Case 1:11-cv-00116-JRH -WLB Document 1

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION ILLINOIS UNION INSURANCE COMPANY, as subrogree of Charles and Mary Veazey, Plaintiff, vs. FRANK OVERTON d/b/a B & K PAINTING, Defendant COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Plaintiff Illinois Union Insurance Company, as subrogree of Charles and Mary Veazey, sues defendant Frank Overton d/b/a B & K Painting, alleging the following: CERTIFICATE OF INTERESTED PARTIES 1. The undersigned, counsel of record for, certifies that the following is a CIVIL ACTION FILE

full and complete list of the parties in this action: Name Identification & Relationship Illinois Union Insurance Company, as subrogee of Charles and Mary Veazey, Plaintiff; and Frank Overton d/b/a B&K Painting, Defendant.

ATLANTA\203892\1

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2.

The undersigned further certifies that, to the best of its knowledge, the

following is a full and complete list of officers, directors, or trustees of the aboveidentified parties: Name Identification & Relationship
For Plaintiff:

Evan G. Greenberg, Chairman, President & CEO Brian E. Dowd, Vice Chairman & Chairman-Insurance-North America John W. Keogh, CEO, Vice Chairman & Chairman-ACE Overseas Philip V. Bancroft, CFO Ken Koreyva, Treasurer Julie Schaekel, Chief Auditor Evan G. Greenberg, Member Michael G. Atieh, Member Mary A. Cirillo-Goldberg, Member Michael P. Connors, Member Bruce L. Crockett, Member Robert M. Hernandez, Member John A. Krol, Member Peter Menikoff, Member Leo F. Mullin, Member

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Thomas J. Neff, Member Robert Ripp Audit, Member Eugene B. Shanks, Jr., Member Theodore E. Shasta, Member Olivier Steimer, Member
For Defendant:

Frank Overton, Owner 3. The undersigned further certifies that, to the best of its knowledge, the following is a full and complete list of other persons, firms, partnerships, corporations, or organizations that have a financial interest in, or another interest which could be substantially affected by, the outcome of this case (including a relationship as a parent or holding company or similar relationship): Name Identification, Relationship & Interests Illinois Union Insurance Company (Chicago, IL) ACE Limited (Zurich, Switzerland) ACE Group Management & Holdings Ltd. (Hamilton, Bermuda) ACE Tempest Re Group (Hamilton, Bermuda) ACE Tempest Life Reinsurance Limited (Hamilton, Bermuda) ACE Tempest Reinsurance Ltd. (Hamilton, Bermuda) ACE Tempest Reinsurance USA, LLC (Stamford, CT)

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ACE Tempest Life Re USA (Stamford, CT) ACE Tempest RE Canada (Montreal, Canada) ACE Tempest Re Europe (London, United Kingdom) ACE Bermuda Insurance Ltd. (Hamilton, Bermuda) ACE Financial Solutions International Ltd. (Hamilton, Bermuda) Sovereign Risk Insurance Ltd. (Hamilton, Bermuda) ACE Overseas General (New York, NY) ACE Latin America (Miami, FL) ACE Asia Pacific (Singapore, Singapore) ACE Insurance Limited (Singapore, Singapore) ACE Insurance Japan (Tokyo, Japan) ACE Insurance Limited (Sydney, Australia) ACE Insurance Limited (Auckland, New Zealand) ACE Synergy Insurance Berhad (Kuala Lumpur, Malaysia) ACE European Group Limited (London, United Kingdom) ACE Global Markets Limited (London, United Kingdom) ACE Underwriting Agencies Limited (London, United Kingdom) ACE Europe UK (London, United Kingdom) ACE European Group Ltd. - Ireland (Dublin, Ireland) ACE European Group Ltd. - Spain (Madrid, Spain)

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ACE INA Holdings, Inc. (Philadelphia, PA) Combined Insurance Company of America (Glenview, IL) Combined Insurance Company of America - Chicago (Chicago, IL) Combined Life Insurance Company of New York (Latham, NY) Combined Insurance Company of America - Canada (Markham, Canada) Combined Insurance Company of Europe Limited (Dublin, Ireland) Combined Insurance Company of New Zealand (Auckland, New Zealand) Combined Insurance (Thailand) Ltd. (Bangkok, Thailand) Combined International Services Limited (Kingston upon Thames, UK) Combined Life Insurance Company of Australia (Sydney, Australia) ESIS, Inc. (Philadelphia, PA) ACE USA - Mid-Atlantic Region (Philadelphia, PA) ACE USA - New York Region (New York, NY) ACE USA - Southeast Region (Roswell, GA) ACE INA Insurance (Toronto, Canada) Rain & Hail LLC (Johnston, IA) Westchester Fire Insurance Company (Roswell, GA)

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THE PARTIES

4.

