Blue Cross Blue Shield Lawsuit

Case 2:17-cv-00404 Document 1 Filed 04/03/17 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO NORA CANDELARIA, and all others similarly situated under 29 USC § 216(b), Plaintiff, v.

Civil Action No. 2:17-cv-404

HEALTH CARE SERVICE CORPORATION,

COLLECTIVE AND CLASS ACTION COMPLAINT

Defendant.

COLLECTIVE AND CLASS ACTION COMPLAINT 1.

Nora Candelaria (“Plaintiff”) brings this collective and class action individually,

on behalf of those similarly situated, and on behalf of the proposed Rule 23 New Mexico Class Members against Defendant Health Care Service Corporation (“Defendant”).

I. 2.

SUMMARY

Defendant issues and administers healthcare plans in five states through five

divisions, that respectively operate under the names of Blue Cross and Blue Shield of Illinois, Blue Cross and Blue Shield of Montana, Blue Cross and Blue Shield New Mexico, Blue Cross and Blue Shield of Oklahoma, and Blue Cross and Blue Shield of Texas. Plaintiff and the respective FLSA and NM Class Members (defined below) worked for Defendant as “Care Coordinators” (or other titles) whose primary responsibilities include conducting on-site member assessments, inputting members’ information into Defendant’s automated system, and ensuring members completed all necessary authorizations for receipt of insurance benefits.

3.

Defendant has violated the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq.

(“FLSA”) and New Mexico Minimum Wage Act, N.M. Stat. Ann. § 50-4-22(D) (“NM Wage Law”) by classifying the FLSA and NM Class Members as exempt from overtime, paying them COLLECTIVE AND CLASS ACTION COMPLAINT

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on a salary basis and refusing to pay them overtime despite those individuals regularly working over 40 hours per week.

II. 4.

PARTIES

Plaintiff is a New Mexico resident that worked for Defendant as a Care

Coordinator, and specifically as a Member Care Coordinator, in New Mexico from approximately September 5, 2013 to July 1, 2015. Her consent to participate in this lawsuit is attached to this Complaint as Exhibit A. 5.

Plaintiff brings this action individually and on behalf of those similarly situated

pursuant to the FLSA. The “FLSA Class Members” consist of all current and former employees paid on a salary basis whose primary job duties consisted of conducting on-site member assessments, inputting members’ information into Defendant’s automated system, and ensuring members completed all necessary authorizations for receipt of insurance benefits, whether they were referred to as “Care Coordinators,” “Member Care Coordinators,” or other job titles.

6.

Plaintiff brings this action as a Rule 23 class action under New Mexico law on

behalf of FLSA Class Members who work or worked for Defendant in New Mexico (“NM Class Members”).

7.

Defendant Health Care Service Corporation is an Illinois Corporation that has its

principle place of business in Illinois. Defendant does not have a registered agent for service of process in the state of New Mexico, but may be served with process by serving any officer or agent of the corporation at 300 E. Randolph Street, Chicago, Illinois 60601.

III. 8.

JURISDICTION AND VENUE

This Court has jurisdiction over the claims because Plaintiff has asserted a claim

arising under federal law and specifically the FLSA.

COLLECTIVE AND CLASS ACTION COMPLAINT

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9.

This Court has subject matter jurisdiction over the state law claims pursuant to 28

U.S.C. ยง 1332(d) because this is a class action with an amount in controversy of over $5,000,000.00 exclusive of interest and costs, and at least one Rule 23 Class Member is a citizen from a different state than Defendant. Alternatively, the Court has supplemental jurisdiction pursuant to 28 U.S.C ยง 1367.

10.

Venue is proper in the District Court of New Mexico because a substantial portion

of the events forming the basis of this suit occurred in this District and because one or more parties resides in this District. Specifically, Plaintiff resides in this District and the work she performed giving rise to these claims occurred in this District.

IV. 11.

FLSA COVERAGE FACTS

At all relevant times, Defendant acted, directly or indirectly, in the interest of an

employer or joint employer with respect to Plaintiff and the FLSA and NM Class Members.

12.

At all relevant times, Defendant constituted an employer or joint employer within

the meaning of the FLSA, 29 U.S.C. ยง 203(d) and NM Wage Law. 13.

