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)

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.