Padron et al v. Wal-Mart Stores, Inc., d/b/a Walmart
Filing
2
CIVIL Cover Sheet (Foote, Robert)
CIVIL COVER SHEET
The 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 isrequired 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.)
(a) PLAINTIFFS
DEFENDANTS
ROLANDO PADRON, BOBIRT R. MIRANDA and EUSEBIO R.
CALZADA, individually and on behalf of all others similarly situated
(b)
WAL-MART STORES, INC., d/b/a WALMART
County of Residence of First Listed Plaintiff
(EXCEPT IN U.S. PLAINTIFF CASES)
County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(c)
Attorneys (If Known)
Attorney’(Firm Name, Address, and Telephone Number)
s
FOOTE, MEYERS, MIELKE & FLOWERS, LLC
3 North Second Street, Suite 300
St. Charles, IL 60174
Tel.: (630) 232-6333
II. BASIS OF JURISDICTION
(Place an “ in One Box Only)
X”
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “ in One Box for Plaintiff
X”
(For Diversity Cases Only)
PTF
s
1 U.S. Government
Plaintiff
and One Box for Defendant)
PTF
DEF
DEF
Citizen of This State
1
1
Incorporated or Principal Place
of Business In This State
4
4
4 Diversity
(Indicate Citizenship of Parties
in Item III)
Citizen of Another State
2
2
Incorporated and Principal Place
of Business In Another State
5
5
Citizen or Subject of a
Foreign Country
2 U.S. Government
Defendant
3 Federal Question
(U.S. Government Not a Party)
3
3
Foreign Nation
6
6
(Place an “ in One Box Only)
X”
IV. NATURE OF SUIT
CONTRACT
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans (excl. vet.)
153 Recovery of Overpayment
of Veteran’Benefits
s
160 Stockholders’
Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
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 Inj.
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
V. ORIGIN
s 1
Original
Proceeding
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
730 Labor/Mgmt.Reporting
& Disclosure Act
740 Railway Labor Act
820 Copyrights
830 Patent
840 Trademark
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)
791 Empl. Ret. Inc.
Security Act
871 IRS—Third Party
26 USC 7609
(PLACE AN “ IN ONE BOX ONLY)
X”
2
VIII. REQUESTED IN
COMPLAINT:
Removed from
State Court
3
Remanded from
Appellate Court
(Enter U.S. Civil Statute under which you are filing and write
a brief statement of cause.)
s CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
Transferred from
5 another district
(specify)
4 Reinstated or
Reopened
Appeal to District
Judge from
7 Magistrate
Judgment
suit 422 and 423, enter the case number and judge for any associated
bankruptcy matter perviously adjudicated by a judge of this Court. Use a
separate attachment if necessary)
DEMAND $
s is not a refiling of a previously dismissed action.
, previously dismissed by Judge
SIGNATURE OF ATTORNEY OF RECORD
/s/Robert M. Foote
6 Multidistrict
Litigation
OTHER STATUTES
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce/ICC Rates/etc.
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Satellite TV
810 Selective Service
850 Security/Commodity/Exch.
875 Customer Challenge
12 USC 3410
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
890 Other Statutory Actions
VII. PREVIOUS BANKRUPTCY MATTERS (For nature of
In Excess of Five (5) Million
is a refiling of case number
10/15/10
PROPERTY RIGHTS
790 Other Labor Litigation
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et
seq. and the Civil Rights Act of 1866, as amended, 42 U.S.C. §§ 1981 &
1981(A).
DATE
423 Withdrawal
28 USC 157
LABOR
510 Motions to Vacate
Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
VI. CAUSE OF ACTION
IX. This case
422 Appeal 28 USC 158
710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
PRISONER PETITIONS
441 Voting
s 442 Employment
443 Housing/
Accommodations
444 Welfare
445 ADA—-Employment
446 ADA — Other
440 Other Civil Rights
BANKRUPTCY
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
CHECK YES only if demanded in complaint:
s Yes
No
JURY DEMAND:
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