3043084- LRB/ML W ARDC # 6325949 

IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

KERRY ZITO, 

Plaintiff, 

vs. Case No. 

THOMAS MILLER and 

WESTERN EXPRESS, INC. 

Defendants. 

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DEFENDANTS THOMAS MILLER AND WESTERN EXPRESS, INC.'S 

EXHIBITS A THROUGH C TO THEIR NOTICE OF REMOVAL 

20 cv 4993

Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 1 of 17 PageID #:7
JUL 2 8 202 FILED 

7/24/2020 10:34 AM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

2020L007273 

9875619 

2120 - Served 

2220- Not Served 

2320 - Served By Mail 

2420 - Served By Publication 

Summons » Alias Summons 

2121 - Served 

2221 - Not Served 

2321 - Served By Mail 

2421 - Served By Publication 

(08/01/18) CCG 0001 A 

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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 

Kerrv Zito 

(Name all parties) Case No. 2020 L 7273 

V 

Thomas Miller and Express Western, Inc. 

D SUMMONS ~ ALIAS SUMMONS 

To each Defendant: Roland Lowell, Agent for \Wester Express, Inc.,, 7100 Commerce Way, Ste. 102, Brentwood, 

TN 37027 

YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of 

which is hercto attached, or otherwise file your appearance and pay the required fee within thirty 

(30) days after service of this Summons, not counting the day of service. To file your answer or 

appearance you need access to the internet. Please visit wwwcookcountyclerkofcourt.otg to initiate 

this process. Kiosks with internet access are available at all Clerk's Office locations. Please refer to 

the last page of this document for location information. 

If you fail to do so, a judgment by default may be entered against you for the relief 

requested in the comnplaint. 

'To the Officer: 

'This Summons must be returned by the officer or other person to whom it was given for service, with 

endorsement of service and fees, if any, immediately after service. If service cannot be made, this Summons 

shall be returned so endorsed. This Summons may not be served later than thirty (30) days after its date. 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt.org 

Page 1 of 3 

Exhibit A 

Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 2 of 17 PageID #:8
Summons - Alias Summons (08/01/18) CCG 0001 B 

E-filing is now mandatory for documents in civil cases with limited exemptions. To e-file, you must first 

create an account with an c-filing service provider. Visit http://efile.illinoiscourts.gov/service-providers.htm 

to learn more and to select a service provider. If you need additional help or have trouble e-filing, visit http:// 

www.illinoiscourts.gov/FAQ/gethelp.asp, or talk with your local circuit clerk's office. 

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Aty. No.: b8l4 

Atty Name: Jason P. Schneider 

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. Kerrv Zito ty. or: 

Address: 1730 Park Street, Suite 201 

City: Naperville 

State: IL Zip: 60563 

Telephone: (630) 527-4177 

Primary Email: jason@malmlegal.com 

\Witness: 

7/24/2020 10:34 AM DOROTHY BROWN 

DOROTHY BROWN, Clerk of Court 

Date of Service: 

(To be inserted b\ y left with 

Defendant or otl 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt.org 

Page 2 of 3 

Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 3 of 17 PageID #:9
CLERK OF THE CIRCUIT COURT OF COOK COUNTY OFFICE LOCATIONS 

to Richard J Daley Center □ Domestic Relations Division 

ccy 

p 50 \W Washington Richard J Daley Center I ps, 

co 

.2 Chicago, IL 60602 50 W Washington, Rm 802 

' C: 

:21 Chicago, IL 60602 r District 2 - Skokie 

5600 Old Orchard Rd I lours: 8:30 am - 4:30 pm 

Skokie, IL. 60077 □ Civil Appeals 

□ District 3 - Rolling Meadows Richard J Daley Ccntcr 

< 2121 Euclid 50 W Washington, Rm 801 

<.2 

:y 

r Chicago, IL 60602 

<0 Rolling Meadows, TT. 60008 

- Hours: 8:30 am - 4:30 pm 

w D District 4 - Maywood I- 

< 1500 Maybrook Ave □ Criminal Department 

0 

co Maywood, IL 60153 Richard J Daley Center LL 

! 