Plaintiff Illinois Union Insurance Company (Illinois Union) is a

corporation organized and existing under the laws of the State of Illinois with its principal place of business at 525 W. Monroe Street, Suite 400, Chicago, IL 60661. 5. At all times relevant to this complaint, Illinois Union provided

property insurance coverage to Charles and Mary Veazey, husband and wife, under a homeowners insurance policy bearing policy number 500-00-02-95H. This insurance policy insured Mr. and Mrs. Veazey s home and personal property at 708 Milledge Road, Augusta, Georgia. 6. Defendant Frank Overton d/b/a B & K Painting (B & K Painting) is

an adult individual and citizen of Georgia who operates an unincorporated business or sole proprietorship known as B & K Painting. B & K Painting may be served with process by perfecting service on Frank Overton at 6470 Washington Road, Appling, GA 30802. 7. At all times relevant to this complaint, B & K Painting was engaged in

the business of providing painting and staining services at residential properties in Georgia.
JURISDICTION AND VENUE

8.

This court has jurisdiction over this suit pursuant to 28 U.S.C.

1332(a)(1), because there is complete diversity of citizenship between plaintiff

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and defendant and the amount in controversy exceeds the sum of $75,000.00, exclusive of interest and costs. 9. Venue is proper in this Court pursuant to 28 U.S.C. 1391(a),

because a substantial part of the events or omissions giving rise to the claim occurred in this judicial district, and the property at issue is situated in this district and division.
ALLEGATION OF FACTS

10.

Prior to June 7, 2010, Defendant B & K Painting was hired to paint

and stain various interior wood surfaces in Mr. and Mrs. Veazey s home at 708 Milledge Road, Augusta, Georgia as part of certain renovations that were being done in the home. 11. B & K Painting agreed to perform the painting and staining services in

a safe, skillful, careful, and good and workmanlike manner. 12. On June 7, 2010, B & K Painting was present and working inside Mr.

and Mrs. Veazey s home. 13. The work that was performed in the home by B & K Painting on June

7, 2010 included staining the walls and trim in the bonus room (den) of Mr. and Mrs. Veazey s home. 14. The stain that was used by B & K Painting is prone to self-heating and

spontaneous combustion, particularly if the stain is not properly used or discarded.

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15.

B & K Painting used cotton rags to wipe the stain on the walls and

trim in the bonus room of Mr. and Mrs. Veazey s home. 16. B & K Painting also used cotton drop cloths to protect the floor while

applying the stain on the walls and trim in the bonus room of Mr. and Mrs. Veazey s home. 17. The cotton material used by B & K Painting, particularly the rags,

became soaked with the stain that was being applied by B & K Painting in the bonus room. 18. To avoid self-heating and spontaneous combustion of such stain-

soaked cotton material, it is necessary to dispose of the stain-soaked material in a safe manner, such as by placing it in a closed metal container or a closed metal container filled with water. 19. Indeed, the manufacturers of stains similar to that used by B & K

Painting contain warnings on their stain products specifically warning that stainsoaked rags and cotton materials must be discarded in a safe manner, such as by placing them in a closed metal container or a closed metal container filled with water. 20. The employees of B & K who were doing the staining left Mr. and

Mrs. Veazeys home around 4:25-4:30 p.m. on June 7, 2010.

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21.

Before leaving Mr. and Mrs. Veazeys home on June 7, 2010, the

employees of B & K Painting rolled up the drop clothes and put them in a corner of the bonus room in Mr. and Mrs. Veazey s home. The employees of B & K Painting also put their stain-soaked rags in the same corner with the drop cloths. 22. In fact, the employees of B & K Painting gave signed statements to

the Augusta Fire Department admitting that they had placed the stain-soaked rags on top of the drop cloths before leaving the home on June 7, 2010. 23. The employees of B & K Painting did not dispose of the stain-soaked

rags or the drop cloths in a closed metal container or a container filled with water; rather, they left the used rags and drop cloths rolled up in the corner of the bonus room in Mr. and Mrs. Veazey s home. 24. B & K Painting did not remove or properly discard the stain-soaked

rags or drop cloths, even though B & K Painting knew or should have known that the stain-soaked rags and drop clothes were prone to self-heating and spontaneous combustion given the manner in which they had been discarded in the bonus room. 25. At about 8:00 pm on June 7, 2010, approximately 3 to 4 hours after

B & K Painting had left Mr. and Mrs. Veazey s home, a fire developed in the corner of the bonus room where B & K Painting had discarded the stain-soaked rags and cotton drop cloths they had been using earlier in the day.