At all relevant times, Defendant has been an enterprise engaged in commerce or

in the production of goods for commerce within the meaning of Section 3(s)(1) of the FLSA, 29 U.S.C. ยง 203(s)(1), in that said enterprise has had employees engaged in commerce or in the production of goods for commerce, or employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person and in that said enterprise has had and has an annual gross volume of sales made or business done of not less than $500,000 (exclusive of excise taxes at the retail level which are separately stated).

Plaintiff and the Class Members specifically handled materials, including computers and other equipment, to conduct medical assessments.

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14.

At all relevant times, Plaintiff and respective Class Members were individual

employees who were engaged in commerce or in the production of goods for commerce as required by 29 U.S.C. § 203(e)(1).

V. 15.

FACTUAL ALLEGATIONS

Defendant has had business operations throughout the United States, including in

New Mexico and this judicial district, and its annual gross volume of sales made or business done exceed $500,000.00 per year.

16.

Plaintiff worked as a Care Coordinator for Defendant from approximately

September 5, 2013 to July 1, 2015, and worked over 40 hours in one or more work weeks during the last three years.

17.

As a Care Coordinator, Plaintiff’s primary job duties consisted of conducting on-

site member assessments, imputing member information into Defendant’s automated system, and ensuring members completed all necessary authorizations for receipt of insurance benefits. These job duties were routine and rote and did not include the exercise of discretion and independent judgment with respect to matters of significance.

18.

Plaintiff routinely worked over 40 hours per week, but Defendant failed to pay her

any overtime premium for all hours worked in excess of 40 per workweek.

19.

Instead of providing Plaintiff with overtime pay, Defendant misclassified Plaintiff

as exempt and paid her on a salary basis with no overtime pay for her many hours of overtime work.

20.

Defendant knew that Plaintiff worked in excess of 40 hours per week.

21.

Plaintiff is entitled to receive overtime pay for all the hours worked in excess of

40 per workweek.

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22.

Defendant willfully misclassified Plaintiff as exempt and refused to pay her

overtime, despite (1) having awareness of the FLSA’s minimum wage and overtime requirements; (2) routinely receiving complaints from Plaintiff and the respective Class Members regarding their pay and excessive overtime hours; (3) paying workers who performed substantially similar and non-exempt duties on an hourly/overtime eligible basis, but choosing not to pay Plaintiff overtime.

23.

During the three years prior to the filing of this Complaint, Defendant employed

other FLSA Class Members as Member Care Coordinators, Care Coordinators, or other job titles.

These individuals’ primary job duties consisted of conducting on-site member assessments, imputing member information into Defendant’s automated system, and ensuring members completed all necessary authorizations for receipt of insurance benefits. These job duties were routine and rote and did not include the exercise of discretion and independent judgment with respect to matters of significance.

24.

The FLSA Class Members routinely worked over 40 hours per week, but

Defendant failed to pay them any overtime premium for all hours worked in excess of 40 per workweek. Instead, Defendant misclassified the FLSA Class Members as exempt and paid them on a salary basis with no overtime pay for their many hours of overtime work.

25.

Defendant knew that the FLSA Class Members worked in excess of 40 hours per

26.

The FLSA Class Members are entitled to receive overtime pay for all the hours

week.

they worked in excess of 40 per workweek.

27.

Defendant willfully misclassified the FLSA Class Members as exempt and

refused to pay them overtime, despite (1) having awareness of the FLSA’s minimum wage and overtime requirements; (2) routinely receiving complaints from Plaintiff and the respective Class COLLECTIVE AND CLASS ACTION COMPLAINT

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Members regarding their pay and excessive overtime hours; (3) paying workers who performed substantially similar and non-exempt duties on an hourly/overtime eligible basis, but choosing not to pay the FLSA Class Members overtime.

VI.

NEW MEXICO CLASS ACTION ALLEGATIONS

28.

Plaintiff incorporates all allegations previously made in this Complaint.

29.

Plaintiff brings this class action on behalf of the respective NM Class Members.

30.

The NM Class Members are so numerous that their joinder is impracticable.

While the precise number of the NM Class Members is unknown, at least 100 NM Class Member worked at least one workweek of more than 40 hours in New Mexico over the past three years.

31.

Plaintiff’s claims are typical of the NM Class Members. She and the NM Class

Members: (1) had the same primary job duties; (2) were classified as exempt from overtime; (3) were paid a salary; (4) worked in New Mexico in at least one workweek during the last three years; and (5) were denied overtime at a rate of one-and-one half times their regular rate of pay for all overtime hours worked.