z 50 W Washington, Rm 1006 

□ District 5 - Bridgeview Chicago, IL 60602 

10220 S 76th Ave Hours: 8:30 am - 4:30 pm 

Bridgeview, IL 60455 

□ County Division □ District 6 - Markham Richard J Daley Center 

16501 S Kedzic Pkwy 50 W Washington, Rm 1202 

Markham, IL 60428 Chicago, 1L 60602 

□ Domestic Violence Court Hours: 8:30 am - 4:30 pm 

555 \W Harrison □ Probate Division 

Chicago, IL 60607 Richard J Daley Center 

□ Juvenile Center Building 50 W Washington, Rm 1202 

2245 W Ogden Ave, Rm 13 Chicago, 1L 60602 

Chicago, IL 60602 Hours: 8:30 am - 4:30 pm 

□ Criminal Court Building ~ Law Division 

2650 S California Ave, Rm 526 Richard J Daley Center 

Chicago, IL. 60608 50 W Washington, Rm 801 

Chicago, IL 60602 

Daley Center Divisions/Departments Hours: 8:30 am - 4:30 pm 

□ Civil Division □ 'Traffic Division 

Richard J Daley Center Richard J Daley Center 

50 \W Washington, Rm 601 50 W Washington, Lower Level 

Chicago, IL 60602 Chicago, IL 60602 

Hours: 8:30 am - 4:30 pn Hours: 8:30 am - 4:30 pn 

□ Chancery Division 

Richard J Daley Center 

50 W \Washington, Rm 802 

Chicago, IL 60602 

Hours: 8:30 am - 4:30 pm 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt.org 

Page 3 of 3 

Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 4 of 17 PageID #:10
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STATE OF ILLINOIS ) 

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COUNTY OF COOK ) 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 

COUNTY DEPARTMENT, LAW DIVISION 

FILED 

7/9/2020 1:33 PM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

9716094 

KERRY ZITO, 

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Plaintiff, 2020L007273 

V. 

THOMAS MILLER and 

WESTERN EXPRESS, INC., 

Defendants. 

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COMPLAINT AT LAW 

NOW COMES the Plaintiff, KERRY ZITO (hereinafter, "Plaintiff"), by and through her 

attorneys, JOHN J. MALM & ASSOCIATES, P .C., and for her Complaint against the Defendants, 

THOMAS MILLER and WESTERN EXPRESS, INC., states as follows: 

COUNTI 

Negligence y. Thomas Miller 

1. That at all times herein relevant and on or about July 13, 2019, Interstate 80 was a 

public roadway running in a generally eastbound and westbound direction in Thornton Township, 

Cook County, Illinois. 

2. That at all times herein relevant and on or about July 13, 2019, Plaintiff operated a 

2013 Nissan Murano traveling eastbound on Interstate 80 in Thornton Township, Cook County, 

Illinois. 

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Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 5 of 17 PageID #:11
3. That at all times herein relevant and on or about July 13, 2019, Defendant, 

THOMAS MILLER, operated a 2016 Freightliner Truck vehicle traveling eastbound on Interstate 

80 in Thornton Township, Cook County, Illinois. 

4. That at all times herein relevant and on or about July 13, 2019, upon information 

and belief, Defendant, THOMAS MILLER, was a duly authorized agent, employee, and/or servant 

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of Defendant, WESTERN EXPRESS, INC. 

5. That at all times herein relevant, Defendant, THOMAS MILLER, individually, and 

as duly authorized agent, employee, and/or servant of Defendant, WESTERN EXPRESS, INC,, 

owed a duty to Plaintiff to operate the aforementioned 2016 Freightliner Truck vehicle in the 

exercise of ordinary care for the safety of the Plaintiff and to obey the traffic laws of the State of 

Illinois. 

