LATHAM & WATKINS LLP v. EVERSON

Filing 1

Attachment 1
COMPLAINT against MARK W. EVERSON ( Filing fee $ 350, receipt number 4616003424) filed by LATHAM & WATKINS LLP. (Attachments: # 1 Civil Cover Sheet)(td, )

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LATHAM & WATKINS LLP v. EVERSON Doc. 1 Att. 1 Case 1:07-cv-00642-JMF JS-44 Document 1-2 Filed 04/06/2007 Page 1 of 2 CIVIL COVER SHEET (Rev.l/05 Dcl 1(a) PLAINTIFFS LATHAM & WATKINS, LLP DEFENDANTS MARK W. EVERSON COMMISSIONER OF INTERNAL REVENUE (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF DC COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT DC (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: IN LAND (IN U.S. PLAINTIFF CASES ONLY) CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED ATTORNEYS (c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) SUSAN SEABROOK, LATHAM & WATKINS, LLP 555 ELEVENTH STREET NW, SUITE 1000 (IF KNOWN) WASHINGTON, DC 20004, 202-637-2200 II. BASIS OF JURISDICTION III CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN FOR PLAINTIFF AND ONE BOX FOR x IN ONE BOX (PLACE 0 AN x IN ONE BOX ONLY) Federal DEFENDANT) FOR DIVERSITY CASES ONLY! PTF DFT PTF DFT I U.S. Government Plaintiff ~3 Question Not a (U.S. Government Party) Citizen of this State C 1 D I Incorporated or Principal Place 04 0 4 of Business in This State o 2 U.S. Government Defendant 04 Diversity (Indicate Citizenship of Parties in item III) Citizen of Another State Citizen or Subject Foreign Countiy 0 2 0 2 Incorporated and Principal Place 0 5 0 5 of Business in Another State of a 0 3 0 3 Foreign Nation 0 6 0 6 IV. CASE ASSIGNMENT AND NATURE OF SUIT (Place o a X in one category, A-N, that best represents your 0 cause of action and one in a corresponding 0 D. Nature of Suit) A. Antitrust B. Personal Injury/ Malpractice Product 0 C. Administrative Review 151 Medicare Act Agency 0310 C 410 Antitrust o 315 320 Airplane Airplane 0 Liability Social Security: 0 0 Temporary Restraining Order/Preliminary Injunction 0 0330 Federal 0 0 0 Assault, Libel & Slander Employers Liability 861 HIA 862 863 340 Marine 345 Marine Product Liability Liability 0 0 0 ((1395ft) Black Lung (923) DIWC/DIWW (405(g) Any . nature of suit from any category may be selected for this category of case assignment. 350 Motor Vehicle 355 Motor Vehicle Product 360 Other Personal 864 SSID Title XVI 0 0 o o 865 RSI (405(g) *(If Antitrust, then A governs)* 362 Medical 365 0 368 Injury Malpractice Product Liability Asbestos Product Liability Other Statutes 0 891 Agricultural Acts 0 o 892 Economic Stabilization Act 893 Environmental Matters 894 0 0 890 Other Energy Allocation Act Statutory Actions (If Administrative Agency is Involved) o E. Ge, seral Civil (Other) OR 0 F. Pro Se General Civil Forfeiture/Penalty 28 USC 158 0 0 0 Real Property o 0 0 Bankruptcy 0 0 210 Land Condemnation 422 Appeal 610 Agriculture 0 470 Racketeer Influenced & Corrupt 220 Foreclosure 230 Rent, Lease & 240 Torts to Land 245 Tort Product 423 Withdrawal 28 USC 157 620 Other Food 625 &Drug 0 0 0 Organizations 480 Ejectment Prisoner Petitions 0 Drug Related Seizure of Consumer Credit Cable/Satellite TV Selective Service 0 o Property 0 21 USC 881 490 810 850 0 290 All Other Liability Real Property 535 Death Penalty 0 0 540 Mandamus & Other 550 Civil 0 0 0 630 Liquor Laws 640 RR & Truck 650 Airline 0 Securities/Commodities! Rights Personal Property 0 0 555 Prison Condition 660 370 Other Fraud 371 Regs Occupational Safety/Health Exchange 0 875 Customer 3410 Challenge 12 USC 0 o 0 Truth in 380 Other Personal 385 Lending Property Damage Prope rty Damage Product Liability Property Rights 0 0 0 0 690 Other 0 900 820 Copyrights 0 830 Patent 950 Appeal of fee determination under equal access to Justice Constitutionality of State Statutes Other 840 Trademark Other Statutes 0 400 State Federal Tax Suits 0 0 or Reapportionment 430 Banks & Banking 