American Traffic Solutions Incorporated v. Lenza et al

Filing 1

COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-5328764, filed by American Traffic Solutions Incorporated (submitted by John Blanchard). (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(REK)

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CIVIL COVER SHEET JS 44 (Rev. 12-07) 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. The 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 THE REVERSE OF THE FORM.) I. (a) DEFENDANTS PLAINTIFFS Michael J. Lenza, an individual; Public Finance Strategies, LLC, a Delaware Limited Liability Company; and Photo Enforcement Consultants, LLC, a Delaware Limited Liability Company American Traffic Solutions, Inc., a Kansas corporation (b) County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES) (c) County of Residence of First Listed Defendant: Worcester Attorney’s (Firm Name, Address, and Telephone Number) Scott W. Rodgers John L. Blanchard Kristin L. Windtberg OSBORN MALEDON, P.A. 2929 North Central Avenue, Suite 2100 Phoenix, Arizona 85012-2793 II. (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED. Attorneys (If Known) 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) 1 U.S. Government Plaintiff 3 Federal Question (U.S. Government Not a Party) and One Box for Defendant) PTF 1 DEF 1 Citizen of Another State 2 2 Citizen or Subject of a Foreign Country 3 3 Citizen of This State 2 U.S. Government Defendant Item III) 4 Diversity (Indicate Citizenship of Parties in PTF 4 DEF 4 Incorporated and Principal Place of Business In Another State 5 5 Foreign Nation 6 6 Incorporated or Principal Place of Business In This State IV. NATURE OF SUIT (Place An “X” in One Box Only) CONTRACT 110 120 130 140 150 TORTS Insurance Marine Miller Act Negotiable Instrument Recovery of Overpayment & Enforcement of Judgment Medicare Act Recovery of Defaulted Student Loans (Excl. Veterans) Recovery of Overpayment of Veteran’s Benefits Stockholders’ Suits Other Contract Contract Product Liability Franchise 151 152 153 160 190 195 196 REAL PROPERTY 210 220 230 240 245 290 V. FORFEITURE/PENALTY PERSONAL INJURY 362 Personal Injury - Med. Malpractice 365 Personal Injury - Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability CIVIL RIGHTS Land Condemnation Foreclosure Rent Lease & Ejectment Torts to Land Tort Product Liability All Other Real Property ORIGIN 1 Original 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 PRISONER PETITIONS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition BANKRUPTCY OTHER STATUTES 610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 881 630 Liquor Laws 640 R.R. & Truck 650 Airline Regs. 660 Occupational Safety/ Health 690 Other 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS LABOR SOCIAL SECURITY 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/ Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900 Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes 820 Copyrights 830 Patent 840 Trademark 710 Fair Labor Standards Act 861 HIA (1395ff) 720 Labor/Mgmt. Relations 862 Black Lung (923) 730 Labor/Mgmt. Reporting 863 DIWC/DIWW & Disclosure Act (405(g)) 740 Railway Labor Act 864 SSID Title XVI 790 Other Labor Litigation 865 RS1 (405(g)) 791 Empl. Ret. Inc. Security FEDERAL TAX SUITS Act 870 Taxes (U.S. Plaintiff or Defendant) IMMIGRATION 871 IRS – Third Party 26 462 Naturalization USC 7609 Application 463 Habeas Corpus – Alien Detainee 465 Other Immigration Actions (Place an “X” In One Box Only) 2 Removed from Proceeding State Court VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY 3 Remanded from Appellate Court 4 Reinstated or 5 Transferred from 6 Multidistrict Reopened another district (specify) Litigation 7 Appeal to District Judge from Magistrate Judgment Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 28 U.S.C. §1332. Brief description of cause: CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P 23 (See instructions): DATE DEMAND $ JUDGE ________________________ CHECK YES only if demanded in complaint: JURY DEMAND: YES NO DOCKET NUMBER ___________________ SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY RECEIPT # _____________ AMOUNT _______________ APPLYING IFP________________ JUDGE _______________ MAG. JUDGE _______________ JS 44 Reverse (Rev. 12/07) 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 of residence of the “defendant” is the location of the tract of land involved.) (c) Attorneys. Enter 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)”. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.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. II. 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; 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. 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 clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. IV. V. Origin. Place an “X” in one of the seven 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. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision. 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 VI. 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 dollar amount (in thousands of dollars) 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. 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. VIII. Date and Attorney Signature. Date and sign the civil cover sheet.

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