

corporation in Missouri, with a principal place of business at 1900 Highway DD, Moberly,

Missouri 65270.
 Case 5:18-cv-01227-F Document 1 Filed 12/17/18 Page 2 of 6

JURISDICTION AND VENUE

3. This Court has jurisdiction over the subject matter of this Complaint pursuant

to 28 U.S.C. §§ 1331 and 1338(a).

4. This Court has personal jurisdiction over Defendant Everlast Sports Mfg.

Corp. because, among other things, it has physically conducted and continues to physically

conduct business throughout the State of Oklahoma and in this judicial district.

5. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b), 1391(c), and

1400(b).

BACKGROUND

6. On June 10, 2014, United States Patent No. D706,886 (“the ‘886 Patent”),

entitled “Multi Position Freestanding Training Bag,” was duly and legally issued by the

United States Patent and Trademark Office, a copy of which is attached hereto as Exhibit

A. The ‘886 Patent names Kurt Hafeken, Sr. and Jeffrey Woodson as its inventors and

Century, LLC as the applicant/assignee. Accordingly, Plaintiff Century, LLC may enforce

that patent.

8. On August 16, 2016, United States Patent No. 9,414,649 (“the ‘649 Patent”),

entitled “Progressive Compressive Zipper,” was duly and legally issued by the United

States Patent and Trademark Office, a copy of which is attached hereto as Exhibit B. The

‘649 Patent names Tibor Siklosi as its inventor and Century, LLC as the applicant/assignee.

Accordingly, Plaintiff Century, LLC may enforce that patent.

2
 Case 5:18-cv-01227-F Document 1 Filed 12/17/18 Page 3 of 6

9. On information and belief, Defendant Everlast sells training bags online

through Dick’s Sporting Goods as shown in an advertisement attached hereto as Exhibit

C.

10. The Everlast training bags infringe the claim of the ‘886 Patent.

11. The Everlast training bags infringe one or more claims of the ‘649 Patent.

12. Plaintiff Century has placed the required statutory notice under 35 U.S.C.

§287 on products and on literature describing its patents.

CAUSE OF ACTION: INFRINGEMENT OF THE ‘886 PATENT

13. Century repeats and realleges the allegations of paragraphs 1 through 12 as

though fully set forth herein.

14. The Everlast Axis Freestanding Heavy Bag shown in Exhibit C is

substantially similar to an ordinary observer to the design set forth in the ‘886 Patent.

15. Defendant Everlast has been and is directly infringing, actively inducing

others to infringe, and/or contributing to the infringement of the ‘886 Patent by making,

using, importing into the United States, offering for sale, selling, and/or otherwise

distributing training bags that are substantially similar to the design set forth in the ‘886

patent in violation of 35 U.S.C. §271.

16. Century has been and continues to be damaged by Defendant Everlast’s

infringement, and Century is entitled to recover damages adequate to compensate it for

Defendant’s infringement, which in no event can be less than a reasonably royalty.

17. Defendant Everlast’s infringement has been deliberate, willful, intentional,

and with full knowledge of the existence of the ‘886 Patent.

3
 Case 5:18-cv-01227-F Document 1 Filed 12/17/18 Page 4 of 6

18. Defendants Everlast’s infringement has caused and will continue to cause

Plaintiff Century irreparable injury, for which there is no adequate remedy at law, unless

and until Defendant is enjoined by this Court from continuing its infringement.

19. Century is entitled to injunctive relief and compensatory relief, including

attorneys’ fees and costs, as well as enhanced damages pursuant to 35 U.S.C. §§ 271, 281,

and 283-85.

CAUSE OF ACTION: INFRINGEMENT OF THE ‘649 PATENT

20. Century repeats and realleges the allegations of paragraphs 1 through 12 as

though fully set forth herein.

21. Defendant Everlast has been and is directly infringing, actively inducing

others to infringe, and/or contributing to the infringement of the ‘649 Patent by making,

using, importing into the United States, offering for sale, selling, and/or otherwise

distributing training bags as described in the ‘649 patent in violation of 35 U.S.C. §271.

22. Century has been and continues to be damaged by Defendant Everlast’s

infringement, and Century is entitled to recover damages adequate to compensate it for

Defendant’s infringement, which in no event can be less than a reasonably royalty.

23. Defendant Everlast’s infringement has been deliberate, willful, intentional,

and with full knowledge of the existence of the ‘649 Patent.

24. Defendants Everlast’s infringement has caused and will continue to cause

Plaintiff Century irreparable injury, for which there is no adequate remedy at law, unless

and until Defendant is enjoined by this Court from continuing its infringement.