450 Commerce/ICC 0 890 Statutory Act Actions (if not or administrative agency review 870 Taxes (US plaintiff defendant 871 0 Privacy Rates/etc. 0 0 IRS-Third Party 26 460 Deportation USC 7609 Dockets.Justia.com Case 1:07-cv-00642-JMF o Document 1-2 0 Filed 04/06/2007 Page 2 of 2 0 G. Habeas 2255 530 Habeas Corpus/ 0 H. Employment Discrimination I. FOIA/PRJVACY J. Student Loan 152 ACT ~ 895 Freedom 0 0 o Corpus-General 0442 Civil 510 Motion/Vacate Sentence Rights-Employment (criteria: race, gender/sex, national origin, discrimination, disability age, religion, retaliation) Se, select this of Information Act Actions 0 890 Other Statutory (if Privacy Act) Recovery of Defaulted Student Loans (excluding veterans) *(If pro deck)* *(lf pro Se, select this deck)* o K. Labor/ERISA 0 L. Other Civil (non-employment) 0 0 0 Rights (non-employment) 0 M. Contract 110 Insurance 120 Marine 130 Miller Act 0 N. Three-Judge Court o 710 Fair Labor Standards Act 720 0441 0441 Civil Labor/Mgmt. 730 Labor/Mgmt. Reporting & Disclosure Act 740 Labor 790 Relations 0 0 0 Voting (if not Voting Rights Act) 443 Housing/Accommodations 444 Welfare 440 Other Civil 0 0 Rights-Voting (if Voting Rights Act) 0 0 140 150 0 O O 791 Railway Act Other Labor Litigation EmpI. Ret. Inc. Security Rights 0 0 445 Act American w/Disabilities 153 Employment 0446 Americans w/Disabilities 0 Negotiable Instrument Recovery of Overpayment Enforcement of Judgment Recovery of Overpayment Veterans Benefits Suits & of Other 0 160 Stockholders 190 Other Contracts 195 Contract Product Franchise 0 Liability 0 196 V. ORIGIN ~I Original Proceeding 0 2 Removed from State 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from another district 0 Multi district 0 7Appeal District from to Appellate Court Reopened Litigation Court (specify) Judge Mag. Judge 5 U.S.C. section 552 VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.) Freedom of Information Act seeking injunctive and other appropriate relief, including the disclosure and release of - agency records, consisting of IN all materials subject to disclosure VII. REQUESTED C OMPLAINT CHECK IF THIS IS A CLASS a DEMAND $ Check YES only if demanded in 0 complaint ~ ACTION UNDER F.R.C.P. 23 JURY DEMAND: YES NO VIII. RELATED IF ANY 4/6/2007 CASE(S) (See instruction) 0 YES NO If yes, please complete related case form. DATE SIGNATURE OF ATTORNEY OF RECORD INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44 Authority for Civil Cover Sheet cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleadings or other papers as required by 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. Listed below are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the Cover Sheet. The JS-44 civil as law, except I. COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT Washington, D.C.; Ill. 88888 if plaintiff is resident of the United States but not of (b) County of residence: Use 11001 to indicate plaintiff is resident of Washington, D.C., and 99999 if plaintiff is outside the United States. was CITIZENSHIP OF PRINCIPAL PARTIES: This section is II. completed ~ if diversity of citizenship selected as the Basis of Jurisdiction under Section IV. CASE ASSIGNMENT AND NATURE OF SUIT: of action found in your the category of case. The primary cause complaint. You may select assignment of a judge to your case will depend on only one category. You must also select one the category you select that best represents the corresponding nature of suit found under VI. CAUSE OF ACTION: Cite the US Civil Statute under which you RELATED are filing and write a brief statement of the primary cause. VIII. CASES, IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from the Clerks Office. Because of the need for accurate and complete information, you should ensure the accuracy of the information provided prior to signing the form.

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