Professional Documents
Culture Documents
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Case No. :
CLASS ACTION
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Plaintiff,
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2o
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vs.
UBER TECHNOLOGIES INC.,
a
Delaware Corporation; RASIER, LLC, a
Delaware limited liability companyd
HIREASE, LLC, a Florida limite
liability company; and DOES 1 to 100,
Inclusive
Defendants.
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COMPLAINT FOR:
I. Violation of 15 U.S.C.
1681 b(b )(2)(A) (Fair Credit
Reporting Act);
2. Violation of 15 U.S.C.
168ld(a)(l) and 168lg(c) (Fair
Credit Reporting Act);
3. Violation of California Civil Code
1786 et seq. (Investigative
Consumer Reporting Agencies
Act)
4. Violation of California Civil Code
1785 et seq. (Consumer Credit
Reporting Agencies Act)
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1~----------------------------~
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INTRODUCTION
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alleged violations of the Fair Credit Reporting Act ("FCRA") and similar
California laws.
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other prospective, current and former employees and use information from credit
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and background reports in connection with their hiring process without complying
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with the law. Plaintiff, individually and on behalf of all others similarly situated
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Act ("ICRAA") (Cal. Civ. Code 1786, et seq.), and the California Consumer
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Credit Reporting Agencies Act ("CCRAA") (Cal. Civ. Code 1785, et seq.).
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PARTIES
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5.
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organized and existing under the laws of Delaware and also a citizen of California
based on Plaintiffs information and belief.
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organized and existing under the laws of Delaware and also a citizen of California
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company organized and existing under the laws of Florida and also a citizen of
California based on Plaintiff's information and belief.
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DOES 1-1 00, inclusive, but is informed and believes and thereon alleges that said
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defendants are legally responsible for the wrongful conduct alleged herein and
therefore sues these defendants by such fictitious names. Plaintiff will amend the
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Complaint to allege the true names and capacities of the DOE defendants when
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ascertained.
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10.
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relevant times herein, all Defendants were the agents, employees and/or servants,
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hereinafter alleged, were acting within the course and scope of such agency or
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employment, and with the approval and ratification of each of the other
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Defendants.
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Plaintiff alleges that each and every one of the acts and omissions
alleged herein were performed by, and/or attributable to, all Defendants, each
acting as agents and/or employees, and/or under the direction and control of each
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of the other defendants, and that said acts and failures to act were within the
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course and scope of said agency, employment and/or direction and control.
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CLASS ALLEGATIONS
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This action has been brought and may be maintained as a class action
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FCRA Class:
prospective applicants for employment in the United States who applied for a job
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with Defendants at any time during the period beginning five years prior to the
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filing of this action and ending on the date that final judgment is entered in this
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action.
B.
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ICRAA Class:
prospective applicants for employment in California, at any time during the period
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beginning five years prior to the filing of this action and ending on the date that
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prospective applicants for employment in California, at any time during the period
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beginning seven years prior to the filing of this action and ending on the date that
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joinder of each individual class member is impractical. While Plaintiff does not
currently know the exact number of class members, Plaintiff is informed and
believes that the actual number exceeds the minimum required for numerosity
under California law.
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15.
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fact exist as to all class members and predominate over any questions which affect
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only individual class members. These questions include, but are not limited to:
A.
B.
C.
D.
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claims. Plaintiff is informed and believes and thereon alleges that Defendants have
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vigorously prosecuting this action on behalf of class members. Plaintiff will fairly
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counsel in that they have no known conflicts of interest with Plaintiff or absent
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class members, are experienced in class action litigation and are dedicated to
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vigorously prosecuting this action on behalf of Plaintiff and absent class members.
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means for fair and efficient adjudication of class members' claims and would be
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beneficial to the parties and the Court. Class action treatment will allow a number
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relatively small and would thus make it difficult, if not impossible, for individual
class members to both seek and obtain relief. Moreover, a class action will serve
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Defendant Uber and Defendant Rasier have their principal place of business in
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this District.
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because a substantial part of the events and omissions giving rise to this action
occurred in this District.
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FCRA
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alleged herein.
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FCRA.
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report" as:
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and
usmg
consumer
reports
for
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l.
ll.
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in evaluating him and other class members for employment, Defendants procured
or caused to be prepared credit and background reports (i.e., a consumer report
and/or investigative consumer report, as defined by 15 U.S .C. 1681 a(d)(l )(B)
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required him to fill out and sign a Document entitled "Disclosure/ Authorization
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"Rasier, LLC ("Rasier") may now, or at any time while you are an
independent transportation provider ("Transportation Provider"), with an
independent contractor relationship ("I/C/ Relationship") with Rasier, verify
information within your proposal to enter an I/C/ Relationship, resume or
contract by obtaining a consumer report and/or investigative consumer
report from a consumer reporting agency. The verifications and/or checks
may include but are not limited to: driving records, workers compensation
records (in compliance with the ADA or other applicable law), credit
bureau files, employment references, personal references, any educational
and licensing institutions records, and any criminal records information
pertaining to you which may be in the files of any federal, state or local
criminal justice agency in any state. These reports may include information
as to your general reputation, character, personal characteristics, or mode of
living. You have the right ot request, in writing, the nature and scope of
any investigative consumer report conducted by Hirease, Inc. on behalf of
. ... "
Ra1ser
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unless the disclosure is made in a document that consists solely of the disclosure
and the consumer has authorized, in writing, the procurement of the report. 15
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single document, the Federal Trade Commission ("FTC") has warned that the
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In a report dated July 2011, the FTC reiterated that: "the notice
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information, such as a request for a consumer' s waiver of his or her rights under
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the FCRA."