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26.

When the fire started, Mr. and Mrs. Veazey s alarm system properly

detected the fire and transmitted an alarm signal to their alarm monitoring company. 27. The alarm monitoring company promptly reported the alarm to the

local authorities. 28. Although the fire department timely responded to the fire alarm, the

fire spread from its point of origin in the corner of the bonus room, causing substantial damage to Mr. and Mrs. Veazey s home and personal property. 29. The fire caused Mr. and Mrs. Veazey to suffer damages in excess of

$522,912.00. 30. Mr. and Mrs. Veazey submitted a claim to their homeowners insurer,

Illinois Union, seeking reimbursement for the fire damages under their insurance policy bearing policy number 500-00-02-95H. 31. Pursuant to the terms and conditions of the insurance policy, Illinois

Union paid Mr. and Mrs. Veazey $522,912.86 for the damages caused by the fire, and Illinois Union may make additional insurance payments to reimburse Mr. and Mrs. Veazey for their losses. 32. By virtue of and to the extent of its payments under the insurance

policy, Illinois Union is contractually and equitably subrogated to Mr. and Mrs.

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Veazey s rights and causes of action against the parties responsible for the fire and resulting damages.
INVESTIGATION INTO THE FIRE

33.

The Augusta Fire Department investigated the fire and prepared a

report, finding that the fire started as a result of a pile of chemical soaked rags igniting the room where B & K Painting had improperly discarded the stainsoaked rags and drop cloths. 34. of the fire. 35. These experts included Tom Rodgers, a certified fire investigator; Plaintiff also retained three experts to investigate the origin and cause

Perry Hopkins, a licensed electrical engineer; and Dr. Craig Beyler, a Ph.D. in Engineering Sciences from Harvard University with specialized expertise in spontaneous combustion. 36. Mr. Rogers personally examined the fire scene and determined that

the fire originated in the corner of the bonus room where B & K Painting had improperly discarded the stain-soaked rags and cotton drop cloths. Mr. Rogers further concluded that the fire was ignited and caused by self heating and spontaneous ignition of the stain-soaked rags that were improperly discarded by B & K Painting.

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37.

Mr. Hopkins personally examined the fire scene and all the potential

electrical sources of ignition in the area of fire origin. Mr. Hopkin s eliminated all potential electrical sources of ignition as the cause of the fire and concluded the fire was not electrical in nature, leaving only the stain-soaked rags and drop cloths as the competent ignition source in the area of fire origin. 38. Dr. Beyler also performed tests on the stain that was used by B & K

Painting on the day of the fire and found that the stain contained linseed oil, a substance that is well known to be susceptible to self heating. Indeed, Dr, Beyler s tests showed that that the stain used by B & K Painting contained high quantities of Linolenic acid, the most dangerous component of linseed oil, that was well in excess of commercial stains containing 40-50% linseed oil. Based on the evidence and his own analysis, Dr. Beyler confirmed that the fire was started by self heating of the stain impregnated rags that had been improperly discarded by B & K Painting. 39. Both the investigation conducted by the Augusta Fire Department and

plaintiffs own experts has plainly shown that B & K Painting is liable for the damages suffered by Illinois Union and its insureds because B & K Paintings employees improperly discarded the stain-soaked rags/materials in an unsafe, improper, and negligent manner.

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40.

Accordingly, Illinois Union, as subrogee of Mr. and Mrs. Veazey, is

entitled to recover from B & K Painting the damages suffered by Mr. and Mrs. Veazey and paid for under the homeowners' insurance policy.
COUNT I NEGLIGENCE AGAINST B & K PAINTING

41.

