Hinds v. United States Government

Filing 55

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs Hybrid Pleading Making a Conscientious Effort to Comply with Courts Orders Manifesting an Amended Complaint (ECF No. 44 ) is construed as an amended complaint. IT IS FURTHER ORDERED that Defendant United States Governments Motion to Strike Filings or, in the Alternative, for an Extension of time (ECF No. 51 ) is GRANTED IN PART and DENIED IN PART. Defendant is ordered to file a responsive pleading within sixty (60) days of this O rder. IT IS FURTHER ORDERED that Plaintiffs First Motion to Review, Alter, Amend, or Vacate Orders Pursuant to Plaintiffs Free Exercise of Pure Speech of Religious Beliefs and/or, in the Alternative, For Relief from Orders Pursuant to Fed. R. Civ. P. Rule 60(b)(6) (ECF No. 38 ) is DENIED as moot. IT IS FURTHER ORDERED that the Clerk of the Court will change the Cause listed on the docket sheet to reflect that the matter is brought pursuant to § 1983. IT IS FINALLY ORDERED that the Clerk of Court will mail a blank civil cover sheet and civil nature of suit code descriptions sheet to Plaintiff. Signed by District Judge Audrey G. Fleissig on 07/11/2017. (Attachments: # 1 Attachment)(KCB)

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CIVIL COVER SHEET JS 44 (Rev. 06/ 17) The JS 44 civil cover sh eet and the information contained herein neith er replace nor supplement the filing and service of pleadings or other papers as required by law, except as prov ided by local rules of court. This form, approved by the Judicia l Conference of the United States in September 1974, is req uired for the u se of th e Clerk of Court for the purpose of initiating the c ivi l docket sheet. (SEE INSTR UCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS {b) DEFENDANTS County of Residence of First Listed Plaintiff Co unty of Res idence o f First L isted Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (TN U.S. PLAINTIFF CASES ONL Y) NOTE: (c) Attorneys (If Known) Attorneys (Firm Nam e, Address, and Telephone Number) II. BASIS OF JURISDICTION (Placean "X"inOneBoxOnlyJ 0 I 0 3 U.S. Government III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an (For Diversity Cases Only) PTF C itizen of This State 0 I Federal Question (U.S. Government Not a Party) Plaintiff IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. "X " in One Box/or Plaintiff and One Box/or Defendant) PTF DEF Incorporated or Principal Place 0 4 0 4 of Business In This State DEF 0 0 4 U.S. Government Defendant Citizen of Another State Diversity (Indicate Citizenship ofParties in Item Ill) 0 2 0 2 Incorporated and Principal Place of Business In Another State 0 5 0 5 Citizen or Subject of a Forei n Coun 0 2 0 3 0 3 Foreign Nation 0 6 0 6 erIC k here fior: N ature o fS mt Cd e Descnnt1 ons. o IV NATURE OF SUIT (Place an "X" in One Box Only) CONTRACT I 0 0 0 0 0 0 0 0 0 0 0 0 TORTS I I 0 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 (Excludes Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders' Suits 190 Other Contract 195 Contract Product Liability 196 Franchise 0 0 0 0 0 0 0 0 0 0 I 0 0 0 0 0 0 REAL PROPERTY 2 10 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Ton Product Liabili ty 290 All Other Real Property 0 0 0 0 0 0 0 FORFEITURE/PENALTY PERSONAL INJ1JRY PERSONAL INJURY 310 Airplane 0 365 Personal Inj ury 3 15 Airplane Product Product Liabi lity 0 367 Health Care/ Liability 320 Assault, Libel & Pharmaceutical Slander Personal Injury 330 Federal Employers' Product Liability 0 368 Asbestos Personal Liability Injury Product 340 Marine 345 Marine Product Liability Liability PERSONAL PROPERTY 350 Motor Vehicle 0 370 Other Fraud 355 Motor Vehicle 0 371 Truth in Lending Product Liability 0 380 Other Perso nal 360 Other Personal Property Damage Injury 385 Property Damage 362 Personal Injury Product Liability Medical Malpractice CMLRIGHTS PRISONER PETITIONS 440 Other C ivi l Rights Ha beas Corpus: 44 1 Voting 0 463 Alien Detainee 442 Employment 0 510 Motions lo Vacate 443 Housing/ Sentence Accommodations 0 530 General 445 Amer. w/Oisabi lities - 0 535 Death Penalty Other: Empl oyment 446 Amer. w/Oisabilities - 0 540 Mandamus & Other Other 0 550 Civil Ri ghts 448 Education 0 555 Prison Condition 0 560 Civil Detainee Conditions of Confinement 0 625 Drug Related Seizure of Property 2 1 US C 88 I 0 6900ther BANKRUPTCY 0 422 Appeal 28 USC 158 0 423 Withdrawal OTHER STATUTES 28 USC 157 PROPERTY RIGHTS O 820 Copyrights 0 830 Patent 0 835 Patent - Abbreviated New Drug Application 0 0 0 0 0 0 0 840 Trademark I.A.DOR SOCIAL SF.C• •u 0 710 Fair Labor Standards Act 0 720 Labor/ Manage ment Relations 0 740 Rai lway Labo r Act 0 75 1 Fan1ily and Medical y 0 86 1 HIA (1395 ff) 0 862 Black Lung (923) 0 863 DlWC/ DlWW (405(g)) o 864 ssm Title XVI 0 865 RSI (405(g)) Leave Act 0 790 Other Labor Litigation 0 79 1 Employee Retirement Income Security Act 0 0 0 0 0 0 0 FEDERAL TAX SUITS 0 870 Taxes (U.S. Plaintiff or Defendant} 0 87 1 IRS- Third Party 26 USC 7609 I 0 375 False Claims Act 0 376 Qui Tam (3 1 USC 0 