4
 Case 5:18-cv-01227-F Document 1 Filed 12/17/18 Page 5 of 6

25. Century is entitled to injunctive relief and compensatory relief, including

attorneys’ fees and costs, as well as enhanced damages pursuant to 35 U.S.C. §§ 271, 281,

and 283-85.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Century, LLC respectfully requests that this Court enter

Judgment in favor of Plaintiff against the Defendant Everlast Sports Mfg. Corp. and grant

to Plaintiff all of the following relief:

A. Enter judgment that Defendant Everlast has infringed and is infringing the

‘886 Patent;

B. Enter judgment that Defendant Everlast has infringed and is infringing the

‘649 Patent;

C. Enter judgment that the aforementioned infringement by Defendant Everlast

has been and is willful;

D. Enter an order permanently enjoining Defendant Everlast and its officers,

agents, employees, and all others in active concert or participation with Defendant or any

of them from further infringing, whether directly or indirectly, the ‘886 Patent;

E. Enter an order permanently enjoining Defendant Everlast and its officers,

agents, employees, and all others in active concert or participation with Defendant or any

of them from further infringing, whether directly or indirectly, the ‘649 Patent;

F. Award Plaintiff its damages in an amount sufficient to compensate Plaintiff

for Defendant Everlast’s infringement of the ‘886 Patent and the ‘649 Patent, together with

pre-judgment and post-judgment interest and costs, pursuant to 35 U.S.C. §284, including

5
 Case 5:18-cv-01227-F Document 1 Filed 12/17/18 Page 6 of 6

Defendant Everlast’s total profit, pursuant to 35 U.S.C. §289;

G. Award enhanced damages to Plaintiff in an amount not less than three times

the compensatory damages awarded by this Court for Defendant Everlast’s willful

infringement of the ‘886 Patent and the ‘649 Patent, pursuant to 35 U.S.C. §284;

H. Declare this case to be “exceptional” under 35 U.S.C. §285, and award

Plaintiff its attorneys’ fees, expenses, and costs incurred in this action; and

I. Award Plaintiff such other and further relief as this Court deems just and

proper.

Respectfully submitted,

Date: December 17, 2018 s/Cassandra L. Wilkinson

Cassandra L. Wilkinson, OBA #20368
cwilkinson@hjkwlaw.com
Mark G. Kachigian, OBA # 4852
mkachigian@hjkwlaw.com
HEAD, JOHNSON, KACHIGIAN & WILKINSON, PC
228 West 17th Place
Tulsa, Oklahoma 74119
Telephone: (918) 587-2000
Facsimile: (918) 584-1718

Attorneys for Plaintiff

6
 Case 5:18-cv-01227-F Document 1-1 Filed 12/17/18 Page 1 of 8

USOOD706886S

(12) United States Design Patent (10) Patent No.: USD706,886 S

Hafeken, Sr. et al. (45) Date of Patent: Jun. 10, 2014
(54) MULTIPOSITION FREESTANDING 5.330.403 A * 7/1994 Kuo ................................ 482/83
TRAINING BAG 5,624,358 A * 4/1997 Hestillow ......................... 482/90
5,722,788 A * 3/1998 Bent et al. ......................... 404f6
(71) Applicant: Century, LLC, Oklahoma City, OK D409,670 S * 5/1999 Kuo ........ ... D21,662
(US) 6, 106,443 A 8/2000 Kuo ................................ 482/83
6,390,958 B1* 5/2002 Chu ................................ 482/90
(72) Inventors: Kurt Hafeken, Sr., Edmond, OK (US); D481,965 S * 1 1/2003 Feitetal ... D10/113.3
Jeffrey Woodson, Choctaw, OK (US) 6,893,384 B2 * 5/2005 Triani ............................. 482/83
7,063,648 B1* 6/2006 Brigham ......................... 482/83
(73) Assignee: Century, LLC, Oklahoma City, OK
(US) (Continued)
(**) Term: 14 Years FOREIGN PATENT DOCUMENTS
(21) Appl. No.: 29/445,259 JP 1160657 * 12/2002
(22) Filed: Feb. 8, 2013 Primary Examiner — Catherine Tuttle
(74) Attorney, Agent, or Firm — Head, Johnson &
Related U.S. Application Data Kachigian, P.C.
(63) Continuation of application No. 13/603,119, filed on
Sep. 4, 2012. (57) CLAIM
(51) LOC (10) Cl. ................................................ 21-02 hillists position freestanding train
(52) U.S. C. g bag,
USPC ......................................................... D21/787
(58) Field of Classification Search DESCRIPTION
USPC ........ D21/300, 302,306, 385, 386, 412, 418,
p25,575s,62622,623,637,658,
D21/662, 686, 688, 689, 692-695, 698, 699,
EEEN"
FIG. 2 is a front perspective view thereof; s
D21/787, 798; D20/10, 12, 16, 17, 19, 31, FIG. 3 is a back view thereof s
D20/32, 41; D25/42-44, 126-133;
FIG. 4 isv ac right side
- 0 car.
view thereof;
D10/46.1, 109.1, 109.2, 113.2, 113.3, FIG. 5 is a left side view thereof
D10/113.4, 114.1, 114.6; D6/315, 316,411, FIG. 6 is a top view thereof. shown on an enlarged scale
D6/415,455, 457, 495 498, 512, 518–523, relative to FIGS. 1–5; and s
D6/552; 482/83-90: 40/607.01-60704, FIG. 7 is a bottom view thereof shown on an enlarged scale
40/607.01-607.12, 607.1-607.12: relative to FIGS. 1-5 s
248/160, 910; 116/63 P - -- -
S lication file f let h hist The broken lines in FIGS. 1-5 are included for the purpose of
ee appl1cauon Ille Ior complete searcn n1Story. defining a portion of the multi position free standing bag that
(56) References Cited forms no part of the claimed design. The detail shown in
broken lines along the inner perimeter in FIG. 6 likewise
U.S. PATENT DOCUMENTS forms no part of the claimed design.
1,269,559 A * 6/1918 Fauver et al. ................. 473/441 1 Claim, 6 Drawing Sheets