6. Defendant, THOMAS MILLER, individually and as duly authorized agent, 

employee, and/or servant of Defendant, WESTERN EXPRESS, INC., breached the duty aforesaid 

in one or more of the following ways: 

(a) carelessly and negligently failed to keep a proper and sufficient lookout on 

the above-referenced highway, in violation of the traffic laws of the State of Illinois; 

(b) carelessly and negligently failed to give an audible warning with his vehicle 

horn, in violation of the traffic laws of the State of Illinois; 

( c) carelessly and negligently failed to operate a vehicle in safe, suitable, and 

proper control, in violation of the traffic laws of the State of Illinois; 

(d) carelessly and negligently failed to operate the vehicle in safe, suitable, and 

proper control and failed to stop, slow down, or otherwise alter the speed, movement, or 

direction of a vehicle when danger of a collision with the with the Plaintiff's vehicle; 

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Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 6 of 17 PageID #:12
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(e) carelessly and negligently operated his vehicle at a rate of speed greater 

than that which was reasonable and proper with regard to traffic conditions and the use of 

the highway; 

() carelessly and negligently changed lanes at a time when it was unsafe to do 

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so; 

(g) failed to exercise the same care and caution that a reasonably prudent person 

would have exercised under the same or similar circumstances, all in violation of Parts 383, 

384, 390, 391, 392, and 395 of the FMCSRs; 

(h) failed to comply with the duties and prohibitions of driver regulations in 

violation of Parts 383, 384, 390, 391, 392, and 395 of the FMCSRs; 

(i) failed to operate the tractor-trailer in a reasonably prudent manner in 

violation of.Parts 383, 384,390,391, 392, and 395 of the FMCSRs; and· 

(j) otherwise cru·elessly and negligently operated a motor vehicle. 

7. As a proximate result of one or more of the foregoing negligent acts or omissions 

of Defendant THOMAS MILLER, Defendant THOMAS MILLER shuck the rear of the vehicle 

operated by the Plaintiff, causing the Plaintiff to suffer personal injuries and other pecuniary 

damages, all being past, present, and future. 

WHEREFORE, the Plaintiff, KERRY ZITO, demands judgment against the Defendant, 

THOMAS MILLER, individually and as duly authorized agent, employee, and/or servant of 

Defendant, WESTERN EXPRESS, INC., for a sum in excess of Fifty Thousand Dollars 

($50,000.00), plus attorneys" fees and costs and such other and additional relief that to this court 

seems just. 

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Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 7 of 17 PageID #:13
I. 

COUNT II 

Negligence y. Western Express, Inc. 

That at all times herein relevant and on or about July 13, 2019, Interstate 80 was a 

public roadway running in a generally eastbound and westbound direction in Thornton Township, 

Cook County, Illinois. 

2. That at all times herein relevant and on or about July 13, 2019, Plaintiff operated a 

2013 Nissan Murano traveling eastbound on Interstate 80 in Thornton Township, Cook County, 

Illinois. 

3. That at all times herein relevant and on or about July 13, 2019, Defendant, 

THOMAS MILLER, operated a 2016 Freightliner Truck vehicle traveling eastbound on Interstate 

80 in Thornton Township, Cook County, Illinois. 

4. That at all times herein relevant and on or about July 13, 2019, Defendant, 

WESTERN EXPRESS, INC,, a Tennessee Corporation, was authorized to do business, and was 

in fact doing business, in the State of Illinois and in the County of Cook. 

5. That at all times herein relevant, upon information and belief, Defendant, 

THOMAS MILLER, was a duly authorized agent, employee, and/or servant of Defendant, 

WESTERN EXPRESS, INC., and at all times herein, was in the course and scope of said agency, 

employment, and/or servitude. 

6. That at all times herein relevant, Defendant, WESTERN EXPRESS, INC., by and 

through its duly authorized agent, employee, and/or servant, Defendant, THOMAS MILLER, 

owed a duty to Plaintiff to operate the aforementioned 2016 Freightliner Truck vehicle in the 

exercise of ordinary care for the safety of the Plaintiff and to obey the traffic laws of the State of 

Illinois. 

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Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 8 of 17 PageID #:14
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7. Defendant, WESTERN EXPRESS, INC, by and through its duly authorized agent, 

employee, and/or servant, Defendant, THOMAS MILLER, breached the duty aforesaid in one or 

more of the following ways: 

(a) carelessly and negligently failed to keep a proper and sufficient lookout on 

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the above-referenced highway, in violation of the traffic laws of the State of Illinois; 

(b) carelessly and negligently failed to give an audible warning with his vehicle 

horn, in violation of the traffic laws of the State of Illinois; 

(c) carelessly and negligently failed to operate a vehicle in safe, suitable, and 

proper control, in violation of the traffic laws of the State of Illinois; 