0 0 lMMIGRA TION 0 462 Naturalization Application 0 465 Other Immigration Actions 3729(a)) 400 State Reapportionment 410 Antitrust 430 Banlcs and Banking 450 Commerce 460 Depon ation 4 70 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ fa change 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Admi nistrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes V. ORIGIN (Placean "X " inOne Box Only) 0 1 Original 0 2 Removed from Proceeding 0 3 State Court Remanded from Appellate Court 0 4 R einstated or R eop ened C ite the U.S. Civi l Statute under w h ich yo u are filing (Do VI. CAUSE OF ACTION 1101 0 5 Transferred from Another District (specify) 0 6 Multidistrict Multidistrict Litigation Direct File citejurisdictio11al statutes unless diversity): t-- n -d e s-crip t-i n _ f c a se - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8 -.e-f - - - o_ o_ - -u- -: VII. REQUESTED IN 0 COMPLAINT: VIII. RELATED CASE(S) IF ANY DATE CHECK IF THIS IS A CLASS ACTIO UNDER RUL E 23 , F .R .Cv. P . CHECK YES only if d emanded in complaint: JURY DEMAND: (See instructions): JUDGE DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY RECEIPT # 0 8 Litigation Tra n sfer AMOUNT APPL YIN G IFP JUDG E MAG . JUDGE 0 Yes ONo JS 44 Reverse (Rev. 06/17) 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 Jaw, 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 initiati ng 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: l.(a) (b) (c) 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 . County of Residence. For each civi l 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.) 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 Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. Ifthere is more than one basis of jurisdiction, precedence is given in the order shown below. 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 Ill below; NOTE: 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. IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions. 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 th is for within district transfers or multidistrict litigation transfers. Multidistrict Litigation - Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation - Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue. 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 VU. 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 actual dollar amount being demanded or indicate other demand, such as a prelimi nary 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 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. Date and Attorney Signature. Date and sign the civil cover sheet. Civil Nature of Suit Code Descriptions (Rev. 06/17) Contract Code Title Description Action alleging breach of insurance contract, tort claim, or other cause re lat ed to an insurance cont ract, except for maritime insurance contracts. Action (Adm iralty or Marit ime) based on service, employment, insu rance or other contracts relating to maritime vessels and other maritime contractual matters. Action based on performan ce and payment bonds agreed to by contractors on federa l const ruction projects as required under t he Miller Act, 40 U.S.C. § 3131-3134. Action relat ing to an agreement to pay a specific amount of money, including promissory notes, loan agreements and checks . Action to recover debt owed to the United States, including enforcement of j udgments, based on overpayment s and restitution agreements involving matters other than Medicare benefit s, student loans and veterans' benefits. 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement Judgment 151 Medicare 152 Recovery of Defaulted Student Loans (Excludes Veterans) Action re lating to Medicare payments, including act ions fo r payments of benefits, to recover overpayments, and for j udicial review of adm inistrative decisions. Action to recover debt owed to the United St ates from defaulted student loan. 153 Recovery of Overpayment of Veterans' Benefits Action relating to payments of veterans' benefits, primarily including actions to recover overpayments. 160 St ockholders' Suits 190 Other Contract 195 Contract Product Liab ility 196 Actions primarily alleging personal injury or property damage ca used by a defective product shou ld be classified under the appropriate nature of suit code under "TORTS." Franchise Action brought by stockholder(s) of a corporation (includ ing both stockholder derivative su its and direct actions based on plaintiff' s rights as a stockholder), usually alleging claims based on contract and/or tort law and/or fiduciary ob ligations. Action primarily based on rights and obligations under a contract not classifiable elsewhere under the specific natures of suit under "Contract." Action concerning damages caused by a defective product, not primarily involving perso nal injury or property damage, and based primarily on breach of contract, breach of warranty, misrepresentation, and/or violat ion of consumer protection laws. Action arising from a dispute over a franchise agreement, typically alleging breach of contract, misrepresentation or unfair trade practices. Page 1of8 Civil Nature of Suit Code Descriptions (Rev. 06/17) Real Property Code Title Description 210 Land Condemnation Action by a governmental entity to take privately-owned real property (land or buildings) for publ ic use for compensation. 