Lobaton v. Carnival Corporation et al

Filing 1

COMPLAINT CLASS ACTION filed by GARY LOBATON; Jury Demand. Filing fee $ 350, receipt number 0752-6778276. (Attachments: # 1 Civil Cover Sheet)(Kelly, Monica)

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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 GARY LOBATON, individually and on behalf of all others similarly situated (b) Carnival Corporation, Carnival PLC, Costa Crociere, S.p.A. County of Residence of First Listed Plaintiff Lima, Peru (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¶s (Firm Name, Address, and Telephone Number) Ribbeck Law Chartered 505 N. Lake Shore Drive, Suite 102 Chicago, IL 60611 Tel: (312) 822-9999 II. BASIS OF JURISDICTION (Place an ³X´ in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an ³X´ in One Box for Plaintiff (For Diversity Cases Only) PTF ■ 3 Federal Question 1 U.S. Government Plaintiff and One Box for Defendant) PTF DEF DEF Citizen of This State 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¶s Benefits 160 Stockholders¶ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise PERSONAL INJURY 362 Personal Injury² Med. Malpractice 365 Personal Injury ² 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 REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 ADA²-Employment 446 ADA ² Other 440 Other Civil Rights Original Proceeding 4 2 2 Incorporated and Principal Place of Business In Another State 5 5 3 3 Foreign Nation 6 6 FORFEITURE/PENALTY 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. 1 4 (Place an ³X´ in One Box Only) CONTRACT ■ Incorporated or Principal Place of Business In This State Citizen of Another State 4 Diversity (Indicate Citizenship of Parties in Item III) IV. NATURE OF SUIT V. ORIGIN 1 Citizen or Subject of a Foreign Country 2 U.S. Government Defendant ■ 1 (U.S. Government Not a Party) 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 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 LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt.Reporting & Disclosure Act 740 Railway Labor Act 2 Removed from State Court VIII. REQUESTED IN COMPLAINT: 3 Remanded from Appellate Court 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 IRS²Third Party 26 USC 7609 ■ ■ CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 Transferred from 5 another district (specify) 4 Reinstated or Reopened (Enter U.S. Civil Statute under which you are filing and write a brief statement of cause.) 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 $ 5million , previously dismissed by Judge SIGNATURE OF ATTORNEY OF RECORD /s/Monica R. Kelly 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 is not a refiling of a previously dismissed action. is a refiling of case number 01/26/12 PROPERTY RIGHTS 790 Other Labor Litigation 28 U.S.C. Section 1332(d)(2) DATE 423 Withdrawal 28 USC 157 (PLACE AN ³X´ IN ONE BOX ONLY) VI. CAUSE OF ACTION IX. This case BANKRUPTCY 422 Appeal 28 USC 158 CHECK YES only if demanded in complaint: ■ Yes No JURY DEMAND:

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