( d) carelessly and negligently failed to operate the vehicle in safe, suitable, and 

proper control and failed to stop, slow down, or otherwise alter the speed, movement, or 

direction of a vehicle when danger of a collision with the with the Plaintiff's vehicle; 

( e) carelessly and negligently operated his vehicle at a rate of speed greater 

than that which was reasonable and proper with regard to traffic conditions and the use of 

the highway; 

(f) carelessly and negligently changed lanes at a time when it was unsafe to do 

so; 

(g) failed to exercise the same care and caution that a reasonably prudent person 

would have exercised under the same or similar circumstances, all in violation of Parts 383, 

384, 390, 391, 392, and 395 of the FMCSRs; 

(h) failed to comply with the duties and prohibitions of driver regulations in 

violation of Parts 383, 384, 390, 391, 392, and 395 of the FMCSRs; 

(i) failed to operate the tractor-trailer in a reasonably prudent manner in 

5 

Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 9 of 17 PageID #:15
violation of Parts 383, 384, 390, 391, 392, and 395 of the FMCSRs; and 

i) otherwise carelessly and negligently operated a motor vehicle. 

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8. As a proximate result of one or more of the foregoing negligent acts or omissions 

of Defendant, WESTERN EXPRESS, INC., by and through its duly authorized agent, employee, 

and/or servant, Defendant THOMAS MILLER, Defendant THOMAS MILLER struck the rear of 

the vehicle operated by the Plaintiff, causing the Plaintiff to suffer personal injuries and other 

pecuniary damages, all being past, present, and future. 

WHEREFORE, the Plaintiff, KERRY ZITO, demands judgment against the Defendant, 

WESTERN EXPRESS, INC., for a sum in excess of Fifty Thousand Dollars ($50,000.00), plus 

attorneys' fees and costs and such other and additional relief that to this court seems just. 

JOHN J. MALM & ASSOCIATES, P.C. 

By: 

son . chneider 

n@malmlegal.com 

JOHN J. MALM & ASSOCIATES, P.C. 

1730 Park Street, Suite 201 

Naperville, IL 60563 

630-527-4177 Telephone 

630-527-4178 Facsimile 

Attorney Number 38514 

Attorneys for KERRY ZITO 

6 

Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 10 of 17 PageID #:16
STATE OF ILLINOIS ) 

) ss 

COUNTY OF COOK ) 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 

COUNTY DEPARTMENT, LAW DIVISION 

FILED 

7/9/2020 1:33 PM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

9716094 

KERRY ZITO, 

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Plaintiff, 

2020L007273 

V. 

THOMAS MILLER and 

WESTERN EXPRESS, INC., 

Defendants. 

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RULE 222 AFFIDAVIT 

Your affiant, JASON,P. SCHNEIDER, as attorney for the Plaintiff, KERRY ZITO, being 

first duly sworn on oath, deposes and states as follows: 

1. That I am the attorney for the Plaintiff in the above-entitled cause of action. 

2. That upon information and belief, the total money damages sought in the aboveentitled cause of action will exceed the amount of Fifty Thousand Dollars ($50,000.00). Further, 

your affiant sayeth not. 

so», 

SUBSCRIBED & SWORN To Before Me 

This Oll» day of July, 2020 

J

= 

OHN J. MALM & ASSOCIATES, P.C. 

1730 Park Street, Suite 201 

Naperville, IL 60563 

630-527-4177 Telephone 

630-527-4178 Facsimile 

Attorney Number 38514 

Attorney for Plaintiff KERRY ZITO 

ANA FIGUEROA 

Official Seal 

Notary Public - State of Illinois 

My Commission Expires Feb 7, 2024 

® 

guJ4Jpn g a 

Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 11 of 17 PageID #:17
,see994, 

. . . : 

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<6 

...... 

Tre Hargett 

Secretary of State 

Division of Business Services 

Department of State 

State of Tennessee 

312 Rosa L. Parks A VE, 6th FL 

Nashville, TN 37243-1102 

Filing Information 

Name: WESTERN EXPRESS, INC. 

