State of California et al v. United States Department of Transportation et al

Filing 1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-13366068.). Filed byState of California, California High-Speed Rail Authority. (Attachments: #1 Civil Cover Sheet)(O'Grady, Sharon) (Filed on 5/21/2019)

JS-CAND 44 (Rev. 06/17)

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 NEXI' PAGE OF THIS FORM.)

I. fa) PLAINTIFFS

U N ~ f } k ~ N T OF TRANSPORTATION; ELAINE L. CHAO, in her official capacity as
Secretary of the Department ofTransportation; THE FEDERAL RAILROAD ADMINISTRATION; RONALD L.
BATORY, in his official capacity as Administrator of the Federal Railroad Administration

STATE OF CALIFORNIA; and CALIFORNIA HIGH-SPEED RAIL
AUTHORITY

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

San Francisco

(IN U.S. PLAINTIFF CASES ONLY)

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

(C)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Attorneys (Firm Name, Address, and Telephone Number)

CA Department of Justice, Attorney General's Office

Sharon L. O'Grady, 455 Golden Gate Ave., Ste. 11000
S.F., CA 94102 Telephone: [phone]

II.

BASIS OF JURISDICTION (Place an "X" in One Box Only)

(For Diversity Cases Only)

U.S. Government Defendant . 4

NATURE OF SUIT

and One Box for Defendant)

PTF

Federal Question
(U.S. Govemment Not a Party)

U.S. Government Plaintiff

IV.

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box/or Plaintiff
DEF

Citizen of This State

1

Citizen of Another State

Diversity
(Indicate Citizenship of Parties in Item III)

.2

•

2

•

Citizen or Subject of a
Foreign Country

PTF
Incorporated or Principal Place
of Business In This State
Incorporated and Principal Place
of Business In Another State
Foreign Nation

3

DEF
.4

(Place an "X" in One Box Only)

10 Insurance
PERSONAL INJURY· <·
25 Drug Related Seizure of
PERSONAL INJURY
a120Marine
Personal Injury-Product Ill; Property 21 USC§ 881
.130 Miller Act
15 'Airplane Product Liability
Liability
90 Other
.140 Negotiable Instrument
20 Assault Libel & Slander .367 Health Care/
· '
,
Pharmaceutical Personal
.150 Recovery of
30 Federal Employers
rn· p fO dUCt L"1ab"J"ty
Liability
Jury
II
Overpayment Of
20 Labor/Management·
Veteran's Benefits
40 Marine
.368 Asbestos ~er~~nal Injury
Relations
Product Liab1hty
Medicare Act
45 Marine Product Liability
40 Railway Labor Act
PERSONAL PROPERTY
Recovery of Defaulted
51 Family and Medical
Student Loans· (Excludes
Other Fraud
Leave Act
55 Motor Vehicle Product
Veterans)
Truth in Lending
,
Liability
90 Other Labor Litigatio1i
Recovery of
Other Personal Property
91 Employee Retirement
. 60 Other Personal Injury
Overpayment
Damage
Income Security Act
jE362 Personal Injury -Medical
of Veteran's Benefits
.385 Property Damage Product
Malpractice
.160 Stockholders' Suits
Liability
90 Other Contract
62 Naturalization
Application
.195 Contract Product Liability
HABEAS CORPUS
.65 Other Immigration
.196 Franchise
·
41 Voting
;lk63 Alien Detainee
Actions
42 Employment
ills10 Motions to Vacate
11210 Land Condemnation
43 Housing/
Sentence
Accommodations
ils3o General
.220 Foreclosure
5 Amer. w/Disabilitiesills35 Death Penalty
.230 Rent Lease & Ejectment
Employment
OTHER, ..
• 240 Torts to Land
:,446 Amer. ':/Disabilities-Other D 4o Mandamus & Other
.245 Tort Product Liability
448 Educat10n
D5o Civil Rights
.290 All Other Real Property

22 Appeal 28 USC § 158

J.123 Withdrawal 28 USC
§ 157

lfh

0 Ta,ces (U.S. Plaintiff or
Defendant)
•
.71 IRS-Third Party 26 USC
§ 7609

!Ii

400 State Reapportionment
41 O Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced &
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Fr'eedom oflnfonnation
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of State
Statutes

!lils55 Prison Condition .
llfs6o Civil DetaineeConditions of
Confmement

V.

II 1
VI.

ORIGIN
Original
Proceeding

(Place an "X" in One Box Only)
. 2 Removed from
State Court

.4

Reinstated or
Reopened

•

5 Transferred from
•
Another District (specify)

6

Multidistrict
•
Litigation-Transfer

8 Multidistrict
Litigation-Direct File

CAUSEOF
ACTION

VII.

CHECK YES only if demanded in complaint:
JURYDEMAND:
.Yes
IINo

CHECK IF THIS IS A CIASS ACTION
UNDER RULE 23, Fed. R. Civ. P.

VIII. REIATED CASE(S),
IF ANY (See instructions):
IX.

Remanded from
Appellate Court

JUDGE

DOCKET NUMBER

DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
i SAN FRANCISCO/OAKLAND

(Place an "X" in One Box Only)

DATE

SIGNATURE OF ATIORNEY OF RECORD

SANJOSE

EUREKA-MCKINLEYVILLE

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 ofresidence of the "defendant" is the location of the tract ofland 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.