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disregarded the FTC's regulatory guidance and violated Section 1681 b(b )(2)(A)
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of the FCRA. Additionally, the inclusion of the extraneous provisions causes the
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disclosure to fail to be "clear and conspicuous" and "clear[] and accurate[]," and
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36.
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IS
(a)
(b)
credit and background checks in the process of employing the class members
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(c)
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summary of their rights under the FCRA at the same time as the disclosure
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the FCRA including, but not limited to, 168lb(b)(2)(A) and 168ld(a).
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Defendants' willful conduct is reflected by, among other things, the facts set forth
above.
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Plaintiff and class members have been injured including, but not limited to, having
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willful, Plaintiff alleges that the violations were negligent and seeks the
appropriate remedy, if any, under 15 U.S.C. 168lo, including actual damages
and attorneys' fees and costs.
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OFFCRA
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alleged herein.
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(3)
(4)
(5)
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alleged herein.
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report" as:
a consumer report in which information on a consumer's
character, general reputation, personal characteristics, or mode
of living is obtained through any means.
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report may procure the report, or cause the report to be made, only if all
of the following apply:
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(B) The person procuring or causing the report to be made provides a clear
and conspicuous disclosure in writing to the consumer at any time before
the report is procured or caused to be made in a document that consists
solely ofthe disclosure, that:
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(v) Notifies the consumer in writing of the nature and scope of the
investigation requested, including a " of the provisions of Section
1786.22.
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(vi) Notifies the consumer of the Internet Web site address ofthe
investigative consumer reporting agency identified in clause (iv), or,
if the agency has no Internet Web site address, the telephone
number of the agency, where the consumer may find information
about the investigative reporting agency's privacy practices, including
whether the consumer's personal information will be sent outside the
United States or its territories and information that complies with
subdivision (d) of Section 1786.20. This clause shall become
operative on January I, 2012.
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(C) The consumer has authorized in writing the procurement of the report.
(Emphasis added.)
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54.
Report" ("Authorization").
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"Rasier, LLC ("Rasier") may now, or at any time while you are an
independent transportation provider ("Transportation Provider"), with an
independent contractor relationship ("I/C/ Relationship") with Rasier, verify
information within your proposal to enter an I/C/ Relationship, resume or
contract by obtaining a consumer report and/or investigative consumer
report from a consumer reporting agency. The verifications and/or checks
may include but are not limited to: driving records, workers compensation
records (in compliance with the ADA or other applicable law), credit
bureau files, employment references, personal references, any educational
and licensing institutions records, and any criminal records information
pertaining to you which may be in the files of any federal, state or local
criminal justice agency in any state. These reports may include information
as to your general reputation, character, personal characteristics, or mode of
living. You have the right ot request, in writing, the nature and scope of
any investigative consumer report conducted by Hirease, Inc. on behalf of
. ... "
Ratser
Because the purported disclosures are embedded with extraneous
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unless the disclosure is made in a document that consists solely of the disclosure
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and the consumer has authorized, in writing, the procurement of the report. Cal.
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provisions causes the disclosure to fail to be "clear and conspicuous" and thus
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violates 1786.16(a)(2)(B).
Nokchan v. Uber Technologies, Inc., et a!
58.
Based upon facts that are likely to have evidentiary support after a
background checks to be procured for Plaintiff and class members without first
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ICRAA was and is willful and/or grossly negligent. Defendants acted in deliberate
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(d)
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(e)
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credit and background checks in the process of employing the class members
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(f)
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by way of their inadequate disclosures, as set forth above, Plaintiff and class
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members have been injured including, but not limited to, having their privacy and
statutory rights invaded in violation of the ICRAA.
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damages and/or actual damages, punitive damages, and attorneys' fees and costs.
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were willful or grossly negligent, Plaintiff alleges that the violations were
negligent and seeks the appropriate remedy, if any, under Cal. Civ. Code
CCRAA
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alleged herein.
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meaning Section 1785.3(b) of the CCRAA, because they are "natural individuals."
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Section 1024.5 of the Labor Code for use ofthe report. The notice
shall also inform the person ofthe source of the report ...
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(Emphasis added.)
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prepared consumer credit reports (e.g. credit reports), as defined by Cal. Civ.
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Code 1785.3(c).
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required him to fill out and sign a Document entitled "Disclosure/ Authorization
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Report" ("Authorization").