General Information 

SOS Control # 

Filing Type: 

Status: 

Duration Term: 

000232804 

For-profit Corporation - Domestic 

09/20/1990 4: 17 PM 

Active 

Perpetual 

Formation Locale: TENNESSEE 

Date Formed: 09/20/1990 

Fiscal Year Close 12 

Registered Agent Address 

ROLAND M LOWELL 

7135 CENTENNIAL PL 

NASHVILLE, TN 37209-1033 

Principal Address 

7135 CENTENNIAL PL 

NASHVILLE, TN 37209-1033 

The following document(s) was/were filed in this office on the date(s) indicated below: 

Date Filed Filing Description Image# 

03/27/2020 2019 Annual Report BO847-2840 

07/19/2019 Articles of Amendment BO736-0298 

Shares of Stock Changed From: 20,000 To: 1,498 

03/11/2019 2018 Annual Report B0669-0968 

03/27/2018 2017 Annual Report B0522-7103 

01/24/2017 2016 Annual Report B0335-6264 

04/01/2016 2015 Annual Report B0228-8695 

07/14/2015 2014 Annual Report BO128-1494 

06/02/2015 Notice of Determination BO107-0550 

02/23/2015 Merger - Survivor BO056-3063 

Qualified Survivor Control # Changed To: 000232804 

Qualified Survivor Changed To: WESTERN EXPRESS, INC. (TENNESSEE) 

Qualified Non-survivor Control # Changed To: 000589674 

Qualified Non-survivor Changed To: WESTERN LOGISTICS, INC. (TENNESSEE) 

03/26/2014 2013 Annual Report 

03/28/2013 2012 Annual Report 

12/27/2012 Articles of Amendment 

Shares of Stock Changed From: 2,000 To: 20,000 

8/17/2020 5:03:49 PM 

Exhibit B 

A0227-0966 

A0168-2578 

7126-2178 

Page 1 of 3 

Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 12 of 17 PageID #:18
Filing Information 

Name: WESTERN EXPRESS, INC. 

06/15/2012 2011 An nu al Report 

Principal Postal Code Changed From: 37209 To: 37209-1033 

06/02/2012 Notice of Determination 

05/06/2011 2010 Annual Report 

Registered Agent First Name Changed From: ISHAM To: ROLAND 

Registered Agent Middle Name Changed From: B To: M 

Registered Agent Last Name Changed From: BRADLEY To: LOWELL 

04/19/2010 2009 Annual Report 

02/25/2009 2008 Annual Report 

03/31/2008 2007 Annual Report 

03/30/2007 2006 Annual Report 

05/31/2006 2005 Annual Report 

10/06/2005 Articles of Amendment 

Registered Agent Physical Address Changed 

Registered Agent Changed 

06/28/2005 2004 Annual Report 

06/14/2005 Notice of Determination 

09/07/2004 2003 Annual Report 

06/25/2004 Notice of Determination 

05/06/2003 2002 Annual Report 

Mail Address Changed 

11/08/2002 Application for Reinstatement 

10/18/2002 2001 Annual Report 

Principal Address Changed 

09/20/2002 Dissolution/Revocation - Administrative 

06/21/2002 Notice of Determination 

05/30/2001 Merger 

Merged Control # Changed From: 000232804 

Merged Control # Changed From: 000395521 

03/14/2001 2000 Annual Report 

02/07/2000 1999 Annual Report 

Mail Address Changed 

01/07/1999 CMS Annual Report Update 

Principal Address Changed 

01/28/1998 CMS Annual Report Update 

Principal Address Changed 

8/17/2020 5:03:49 PM 

A0133-1716 

A0122-0199 

6888-1470 

A0019-0819 

6456-1120 

6271-2391 

6011-0154 

5799-1091 

5577-1598 

5490-1407 

ROLL 5484 

5227-1306 

ROLL 5171 

4808-0244 

4648-0873 

4629-0664 

ROLL 4607 

ROLL 4538 

4209-08 14 

4146-2601 

3821-0664 

3608-0841 

3443-3180 

Page 2 of 3 

Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 13 of 17 PageID #:19
Filing Information 

Name: WESTERN EXPRESS, INC. 

