Case 3:20-cv-03344 Document 1 Filed 05/16/20 Page 1 of 8

1 STEPHEN MICHAEL LOBBIN (Cal. Bar No. 181195)

smlavvocati.com
2 SML AVVOCATI P.C.
888 Prospect St, Ste 200
3 La Jolla, CA 92037-4261
Tel: (949) 636-1391
4
CHRISTOPHER M. JOE (To be Admitted PHV)
5 [email protected]
BUETHER JOE & CARPENTER, LLC
6 1700 Pacific, Suite 4750
Dallas, TX 75201
7 Tel: (214) 466-1270
8 Fax: (214) 635-1842

9 Attorneys for Plaintiff

Jorno, LLC
10
11 UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
12 SAN FRANCISCO DIVISION

13
14 JORNO, LLC,
Case No. 3:20-cv-03344
15
Plaintiff, COMPLAINT FOR PATENT
16 INFRINGEMENT
v.
17 JURY TRIAL DEMAND
NEWEGG, INC.,
18
Defendant.
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28

1
COMPLAINT FOR PATENT INFRINGEMENT
 Case 3:20-cv-03344 Document 1 Filed 05/16/20 Page 2 of 8

1 This is a civil action for patent infringement based on the patent laws of the United
2 States, 35 U.S.C. § 1 et seq. in which Plaintiff Jorno, LLC complains against Defendant
3 Newegg, Inc., all upon information and belief, as follows:
4 A. THE PARTIES
5 1. Plaintiff Jorno, LLC (“Plaintiff” or “Jorno”) is a Wyoming limited liability
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company having its principal place of business in New York, New York.
7
2. On information and belief Defendant Newegg, Inc. (“Defendant” or “Newegg”)
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is a corporation organized under the laws of Delaware.
9
3. On information and belief Defendant Newegg is headquartered in City of
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Industry, California.
11
4. On information and belief Defendant Newegg has a principal place of business
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at 17560 Rowland St. City of Industry, CA 91748 and has distribution facilities located
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throughout the United States.
14
15 B. JURISDICTION AND VENUE

16 5. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

17 1338(a).

18 6. This Court has general and specific personal jurisdiction over Defendant

19 inasmuch as the Defendant resides in this judicial district and by virtue of the Defendant’s
20 continuous and systematic business activities in this State, directly or through intermediaries,
21 which activities give rise to at least a portion of the infringements alleged herein and include:
22 (i) making, using, offering for sale and/or selling the below identified infringing apparatus in
23 this State, and/or importing the below identified infringing products into this State;
24 (ii) purposefully and voluntarily placing the below identified infringing apparatus into the
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stream of commerce with the expectation that they will be purchased by consumers in this
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State; and/or (iii) deriving substantial revenue from the below identified infringing products
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provided to individuals in this State.
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2
COMPLAINT FOR PATENT INFRINGEMENT
 Case 3:20-cv-03344 Document 1 Filed 05/16/20 Page 3 of 8

1 7. Venue is proper in this Judicial District as to Defendant under 28 U.S.C.

2 §§ 1391(b) and (c) and 1400(b) inasmuch as the Defendant resides in this judicial district and
3 by virtue of Defendant’s continuous and systematic business activities in this Judicial District,
4 directly or through intermediaries, which activities give rise to at least a portion of the
5 infringements alleged herein and include: (i) making, using, offering for sale and/or selling the
6
below identified infringing apparatus in this Judicial District, and/or importing the below
7
identified infringing products into this Judicial District; (ii) purposefully and voluntarily
8
placing the below identified infringing products into the stream of commerce with the
9
expectation that they will be purchased by consumers in this Judicial District; and/or
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(iii) deriving substantial revenue from the below identified infringing products provided to
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individuals in this Judicial District.
12
THE PATENT
13
8. On January 3, 2017, the United States Patent and Trademark Office duly and
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legally issued Unites States Patent No. D775,630 (the ’630 Patent) entitled “Keyboard” which
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protects Jorno’s novel folding keyboard design. A true and correct copy of the ’630 Patent is
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attached as Exhibit A.
17
18 9. Jorno LLC has been duly assigned and owns all rights, title, and interest in and

19 to the ’630 Patent and has the exclusive right to sue and recover for past, present, and future

20 infringement.