5
Sz dey
w

Exhibit A-1
 Case 5:18-cv-01227-F Document 1-1 Filed 12/17/18 Page 2 of 8

USD706,886 S
Page 2

(56) References Cited 7,390,288 B2 * 6/2008 Giaquinta et al. .............. 482/85

7,651.447 B2 * 1/2010 Yang ............ ... 482/85
U.S. PATENT DOCUMENTS 7,704,194 B1 * 4/2010 Chen . ... 482/87
7.914.423 B1* 3/2011 Cogan ............................. 482/90
RE39,372 E * 1 1/2006 Kuo D21 787 2006, OO19803 A1 1, 2006 Giacquinta et al.
- 4 J. J. a WWW raw-w 2011/OO77134 A1 3/2011 Smith
7,150,700 B2 * 12/2006 MacKay et al. ................ 482/83 ck
7,297,092 B1 1 1/2007 Gaynor 2013,0109541 A1 5/2013 Fu et al. .......................... 482/90
7,357,760 B1 4/2008 Rios * cited by examiner

Exhibit A-2
 Case 5:18-cv-01227-F Document 1-1 Filed 12/17/18 Page 3 of 8

U.S. Patent Jun. 10, 2014 Sheet 1 of 6 USD706,886S

Exhibit A-3
 Case 5:18-cv-01227-F Document 1-1 Filed 12/17/18 Page 4 of 8

U.S. Patent Jun. 10, 2014 Sheet 2 of 6 USD706,886S

Exhibit A-4
 Case 5:18-cv-01227-F Document 1-1 Filed 12/17/18 Page 5 of 8

U.S. Patent Jun. 10, 2014 Sheet 3 of 6 USD706,886S

Exhibit A-5
 Case 5:18-cv-01227-F Document 1-1 Filed 12/17/18 Page 6 of 8

U.S. Patent Jun. 10, 2014 Sheet 4 of 6 USD706,886S

Exhibit A-6
 Case 5:18-cv-01227-F Document 1-1 Filed 12/17/18 Page 7 of 8

U.S. Patent Jun. 10, 2014 Sheet 5 of 6 USD706,886S

Exhibit A-7
 Case 5:18-cv-01227-F Document 1-1 Filed 12/17/18 Page 8 of 8

U.S. Patent Jun. 10, 2014 Sheet 6 of 6 USD706,886S

Exhibit A-8
Case 5:18-cv-01227-F Document 1-2 Filed 12/17/18 Page 1 of 8

Exhibit B-1
Case 5:18-cv-01227-F Document 1-2 Filed 12/17/18 Page 2 of 8

Exhibit B-2
Case 5:18-cv-01227-F Document 1-2 Filed 12/17/18 Page 3 of 8

Exhibit B-3
Case 5:18-cv-01227-F Document 1-2 Filed 12/17/18 Page 4 of 8

Exhibit B-4
Case 5:18-cv-01227-F Document 1-2 Filed 12/17/18 Page 5 of 8

Exhibit B-5
Case 5:18-cv-01227-F Document 1-2 Filed 12/17/18 Page 6 of 8

Exhibit B-6
Case 5:18-cv-01227-F Document 1-2 Filed 12/17/18 Page 7 of 8

Exhibit B-7
Case 5:18-cv-01227-F Document 1-2 Filed 12/17/18 Page 8 of 8

Exhibit B-8
 Case 5:18-cv-01227-F Document 1-3 Filed 12/17/18 Page 1 of 2
Everlast Axis Freestanding Heavy Bag | DICK'S Sporting Goods Page 1 of 2

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Product Information: Pro Tips

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Additional Details
Everlast Nevatear 40 lb.
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Height (approx.) 63 inches
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Exhibit C-1
 Case 5:18-cv-01227-F Document 1-3 Filed 12/17/18 Page 2 of 2
Everlast Axis Freestanding Heavy Bag | DICK'S Sporting Goods Page 2 of 2

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Exhibit C-2
 Case 5:18-cv-01227-F Document 1-4 Filed 12/17/18 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

CENTURY, LLC EVERLAST SPORTS MFG. CORP.

(b) County of Residence of First Listed Plaintiff Oklahoma County of Residence of First Listed Defendant New York County, NY
(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)
Head, Johnson, Kachigian & Wilkinson, PC
228 West 17th Place
Tulsa, Oklahoma 74119

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)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 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
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. §271
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
12/17/2018 s/Cassandra L. Wilkinson
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 06/17) Case 5:18-cv-01227-F Document 1-4 Filed 12/17/18 Page 2 of 2
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.Cv.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; NOTE: 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 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.