32.

Common questions of law and fact for the NM Class Members predominate over

any questions affecting any individual member, including: a. Whether Defendant violated NM Wage Law by failing to pay the respective NM Class Members overtime compensation at a rate of time-and-one-half for all hours worked in excess of 40 in an individual workweek; b. Whether Defendant violated NM Wage Law by misclassifying the NM Class Members as exempt from overtime; c. The proper measure of damages sustained by the respective NM Class Members; and d. Whether Defendant should be enjoined for such violations in the future.

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As a result, Plaintiff will fairly and adequately protect the respective NM Class Members’ interests and has retained counsel experienced in complex wage and hour class litigation.

33.

This action is properly maintainable as a class action under Fed. R. Civ. P.

23(b)(2) because Defendant acted or refused to act on grounds generally applicable to the NM Class Members, making final injunctive and/or declaratory relief appropriate to the NM Class Members as a whole.

34.

This action is properly maintainable as a class action under Fed. R. Civ. P.

23(b)(3) because: (1) questions of law or fact predominate over any questions affecting individual class members; and (2) a class action is superior to other methods to ensure a fair and efficient adjudication of this controversy because—in the context of wage and hour litigation— individuals lack the financial resources to vigorously prosecute lawsuits against large corporate defendants. Class litigation is also superior because it will preclude the need for unduly duplicative litigation resulting in inconsistent judgments pertaining to policies and practices, including the failure to pay overtime to the NM Class Members. No apparent difficulties exist in managing this class action. Plaintiff intends to send notice to the proposed Rule 23 NM Class Members to the extent required by Fed. R. Civ. 23(c).

VII. COUNT I: FAILURE TO PAY WAGES IN ACCORDANCE WITH THE FAIR LABOR STANDARS ACT 35.

Plaintiff incorporates all allegations previously made in this Complaint.

36.

During the relevant time period, Defendant violated and continues to violate the

provisions of sections 6 and 7 of the FLSA, 29 U.S.C §§ 206-7, and 215(a)(2), by employing Plaintiff and the FLSA Class Members in an enterprise engaged in commerce or in the production of goods for commerce within the meaning of the FLSA for weeks longer than 40 hours without compensating for work in excess of 40 hours per week at rates no less than one-

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and-a-half times their regular rates of pay. Defendant has acted willfully in failing to pay Plaintiff and the FLSA Class Members in accordance with the law.

VIII. COUNT II: VIOLATION OF NM WAGE LAW 37.

Plaintiff incorporates all allegations previously made in this Complaint.

38.

Plaintiff and the NM Class Members are entitled to unpaid overtime in an amount

equal to one-and-one-half times the regular rate of pay for work performed in excess of 40 hours in a workweek pursuant to the formula outlined in N.M. Stat. Ann. § 50-4-22(D). During the relevant time period, Defendant violated and continues to violate NM Wage Law by employing employees and regularly and repeatedly failing to pay employees for all hours worked and failing to pay overtime wages at a rate of at least one-and-a-half times their regular rates of pay. As a direct and proximate result of Defendant’s unlawful conduct, Plaintiff and the NM Class Members have suffered and will continue to suffer from a loss of income and other damages.

Plaintiff and the NM Class Members are entitled to their unpaid wages, an amount equal to twice their unpaid wages, prejudgment interest, all costs in bringing this action, and all attorneys’ fees accrued that are recoverable under NM Wage Law. Moreover, Plaintiff requests that this lawsuit encompass all violations that occurred as a part of Defendant’s continued course of conduct regardless of the date on which they occurred.

IX. 39.

RELIEF SOUGHT

WHEREFORE, Plaintiff, individually and on behalf of the FLSA Class Members,

prays for relief against Defendant as follows in regards to her FLSA collective action claims: a.

For an Order pursuant to Section 16(b) of the FLSA finding Defendant liable for unpaid back wages due to Plaintiff (and those who may join in the suit) and for liquidated damages equal in amount to the unpaid compensation found due to Plaintiff (and those who may join the suit);

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b.

For an Order awarding Plaintiff (and those who may join in the suit) the costs of this action;

c.

For an Order awarding Plaintiff (and those who may join in the suit) attorneys’ fees;

d.

For an Order awarding Plaintiff (and those who may join in the suit) prejudgment and post-judgment interest at the highest rates allowed by law; and

e.

For an Order granting such other and further relief as may be necessary and appropriate.