Plaintiff incorporates by reference the allegations set forth in

paragraphs 1 through 37 of this complaint as if fully set forth at length herein. 42. B & K Painting owed Mr. and Mrs. Veazey a duty to use reasonable

care in staining and otherwise working in the house so as to avoid subjecting Mr. and Mrs. Veazey and their property to an unreasonable risk of harm. 43. B & K Painting breached its duty of care by engaging in careless and

negligent conduct which included, without limitation, one or more of the following negligent acts of commission and/or omission:
A Failing to use reasonable care in discarding and/or disposing of the

stain-soaked rags and cotton drop cloths in the bonus room of Mr. and Mrs. Veazeys home, when B & K Painting knew or should have known that such stain-soaked materials were prone to self-heating and spontaneous combustion if not discarded in a safe manner, such as in a closed metal container or a closed container filled with water;
B.

Failing to properly ensure that Mr. and Mrs. Veazey s home was free of fire hazard before leaving the home on the day of the fire;

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C.

Failing to properly train and educate its employees about the dangers of self-heating and spontaneous ignition posed by the improper disposal of stain-soaked rags/materials;

D.

Failing to properly supervise its employees in performing the staining work in Mr. and Mrs. Veazey s home;

^.

Failing to perform their work in a safe, skillful, careful, and good and workmanlike manner;

Failing to warn Mr. and Mrs. Veazey about the danger and fire hazard posed by the improperly discarded stain-soaked rags/materials;

G.

Other negligent acts and/ or omissions as discovery may reveal.

44. As a direct, proximate, and foreseeable result of B & K Paintings breach of duty and negligence, Illinois Union and its insureds suffered damages in excess of $522,912.00, the reasonable exact amount of which will be proven at trial.
WHEREFORE, plaintiff demands judgment in its favor and against B & K

Painting in an amount in excess of $522,912.00, plus interest, costs, and any all further relief this court deems just and proper under the circumstances.

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COUNT II PUNITIVE DAMAGES AGAINST B & K PAINTING FOR WILLFUL, WANTON, AND CONSCIOUS INDIFFERENCE TO THE CONSEQUENCES OF ITS ACTIONS 45. Plaintiff incorporates by reference the allegations set forth in

paragraphs 1 through 37 of this complaint as if fully set forth at length herein. 46. B & K Painting is purportedly an experienced professional painting

and staining contractor who knows how stain-soaked rags and other stain-soaked materials should be properly and safely discarded, particularly given the types of warnings manufacturers place on their stain products. 47. By deliberately discarding the stain-soaked rags and cotton drop

cloths in an unsafe, dangerous, and improper manner, there is clear and convincing evidence to show that B & K Painting acted willfully, wantonly, and with an entire want of care raising a presumption of conscious indifference to the consequences of its actions. 48. As a direct and proximate result of B & K Paintings willful

misconduct, wantonness, and entire want of care, plaintiff is entitled to recover punitive damages from B & K Painting pursuant to O.G.C.A. 51-12-5. 1(b). WHEREFORE, Plaintiff demands that it receive an award of punitive damages from B & K Painting, including their compensatory damages in an

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amount in excess of $522,912.00, plus interest, the costs of this action, and any and all further relief which this Court deems just and proper under the circumstances COUNT III ATTORNEYS FEES AND LITIGATION EXPENSES AGAINST B & K PAINTING 49. Plaintiff incorporates by reference the allegations set forth in

paragraphs 1 through 37 of this complaint as if fully set forth at length herein. 50. B & K Painting has acted in bad faith, has been stubbornly litigious

and has caused plaintiff unnecessary trouble and expense, because it has refused to settle this case where all the evidence clearly shows that B & K Painting is liable for the fire and all resulting damages suffered by plaintiff and its insureds. 51. B & K Painting has further acted in bad faith and has been stubbornly

litigious by failing to provide plaintiff with any evidence to show that it is not liable for the fire and resulting damages. 52. Such bad faith, stubborn litigiousness, and wrongful acts in causing

plaintiff unnecessary trouble and expense entitles plaintiff to recover under O.C.G.A. 13-6-11 its litigation expenses and attorneys fees incurred in this action. Plaintiffs lead counsels hourly fees are $450.00 per hour. 53. As a direct and proximate result of B & K Paintings bad faith,

stubborn litigiousness, and wrongful acts in causing plaintiff unnecessary trouble and expense, plaintiff is entitled to recover its attorneys fees and litigation expenses from B & K Painting pursuant to O.C.G.A. 13-6-11. - 16 -