21 C. ACCUSED DEVICES

22 10. The infringing devices include folding keyboards that Defendant sells and/or
23 offers for sale (e.g., on its website newegg.com) whose design is substantially similar to
24 Plaintiff’s patented keyboard design (the ’630 Patent). These keyboards each bear such a
25 striking similarity that it would be absolutely clear to an ordinary observer that the accused
26 devices were made with the intent to simply copy Plaintiff’s protected design and would be
27 deceptively similar to a normal observer. The specific accused devices provided below are
28

3
COMPLAINT FOR PATENT INFRINGEMENT
 Case 3:20-cv-03344 Document 1 Filed 05/16/20 Page 4 of 8

1 identified by Newegg’s Item Number and by a short textual description. The specific devices,
2 Item Numbers, etc. listed is not an exhaustive list and the devices accused are not so limited.
3 11. On its website, Defendant offers for sale accused devices providing, among
4 other things, a textual and pictorial description of the accused keyboard, the price to purchase
5 the device, the option to add to a virtual shopping cart, an estimated time of delivery, and a
6
date indicating when the item was first available for sale.
7
12. According to its website, Newegg has offered at least some accused products
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since August 22, 2016.
9
13. For example, on information and belief Defendant sells and offers for sale the
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following infringing devices:
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• Aluratek – “Universal Ultra-Slim Portable Tri-Fold Bluetooth V3.0 Keyboard,” Model:
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ABLKO4F, Item No. Item#: 0GA-00A3-00009;
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• Dealilly – “Bluetooth Keyboard,” Item#: 9SIAMTFB6Y8033;
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15 • Dealilly – “Folding Bluetooth Keyboard,” Item#: 9SIAMTFB6Z7724;

16 • Haohang Electronics – “V-088 Three Fold Wireless Bluetooth Keyboard,” Model: V-088,

17 Item#: 9SIAG827FR5849;

18 • HaoYiShang - “Universal Foldable Keyboard,” Item#: 9SIAAZM5C85180;

19 • JETech / CHICO Controls – “Dealzone Wireless Bluetooth Keyboard,” Model: Foldable

20 Bluetooth Keyboard, Item#: 9SIAG277323109;
21 • LESIRI – “Intelligent Pocket Folding,” Item#: 9SIAEF88331616;
22 • Luxaim/ Arteck – “Folding Bluetooth Keyboard, Arteck Portable Mini Foldable Wireless
23 Keyboard,” Item#: 9SIAJXBB4J8368;
24 • Shenzhen Tianxunda Technology Co., Ltd - “Travel Metal Folding Bluetooth 3.0 Keyboard
25
BOW Portable Tablet Bluetooth Keyboard,” Item#: 9SIAMCAAAR0143;
26
• Shenzhen Tianxunda Technology Co., Ltd - “Travel Metal Folding Bluetooth 3.0 Keyboard
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BOW Portable Tablet Bluetooth Keyboard,” Item#: 9SIAMCAAAR0149;
28

4
COMPLAINT FOR PATENT INFRINGEMENT
 Case 3:20-cv-03344 Document 1 Filed 05/16/20 Page 5 of 8

1 D. COUNT I
2 PATENT INFRINGEMENT
3 14. The prior paragraphs of this Complaint are incorporated by reference as though
4 fully set forth herein.
5 15. Defendant has been and now is directly infringing the ’630 Patent in the United
6 States by, among other things, selling or exposing for sale keyboards to which such design or
7 colorable imitation has been applied making, using, offering for sale, selling, and/or importing
8
within this judicial district and elsewhere in the United States, without license or authority,
9
keyboards that incorporate the patented features of the ’630 Patent in violation of
10
35 U.S.C. §271.
11
16. The filing of this Complaint constitutes notice in accordance with
12
35 U.S.C. § 287. Despite such notice, upon information and belief, the Defendant continues to
13
import into, market, offer for sale and/or sell in the United States keyboards that infringe the
14
’630 Patent.
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17. As a direct result of Defendant’s unlicensed infringement, Plaintiff has been
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irreparably harmed due to loss of sales and/or loss of market share.
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18 18. Due at least to the significant disparity in hardships between the parties,

19 remedies available at law, such as monetary damages, are inadequate to compensate for the

20 injury to Plaintiff.