06/20/1995 Notice of Determination 

05/27/1993 CMS Annual Report Update 

Principal Address Changed 

08/26/1992 Administrative Amendment 

08/21/1992 Application for Reinstatement 

08/21/1992 CMS Annual Report Update 

Fiscal Year Close Changed 

06/19/1992 Dissolution/Revocation - Administrative 

03/20/1992 Notice of Determination 

09/20/1990 Initial Filing 

ROLL 3021 

2697-1449 

2534-0119 

2531-0842 

2531-0841 

ROLL 2487 

ROLL 2408 

1940-0005 

Active Assumed Names (if any) Date Expires 

8/17/2020 5:03:49 PM Page 3 of 3 

Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 14 of 17 PageID #:20
ILND 44 (Rev. 09/07/18) CIVIL COVER SHEET 

The ILND 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 

Kerry Zito 

(b) County of Residence ofFirst Listed Plaintiff Will County, IL 

-------------- 

(Except in US. plaintiff cases) 

(c) Attorneys (firm name, address, and telephone number) 

Jason Schneider, Law Offices of John J. Malm & Associates, 1730 Park Street, 

Suite 201, Naperville, IL 60563; jason@malmlegal.com; (630) 527-4177 

DEFENDANTS 

County of Residence of First Listed Defendant 

(In US. plaintiff cases only) 

Note: In land condemnation cases, use the location of the tract of land involved. 

Boone County, AR 

Attorneys (if known) 

Lew R.C. Bricker/Michael L. Wojciak, SmithAmundsen LLC, 150 N. Michigan 

Ave, Suite 3300, Chicago, IL 60601 ;(312) 894-3200; lbricker@salawus.com 

II. BASIS OF JURISDICTION (check gne box, only) 

_j I U.S. Government 

Plaintiff 

_j 2 U.S. Government 

Defendant 

0 3 Federal Question 

(U.S. Government not a party) 

~ 4 Diversity 

(Indicate citizenship of parties in Item Ill.) 

III. CITIZENSHIP OF PRINCIPAL PARTIES (For Diversity cases Only.) 

(Check one box, only for plaintiff and one box for defendant.) 

PTF DEF 

.!.I 1 _j I Incorporated or Principal Place 

of Business in This State 

Citizen of This State 

PTF 

4 

DEF 

4 

Citizen of Another State J2 s] 2 Incorporated and Principal Place _j 5 _J 5 

of Business in Another State 

Citizen or Subject of a rs 0 3 Foreign Nation D]6 Do 

Foreign Country 

IV. NATURE OF SUIT (check one box, only) 

I CONTRACT TORTS PRISONER PETITIONS LABOR OTHER STATUTES I 

0 I IO Insurance PERSONAL INJURY PERSONAL INJURY I 510 Motions to Vacate Sentence 0 710 Fair Labor Standards Act □ 375 False Claims Act 

[]120 Marine 

WWW!II 310 Airplane □ 530 General 530 General 0 720 Labor/Management Relations □ 376 Qui Tam (31 USC 3729 (a)) 

0 130 Miller Act 315 Airplane Product □ 367 Health Care/ I 535 Death Penalty 0 740 Railway Labor Act □ 400 State Reapportionment 

D 140 Negotiable Instrument Liability Pharmaceutical Habeas Corpus: 0 751 Family and Medical □ 410 Antitrust 

[]so Recovery of Overpayment e 320 Assault, Libel & Slander Personal Injury I 540 Mandamus & Other Leave Act □ 430 Banks and Banking 

& Enforcement of Judgment 330 Federal Employers' Product Liability I 550 Civil Rights 0 790 Other Labor Litigation □ 450 Commerce 

[]151 Medicare Act Liability □ 368 Asbestos Personal Injury I 555 Prison Condition 0 791 Employee Retirement □ 460 Deportation 

[]s2 Recovery of Defaulted Student - 340 Marine Product Liability I 560 Civil Detainee- Conditions Income Security Act □ 470 Racketeer Influenced and 

Loans (Excludes Veterans) 345 Marine Product Liability of Confinement Corrupt Organizations 

D]153 Recovery of Veteran's Benefits = 350 Motor Vehicle □ 480 Consumer Credit 

0 160 Stockholders' Suits 

JJ 

355 Motor Vehicle PERSONAL PROPERTY PROPERTY RIGHTS □ 485 Telephone Consumer 

[Jo Other Contract Product Liability □ 370 Other Fraud □ 820 Copyrights Protection Act (TCPA} 