40.

WHEREFORE, Plaintiff, individually and on behalf of the NM Class Members,

prays for relief against Defendant as follows in regards to her class action complaint: a.

For an Order Certifying the State Wage Law claims as Class Actions pursuant to Fed. R. Civ. P. 23, for designation of Plaintiff as Class Representative under NM Wage Law, and for designation of Plaintiff’s counsel as class counsel;

b.

For Judgment that Defendant violated NM Wage Law by failing to pay Plaintiff and the NM Class Members overtime compensation;

c.

For an Order awarding Plaintiff and the NM Class Members all unpaid overtime compensations, an amount equal to twice their unpaid wages as liquidated damages, prejudgment interest and all available penalty wages under Wage Law;

d.

For all costs and attorneys’ fees incurred prosecuting this claim, as allowed by law; and

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e.

For an Order granting such other and further relief as may be necessary and appropriate.

Respectfully submitted,

/s/ J. Derek Braziel J. DEREK BRAZIEL Co-Attorney in Charge Texas Bar No. 00793380 jdbraziel@l-b-law.com J. FORESTER Texas Bar No. 24087532 forester@l-b-law.com LEE & BRAZIEL, L.L.P. 1801 N. Lamar Street, Suite 325 Dallas, Texas 75202 (214) 749-1400 phone (214) 749-1010 fax www.overtimelawyer.com

JACK SIEGEL Co-Attorney in Charge Texas Bar No. 24070621 jack@siegellawgroup.biz SIEGEL LAW GROUP, P.L.L.C. 2820 McKinnon, Suite 5009 Dallas, Texas 75201 (214) 706-0834 phone (469) 339-0204 fax www.siegellawgroup.biz ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE This is the Original Complaint. Service of this Complaint will be made on Defendant with summons to be issued by the clerk according to the Federal Rules of Civil Procedure.

/s/ J. Derek Braziel J. DEREK BRAZIEL COLLECTIVE AND CLASS ACTION COMPLAINT

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DocuSign Envelope ID: 3699050A-6264-48A5-BF8D-DF6409C29EB9

Case 2:17-cv-00404 Document 1-1 Filed 04/03/17 Page 1 of 1

NOTICE OF CONSENT I hereby consent to become a party plaintiff in the overtime lawsuit in which this consent is filed.

Signature

Printed Name

Date

Case 2:17-cv-00404 Document 1-2 Filed 04/03/17 Page 1 of 2

CIVIL COVER SHEET

JS 44 (Rev. 11/15) 'LVWULFW RI &RORUDGR )RUP

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

Nora Candelaria, and all others similarly situated under 29 USC § 216 (b), (b) County of Residence of First Listed Plaintiff

DEFENDANTS

Health Care Service Corporation

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) NOTE:

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

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

Attorneys (If Known)

J. Derek Braziel, Lee & Braziel, LLP, 1801 N. Lamar Street, Suite 325, Dallas, Texas 75202, (214)749-1400

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) u 1

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)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) PTF Citizen of This State u 1

DEF u 1

and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State

Citizen of Another State

u 2

u

2

Incorporated and Principal Place of Business In Another State

u 5

u 5

Citizen or Subject of a Foreign Country

u 3

u

3

Foreign Nation

u 6

u 6

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

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 Veteran’s 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

u 625 Drug Related Seizure of Property 21 USC 881 u 690 Other

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))

FEDERAL TAX SUITS u 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRS—Third Party 26 USC 7609

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

V. ORIGIN (Place an “X” in One Box Only) u 1 Original Proceeding

u 2 Removed from State Court

u 3

Remanded from Appellate Court

u 4 Reinstated or Reopened

u 5 Transferred from Another District (specify)

u 6 Multidistrict Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Fair Labor Standards Act, 29 U.S.C. Section 201, et seq.

VI. CAUSE OF ACTION Brief description of cause:

"1 %PDLFU

Unpaid overtime wages claim.

u CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DATE

CHECK YES only if demanded in complaint: u Yes u No JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ J. Derek Braziel

04/03/2017 FOR OFFICE USE ONLY RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

Case 2:17-cv-00404 Document 1-2 Filed 04/03/17 Page 2 of 2

JS 44 Reverse (Rev. 11/15) 'LVWULFW RI &RORUDGR )RUP

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)

(b)

(c)

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.

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.)

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 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.

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.

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 25 $3 'RFNHW

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.