21 19. As a direct and proximate result of Defendant’s infringing conduct, Plaintiff has

22 been injured and will continue to suffer irreparable injury to its business unless Defendant is
23 restrained by this Court from further violation of Plaintiff's keyboard design intellectual
24 property by infringing the ’630 Patent.
25 20. On its website, Defendant offers for sale accused device JETech Foldable
26 Bluetooth Keyboard under Item#: 9SIAG277323109 (the “JETech Keyboard”) 1. Defendant
27
1
28 https://www.newegg.com/jetech-foldable-slim-wireless-bluetooth-keyboard-foldable-
bluetooth-keyboard/p/0GA-01JG-00001

5
COMPLAINT FOR PATENT INFRINGEMENT
 Case 3:20-cv-03344 Document 1 Filed 05/16/20 Page 6 of 8

1 provides that this accused device was first available on March 25, 2018. Id. The JETech
2 Keyboard’s design is substantially the same keyboard design as the ’630 patent and the two
3 keyboards are deceptively similar to a normal observer.
4 21. For example, Figure 1 of the ’630 Patent (shown below) shows the ornamental
5 design of a tri-foldable keyboard. The ’630 patent has a distinctive design to its hinges
6
resembling a butterfly. The center portion of the hinge having a distinctive shape somewhat
7
like an inverted letter T with a thick, rounded bottom. The “wings” of the butterfly are wider at
8
their ends. The ’630 design also has its keys laid out such that there is a little over three key
9
widths (counting from the outside of the top and bottom rows) aligned with a line between the
10
center of the hinges. The outer edge of the keyboard’s typing face is slightly raised forming a
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ridge around the face of the keyboard.
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Figure 1 of the ’630 Patent.
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6
COMPLAINT FOR PATENT INFRINGEMENT
 Case 3:20-cv-03344 Document 1 Filed 05/16/20 Page 7 of 8

1 Compare to accused keyboard:

2
3
4
5
6
7
8
9
10
11
12
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The JETech Keyboard (shown above) incorporates at least the distinctive features of the ’630
14
Patent as described above. The other accused devices similarly incorporate these features and
15
are substantially the same keyboard design for at least the reasons stated above.
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22. The In light of the foregoing, Plaintiff is entitled to injunctive relief prohibiting
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Defendant from infringing the ’630 Patent and to recover from Defendant all damages,
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including attorneys' fees, that Plaintiff has sustained and will sustain as a result of such
19
infringing acts, and all gains, profits and advantages obtained by Defendant as a result thereof,
20
21 in an amount to be determined, which amount can be trebled under 35 U.S.C. § 284.

22 PRAYER FOR RELIEF

WHEREFORE, Plaintiff Jorno requests that this Court enter:
23
24 A. A judgment in favor of Jorno that Defendant has infringed the’630 Patent;

25 B. A judgment and order requiring Defendant to pay Jorno its damages, costs,

26 expenses, prejudgment and post-judgment interest, and post-judgment royalties for Defendant’s

27 infringement of the ’630 Patent as provided under 35 U.S.C. § 284;

28

7
COMPLAINT FOR PATENT INFRINGEMENT
 Case 3:20-cv-03344 Document 1 Filed 05/16/20 Page 8 of 8

1 C. An order enjoining Defendant from continued infringement of Jorno’s ’630

2 Patent; and
3 D. Any and all other relief to which the Court may deem Jorno entitled.
4 DEMAND FOR JURY TRIAL
5 Plaintiff Jorno, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by
6
jury of any issues so triable by right.
7
8
Dated: May 15, 2020 SML AVVOCATI P.C.
9
/s/ Stephen M. Lobbin
10
Stephen Michael Lobbin
11 (Cal. Bar No. 181195)
888 Prospect St, Ste 200
12 La Jolla, CA 92037-4261
13 Tel: (949) 636-1391
Email: [email protected]
14
BUETHER JOE & CARPENTER, LLC
15 Christopher M. Joe (To Be Admitted PHV)
16 (TX Bar No. 00787770)
1700 Pacific Avenue
17 Suite 4750
Dallas, Texas 75201
18 Telephone: (214) 466-1270
19 Facsimile: (214) 635-1842
Email: [email protected]
20
21 Attorneys for Plaintiff
22 Jorno, LLC