0 I 95 Contract Product Liability Ao 360 Other Personal Injury □ 3 71 Truth in Lending D 830 Patent □ 490 Cable/Sat TV 

0 I 96 Franchise 

- 362 Personal Injury - □ 380 Other Personal □ 835 Patent - Abbreviated □ 850 Securities/Commodities/ 

Medical Malpractice Property Damage New Drug Application Exchange 

□ 385 Property Damage □ 840 Trademark □ 890 Other Statutory Actions 

Product Liability □ 891 Agricultural Acts 

□ 893 Environmental Matters 

I REAL PROPERTY CIVIL RIGHTS BANKRUPTCY FORFEITURE/PENAL TY SOCIAL SECURITY □ 895 Freedom of Information Act 

D] 210 Land Condemnation , 440 Other Civil Rights □ 422 Appeal 28 USC 158 ( 625 Drug Related Seizure D] 861 HIA (139511 □ 896 Arbitration 

0 220 Foreclosure 

- 441 Voting □ 423 Withdrawal 28 USC 157 of Property 21 USC 881 D 862 Black Lung (923) □ 899 Administrative Procedure 

0 230 Rent Lease & Ejectment 442 Employment 690 Other 0 863 DIWC/DIWW (405(g)) Act/Review or Appeal of 

[] 240 Tors to Land 443 Housing/ □ 864 SSID Title XVI Agency Decision 

0 245 Tort Product Liability Accommodations IMMIGRATION 0 865 RSI (405(g)) □ 950 Constitutionality of 

0 290 All Other Real Property 445 Amer. w/Disabilities - □ 462 Naturalization State Statutes 

Employment Application 

446 Amer. w/Disabilities - □ 463 Habeas Corpus - Alien FEDERAL TAXES 

Other Detainee (Prisoner Petition) □ 870 Taxes (U.S. Plaintiff 

448 Education □ 465 Other Immigration or Defendant) 

Actions □ 871 IRS-Third Party 

26 USC 7609 

V. ORIGIN (Check one box, only) 

0 I Original Iii 2 Removed from 

Proceeding State Court 

7 3 Remanded from 

Appellate Court 

[ 4 Reinstated or 

Reopened 

7 5 Transferred from [ 6 Multidistrict 1 8 Multidistrict 

Another District Litigation Litigation 

(specify) Direct File 

VI. CAUSE OF ACTION (Enter U.S. Civil Statute under which you are filing and 

write a brief statement of cause.) 

28 U.S.C. Sections 1332,1441, and 1446. 

II. PREVIOUS BANKRUPTCY MATTERS (For nature of suit 422 and 423, enter the 

ase number and judge for any associated bankruptcy matter previously adjudicated by a judge of this Court. 

Use a separate attachment if necessary.) 

VIII. REQUESTED IN 

COMPLAINT: 

D Check if this is a class action Under rule 23, Demand $ 75,000.01 

F.R.CV.P. 

Check Yes only if demanded in complaint. 

Jury Demand: [D] Yes [ill] No 

IX. RELATED CASE(S) (See instructions) 

IF ANY Judge Case Number 

X. Is this a previously dismissed or remanded case? [] Yes Ii] No If yes, Case# 

Date Signature of attorney of record 

August 25, 2020 /s/ Michael L. Wojciak 

----------------------------- 

Name of Judge 

Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 15 of 17 PageID #:21
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 ofresidence of the "defendant" is the location of the tract of land involved.) 

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this 

section "(see attachment)". 

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of 

the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. 

United States plaintiff. (I) 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 I 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. (I) 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 ofremand 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 

VII. Previous Bankruptcy Matters For nature of suit 422 and 423 enter the case number and judge for any associated bankruptcy matter previously adjudicated 

by a judge of this court. Use a separate attachment if necessary. 

VIII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, FR.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. 

IX. 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. 

X. Refiling Information. Place an "X" in the Yes box if the case is being refiled or if it is a remanded case, and indicate the case number and name of judge. If 

this case is not being refiled or has not been remanded, place an "X" in the No box. 

Date and Attorney Signature. Date and sign the civil cover sheet. 

Rev. 09/07/2018 

Case: 1:20-cv-04993 Document #: 1-1 Filed: 08/25/20 Page 16 of 17 PageID #:22
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