JS-CAND 44 (Rev. 07/16) 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

(b) County of Residence of First Listed Plaintiff 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)

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)

 1 U.S. Government 3 Federal Question PTF DEF PTF DEF

 Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4

of Business In This State

 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5

 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

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 422 Appeal 28 USC § 158 375 False Claims Act 

 120 Marine 310 Airplane 365 Personal Injury – of Property 21 USC § 881 423 Withdrawal 376 Qui Tam (31 USC 

 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC § 157 § 3729(a)) 

 140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment 

 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust

 Of Veteran’s Benefits Slander Personal Injury 820 Copyrights 430 Banks and Banking 

 151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce 

 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark 460 Deportation 

 Student Loans 340 Marine Injury Product 470 Racketeer Influenced and

 (Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations

 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit

 of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV 

 160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/ 

 190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange 

 195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions 

 196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts 

362 Personal Injury - Product Liability Leave Act 893 Environmental Matters

 Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act

210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration

 220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure 

 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS–Third Party Act/Review or Appeal of 

 240 Torts to Land 443 Housing/ Sentence 26 USC § 7609 Agency Decision

 245 Tort Product Liability Accommodations 530 General 950 Constitutionality of

 290 All Other Real Property 445 Amer. w/Disabilities– 535 Death Penalty IMMIGRATION State Statutes

 Employment Other: 462 Naturalization Application 

446 Amer. w/Disabilities– 540 Mandamus & Other 465 Other Immigration

 Other 550 Civil Rights Actions

 448 Education 555 Prison Condition

 560 Civil Detainee–

 Conditions of 

 Confinement

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

1 Original

Proceeding

2 Removed from State Court 

 3 Remanded from Appellate Court 

4 Reinstated or Reopened 

5 Transferred from Another District 

(specify)

 6 Multidistrict

Litigation–Transfer

8 Multidistrict

Litigation–Direct File 

VI. CAUSE OF ACTION

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

Brief description of cause:

VII. REQUESTED IN 

 COMPLAINT:

CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, Fed. R. Civ. P. 

DEMAND $ CHECK YES only if demanded in complaint: 

JURY DEMAND: Yes No 

VIII. RELATED CASE(S), 

 IF ANY (See instructions): JUDGE DOCKET NUMBER 

IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)

(Place an “X” in One Box Only) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE 

DATE: SIGNATURE OF ATTORNEY OF RECORD:

>

William Scepkowski

Saratoga County, New York

Daniel Brome

Nichols Kaster, PLLP

235 Montgomery Street, Suite 810

San Francisco, CA 94104

Nova Measuring Instruments Inc.

Santa Clara County, California

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

Failure to pay overtime wages

✔ 75,000.00

02/20/2017 /s/ Daniel Brome
JS-CAND 44 (rev. 07/16) 

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.