23
24
25
26
27
28

8
COMPLAINT FOR PATENT INFRINGEMENT
Case 3:20-cv-03344 Document 1-1 Filed 05/16/20 Page 1 of 5

EXHIBIT A
 Case 3:20-cv-03344 Document 1-1 Filed 05/16/20 Page 2 of 5

USOOD775630S

(12) United States Design Patent (10) Patent No.: US D775,630 S

Starrett (45) Date of Patent: Jan. 3, 2017
(54) KEYBOARD D475,709 S * 6/2003 Tritschler ..................... D14/396
6,793.421 B1* 9/2004 Baldwin ............... G06F 3,0221
(71) Applicant: CERVANTES MOBILE, Los Angeles, ck 361,679.14
CA (US) 6,877,919 B2 4/2005 Sitalasai ............... G06F 1, 1632
400/472
(72) Inventor: Scott Starrett, Los Angeles, CA (US) * cited by examiner
ck
(**) Term: 14 Years Primary Examiner — Freda S Nunn
(21) Appl. No.: 29/518,234 (74) Attorney, Agent, or Firm — Cowan, Liebowitz &
Latman, P.C.; Steven D. Underwood
(22) Filed: Feb. 20, 2015
(51) LOC (10) Cl. ............................................... 14-02
USPC ......................................................... D14/455
(58) Field of Classification Search The ornamental design for a keyboard, as shown and
USPC ....... D14/315-327, 391-399, 341, 345, 440; described.
D18/1, 2, 7, 11; 235/145 A, 145 R:
341/22, 23: 345/104, 156, 168, 169,
345/173: 361/679.08, 679.09, 679.11,
361/679.26, 679.27; D3/218, 269, 298, DESCRIPTION
D3A299
CPC ........ G06F 1/16; G06F 1/1616; G06F 1/1626;
G06F 1/1632: G06F 1/1613; G06F FIG. 1 is a perspective view of the keyboard of the present
1/1601; G06F 1/1618: G06F 1/162; G06F invention wherein the broken lines are shown for environ
3/0221; G06F 3/0216; G06F ment only and form no part of the claimed design;
1/1628; H01R 35/02; H03M 11/00; G09B FIG. 2 is a top, front, and side perspective view thereof
13/04; H03K 17/94; G09G 5/00; F16M shown partially opened;
11/10; H05K 5700; H04M 1/0237; H01H
13/14: H01H 13/84: B41J 5/00; B41J FIG. 3 is a top, front and side perspective view thereof
5/12: B41J 5/10; A45C 3/02 shown in the closed position;
See application file for complete search history. FIG. 4 is a front view thereof
56 Ref Cited FIG. 5 is a rear view thereof;
(56) eerees e FIGS. 6 and 7 are side views thereof
U.S. PATENT DOCUMENTS FIG. 8 is a top view thereof; and,
4.509,873 A * 4/1985 Ryan .......................... so FIG. 9 is a bottom view thereof.
341 (22
D457.525 S * 5/2002 Olodort ........................ D14/396 1 Claim, 3 Drawing Sheets
 Case 3:20-cv-03344 Document 1-1 Filed 05/16/20 Page 3 of 5

U.S. Patent Jan. 3, 2017 Sheet 1 of 3 US D775,630 S

FIG. 1

FIG.2
 Case 3:20-cv-03344 Document 1-1 Filed 05/16/20 Page 4 of 5

U.S. Patent Jan. 3, 2017 Sheet 2 of 3 US D775,630 S

 Case 3:20-cv-03344 Document 1-1 Filed 05/16/20 Page 5 of 5

U.S. Patent Jan. 3, 2017 Sheet 3 of 3 US D775,630 S

JS-CAND 44 (Rev. 07/19) Case 3:20-cv-03344 Document 1-2 Filed 05/16/20 Page 1 of 2
CIVIL COVER SHEET
The JS-CAND 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 in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Jorno, LLC Newegg, Inc.
(b) County of Residence of First Listed Plaintiff Laramie County, Wyoming County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Stephen Michael Lobbin
888 Prospect St, Ste 200, La Jolla, CA 92037-4261
Tel: (949) 636-1391