In pertinent part the one page Authorization states:
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"Rasier, LLC ("Rasier") may now, or at any time while you are an
independent transportation provider ("Transportation Provider"), with an
independent contractor relationship ("1/C/ Relationship") with Rasier, verify
information within your proposal to enter an I/C/ Relationship, resume or
contract by obtaining a consumer report and/or investigative consumer
report from a consumer reporting agency. The verifications and/or checks
may include but are not limited to: driving records, workers compensation
records (in compliance with the ADA or other applicable law), credit
bureau files, employment references, personal references, any educational
and licensing institutions records, and any criminal records information
pertaining to you which may be in the fi les of any federal, state or local
criminal justice agency in any state. These reports may include information
as to your general reputation, character, personal characteristics, or mode of
living. You have the right to request, in writing, the nature and scope of
any investigative consumer report conducted by Hirease, Inc. on behalf of
Raiser .. ."
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subdivision (a) of Section 1024.5 of the Labor Code for use of the credit report.
Nor does the Authorization identify the source of any credit report. Both of these
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Based upon facts that are likely to have evidentiary support after a
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procured for Plaintiff and class members without first providing a written notice in
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reckless disregard of their obligations and the rights of applicants and employees,
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including Plaintiff and class members. Defendants' willful conduct is reflected by,
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(g)
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(h)
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credit checks in the process of employing the class members which, although
defective, evidences Defendants' awareness of and willful failure to follow the
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(i)
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failure to include the provisions identified above violates the CCRAA's notice
requirements, and that the notice must identify the specific basis under subdivision
(a) of Section 1024.5 of the Labor Code for use of the credit report and must
identify the source of any credit report.
Nokchan v. Uber Technologies. Inc., et a/
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way of their inadequate notice, as set forth above, Plaintiff and class members
have been injured including, but not limited to, having their privacy and statutory
rights invaded in violation of the CCRAA.
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were willful, Plaintiff alleges that the violations were negligent and seeks the
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appropriate remedy, if any, under Cal. Civ. Code 1785.31 (a)(l ), including but
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D. Statutory penalties;
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E. Civil penalties;
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F. Punitive damages;
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G. Costs of suit;
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H. Interest;
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II
II
Nokchan v. Uber Technologies. Inc. , et a/
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Respectfully submitted,
SETAREH LAW GROUP
By~==~~~~~~~
SHAUN SETAREH,
Attorney for Plaintiff,
MICHAEL NOKCHAN, on behalf of
himself, and all others similarly situated
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T:.c JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadin ~s or other papers as required by law, except as
provided by local rules of court Thts fonn , approved by the Judtcial Conference of the Umted States m September 1974, is reqUired for the use of the Clerk of Court for the
purpose of mttiaung the civil docket sheet (SEE INS/Rl crmNS ON 11'/:Xr !'AUF OF 1 HIS 10/Ut J
I. (a) PLAINTIFFS
DEFENDANTS
(b)
NOTE.
0 I
02
U.S Govemment
Plaontoff
~ 3
U.S Govemmem
Defendant
04 Diversity
Federal Question
(US. Gooernment Not a Part;~
OEF
PTF
0 I
PTF
C auzen or SubJCCI of a
Foreogn '<atoon
OEF
0 4
0 5
6
0 6
forc:u!n Counrrv
II 0 Insurance
120 Marine
130 Miller Act
140 Ncgotoable Instrument
I 50 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
I53 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Loabiloty
196 Franchise
0 310 Airplane
0 3 15 Airplane Product
0
0
0
0
0
0
0
0
Product Liabolity
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-
28 usc 157
0 820 Copyoights
0 8:10 Patent
0 840 Trademark
0 710 Fair Labor Standards
0
0
0
0
0
Act
0 720 Labor/Management
Relatoons
0 740 Raolway Labor Act
0 75 I Famoly ao1d Medical
0
0
0
0
0
0
0
0
0
0
0
0
Habus Corpus:
463 Aloen Detaonee
510 I\lotions to Vacate
Sentence
530 General
535 Death Penalty
Othrr:
540 Mandamus & Other
550 Covil Rights
555 Prison Condition
560 Civil Detainee-
861 HIA (
862 Black Lung (923)
863 DIWC/01\VW (405(g))
86-1 SSID Totle X\"1
865 RSI (405(g)J
0
0
0
0
0
Act
Lea\'C Acl
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0
0
0
0
0
0
0
0
0
0
0
0
0
0 896 Arbotratoon
0 899 Adnmoistrattvc Procedure
Act!Revoew or Appeal of
Agency Decision
0 950 Constitutionality of
State Statutes
Condition s of
Confinemcnc
Proceeding
0 2 Removed from
State Court
Remanded from
Appellate Court
0 4 Rctnstated or
Reopened
0 6 Multidislnct
Lttigation
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VII. REQUESTED IN
~ CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23. F.R Cv P
COMPLAINT:
VIII. RELATED CASE(S)
(.<;ee instruc /lons):
IF ANY
JUDGE
DATE
DEMANDS
JURY DEMAND:
DOCKET NUMBER
SIGNATURESTTORNEV OF RECORD
06/29/2015
IX. DIVISIONAL ASSIGNMENT (Civil L. R. 3-2)
(Place an "X" in One Box Only)
SAN FRANCISCO/OAKLA ND
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AN JOSE
EUREKA
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