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WHEREFORE, Plaintiff demands that it receive an award of attorneys

fees and litigation expenses from B & K Painting, including its compensatory damages in excess of $522,912.00, plus interest, costs, and any all further relief this court deems just and proper under the circumstances. Submitted this 4th day of August, 2011. /s/ Albert G. Dugan Albert G. Dugan Georgia Bar No. 232122 Attorney for Plaintiff COZEN OCONNOR SunTrust Plaza, Suite 2200 303 Peachtree Street, N.E. Atlanta, Georgia 30308 Telephone: (404) 572-2000 Facsimile: (404) 572-2199

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Case 1:11-cv-00116-JRH -WLB Document 1-1

! JS 44 (Rev. 12/07)

Filed 08/04/11 Page 1 of 2

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 THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS ILLINOIS UNION INSURANCE COMPANY, as subrogee of Charles and Mary Veazey (b) County of Residence of First Listed Plaintiff Cook
(EXCEPT IN U.S. PLAINTIFF CASES)

DEFENDANTS FRANK OVERTON D/B/A B&K PAINTING

County of Residence of First Listed Defendant

Columbia

(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Albert G. Dugan, Jr., Cozen O'Connor, SunTrust Plaza, Suite 2200 303 Peachtree Street, NE, Atlanta, GA 30308, (404) 572-2000 II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
I 1 U.S. Government
Plaintiff

I 3 Federal Question
(U.S. Government Not a Party)

(For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF Citizen of This State I 1 Incorporated or Principal Place I 4 I 4 I 1 of Business In This State Citizen of Another State Citizen or Subject of a

I 2 U.S. Government
Defendant

I 4 Diversity
(Indicate Citizenship of Parties in Item III)

I 2 I 3

I 2 Incorporated and Principal Place

of Business In Another State

I 5 I 5 I 6 I 6

I 3 Foreign Nation

I 110 Insurance I 120 Marine I 130 Miller Act I 140 Negotiable Instrument I 150 Recovery of Overpayment
& Enforcement of Judgmen

I 151 Medicare Act I 152 Recovery of Defaulted

Student Loans (Excl. Veterans) I 153 Recovery of Overpayment of Veterans Benefits I 160 Stockholders Suits I 190 Other Contract I 195 Contract Product Liability I 196 Franchise REAL PROPERTY I 210 Land Condemnation I 220 Foreclosure I 230 Rent Lease & Ejectment I 240 Torts to Land I 245 Tort Product Liability I 290 All Other Real Property

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

PERSONAL INJURY

I 362 Personal Injury Med. Malpractice

I 610 Agriculture I 620 Other Food & Drug I 625 Drug Related Seizure
of Property 21 USC 881

422 Appeal 28 USC 158 423 Withdrawal 28 USC 157

I 365 Personal Injury Product Liability I 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY I 370 Other Fraud I 371 Truth in Lending I 380 Other Personal Property Damage I 385 Property Damage Product Liability

I 630 Liquor Laws I 640 R.R. & Truck I 650 Airline Regs. I 660 Occupational
Safety/Health I 690 Other

820 Copyrights 830 Patent 840 Trademark

I I I I I I I I I I I I I I I I I I

I 710 Fair Labor Standards I I I I I

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

441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights

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

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 IRSThird Party 26 USC 7609

I 463 Habeas Corpus Alien Detainee

I 465 Other Immigration

Actions

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

V. ORIGIN
I 1 Original Proceeding

(Place an X in One Box Only)

I 2 Removed from
State Court

I 3 Remanded from
Appellate Court

I 4 Reinstated or I 5 Transferred from another district Reopened

Cite the U.S. Civil Statute under which you are filing (Do not c

VI. CAUSE OF ACTION

es are citizens o

Appeal to District 6 Multidistrict I 7Judge from Magistrate Litigation (specify)Judgment risditctional statutes unless diversity):

states.

Plaintiff asserts that defendant caused a fire in its insured's home due to ent workmanship. CHECK YES only if demanded in complaint: DEMAND $ VII. REQUESTED IN ICHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 if Yes I No JURY DEMAND: COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE DOCKET NUMBER IF ANY
DATE SIGNATURE OF ATTORNEY OF RECORD

Brief description of cause:

FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 12/07)

Filed 08/04/11 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.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. Origin. Place an X in one of the seven boxes. V. 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 judges 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.