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)
PTF DEF PTF DEF
1 U.S. Government Plaintiff 3 Federal Question Citizen of This State 1 1 Incorporated or Principal Place 4 4
(U.S. Government Not a Party)
of Business In This State
Citizen of Another State 2 2 Incorporated and Principal Place 5 5
2 U.S. Government Defendant 4 Diversity of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure of 422 Appeal 28 USC § 158 375 False Claims Act
120 Marine Property 21 USC § 881 423 Withdrawal 28 USC 376 Qui Tam (31 USC
310 Airplane 365 Personal Injury – Product
130 Miller Act Liability 690 Other § 157 § 3729(a))
315 Airplane Product Liability
140 Negotiable Instrument 367 Health Care/ LABOR PROPERTY RIGHTS 400 State Reapportionment
320 Assault, Libel & Slander
150 Recovery of Pharmaceutical Personal 410 Antitrust
330 Federal Employers’ 710 Fair Labor Standards Act 820 Copyrights
Overpayment Of Injury Product Liability 430 Banks and Banking
Liability 720 Labor/Management 830 Patent
Veteran’s Benefits 368 Asbestos Personal Injury 450 Commerce
340 Marine Relations 835 Patent─Abbreviated New
151 Medicare Act Product Liability
345 Marine Product Liability 740 Railway Labor Act Drug Application 460 Deportation
152 Recovery of Defaulted PERSONAL PROPERTY 470 Racketeer Influenced &
350 Motor Vehicle 751 Family and Medical 840 Trademark
Student Loans (Excludes 370 Other Fraud Corrupt Organizations
355 Motor Vehicle Product Leave Act
Veterans) 371 Truth in Lending SOCIAL SECURITY
Liability 790 Other Labor Litigation 480 Consumer Credit
153 Recovery of 380 Other Personal Property 861 HIA (1395ff)
360 Other Personal Injury 791 Employee Retirement 485 Telephone Consumer
Overpayment Damage Income Security Act 862 Black Lung (923) Protection Act
of Veteran’s Benefits 362 Personal Injury -Medical
Malpractice 385 Property Damage Product 863 DIWC/DIWW (405(g)) 490 Cable/Sat TV
160 Stockholders’ Suits Liability IMMIGRATION
864 SSID Title XVI 850 Securities/Commodities/
190 Other Contract 462 Naturalization Exchange
CIVIL RIGHTS PRISONER PETITIONS 865 RSI (405(g))
195 Contract Product Liability Application
440 Other Civil Rights 890 Other Statutory Actions
HABEAS CORPUS 465 Other Immigration FEDERAL TAX SUITS
196 Franchise 891 Agricultural Acts
441 Voting 463 Alien Detainee Actions 870 Taxes (U.S. Plaintiff or
REAL PROPERTY 442 Employment 893 Environmental Matters
510 Motions to Vacate Defendant)
210 Land Condemnation Sentence 895 Freedom of Information
443 Housing/ 871 IRS–Third Party 26 USC
Accommodations Act
220 Foreclosure 530 General § 7609
445 Amer. w/Disabilities– 896 Arbitration
230 Rent Lease & Ejectment 535 Death Penalty
Employment 899 Administrative Procedure
240 Torts to Land OTHER
446 Amer. w/Disabilities–Other Act/Review or Appeal of
245 Tort Product Liability 540 Mandamus & Other Agency Decision
290 All Other Real Property 448 Education
550 Civil Rights 950 Constitutionality of State
555 Prison Condition Statutes
560 Civil Detainee–
Conditions of
Confinement

V. ORIGIN (Place an “X” in One Box Only)

1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District (specify) Litigation–Transfer Litigation–Direct File

VI. CAUSE OF Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. Sections 1331 and 1338(a)
ACTION
Brief description of cause:
Patent Infringement
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, Fed. R. Civ. P. JURY DEMAND: Yes No

VIII. RELATED CASE(S), JUDGE DOCKET NUMBER

IF ANY (See instructions):
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
(Place an “X” in One Box Only) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE

DATE 05/15/2020 SIGNATURE OF ATTORNEY OF RECORD /s/ Stephen M. Lobbin

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JS-CAND 44 (rev. 07/19) Case 3:20-cv-03344 Document 1-2 Filed 05/16/20 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44

Authority For Civil Cover Sheet. The JS-CAND 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 in its original form by the Judicial
Conference of the United States in September 1974, is required for the Clerk of Court to initiate 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 Federal Rule of Civil Procedure 8(a), 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.
(1) United States plaintiff. Jurisdiction based on 28 USC §§ 1345 and 1348. Suits by agencies and officers of the United States are included here.
(2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
(3) Federal question. This refers to suits under 28 USC § 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.
(4) Diversity of citizenship. This refers to suits under 28 USC § 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-CAND 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 clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an “X” in one of the six boxes.
(1) Original Proceedings. Cases originating in the United States district courts.
(2) Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 USC § 1441. When the
petition for removal is granted, check this box.
(3) Remanded from Appellate Court. Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
(4) Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
(5) Transferred from Another District. For cases transferred under Title 28 USC § 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
(6) Multidistrict Litigation Transfer. Check this box when a multidistrict case is transferred into the district under authority of Title 28 USC
§ 1407. When this box is checked, do not check (5) above.
(8) Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket.
Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.
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 Federal Rule of Civil Procedure 23.
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-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
IX. Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this
section blank. For all other cases, identify the divisional venue according to Civil Local Rule 3-2: “the county in which a substantial part of the
events or omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated.”
Date and Attorney Signature. Date and sign the civil cover sheet.