220 Foreclosure Action to enjoin foreclosure on real property by mortgage lende r. 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability Action for renta l or lease payments owed on rea l property and/or to eject a party occupying real property illegally. Action alleging trespass to land, nuisance, contamination or other unlawful entry on or interference with real property possessed by another. Action alleging harm by an unsafe product based on negligence, breach of warranty, misrepresentation, and strict tort liability. 290 All Other Rea l Property Action primarily based on unlawful conduct relating to real property that cannot be classified under any other nature of suit. Torts/Personal Injury Code Title Description 310 Airp lane (Excludes airplane product liability claims) Airplane Product Liability Action alleging persona l injury or wrongful death from an air crash or other occurrence involving an airplane. 315 320 330 Assault, Libel & Slander (Excludes a government employee) Federal Employers' Liability Action alleging personal injury or death from an air crash or other occurrence involving an airplane and caused by a defective product. Action alleging intentional acts of assault, libel, trade libel or slander by a private party. Action for personal injury or wrongful death brought by a ra ilroad employee or his survivors under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51, et. seq . Action (Adm iralty and Marit ime) alleging persona l injury or death from an accident involving a water vessel or harbor/dock facilities, including suits brought under the Jones Act and the Limitation of Liability Act. Action (Admiralty and Maritime) alleging persona l injury or wrongful death from an accident involving a water vesse l or harbor/dock facilities and caused by a defective product. Action alleging personal injury or wrongful death from negligence involving a motor vehicle but not caused by a defective product. 340 Marine (Excludes marine product liability claims) 345 Marine Product Liabi lity 350 Motor Vehicle 355 Motor Vehicle Product Liability Action alleging personal injury or wrongful death involving a moto r vehicle and caused by a defective product. 360 Other Personal Injury 362 Personal Injury - Medical Malpractice Action primarily based on personal injury or death caused by negligence or intentional misconduct, including su its brought against the United St ates under the Federal Tort Claims Act, and which cannot be classified under any other nature of suit. Action alleging personal injury or wrongful death caused by negligence in medical care provided by a doctor or other health care professional. 365 Personal Injury - Product Liability (Excludes a marine or airplane product) Action all eging personal injury or death resulting from a defective product. 367 Health Care/Pharmaceutical Personal Injury Product Liabi lity Asbestos Personal Injury Product Liabil ity Action alleging personal injury or death caused by a defective med ical or pharmaceutica l product. Action alleging persona l injury or death caused by exposure to asbestos products . 368 Page 2 of 8 Civil Nature of Suit Code Descriptions (Rev. 06/17} Personal Property Code Title Other Fraud 370 (Excludes any property that is not real property) Truth in Lending 371 380 Actions relating to fraud or misrepresentation in the transfer of real property should be classified under nature of suit 290, "All Other Real Property," or, if foreclosure is invo lved, under nature of suit 220, " Foreclosure." Other Personal Property Damage 385 Property Damage Product Liabil ity Description Action primarily based on fraud relating to personal property that cannot be classified under any other nature of suit. Action alleging violation of the federal Truth in Lending Act arising from consumer loan transactions involving personal property including automob ile loans and revolving credit accounts. Action primarily based on damage to personal property caused by harmful conduct such as negligence, misrepresentation, interference with business relationships or unfa ir trade practices . Action alleging damage to personal property caused by a defective product. Civil Rights Code Title Description 440 441 Other Civil Rights (Excludes claims against corrections officials) Voting Action alleging a civil rights violation other than the specific civil rights categories listed below or a violation related to prison . Example: Action alleging excessive force by police incident to an arrest. Action filed under Civil Rights Act, 52 U.S.C. § 10101, and Voting Rights Act, 52 U.S.C. § 10301 442 Employment 443 Housing/Accommodations 445 446 Americans With Disabil it ies Employment Americans With Disabil ities - Other 448 Education Action filed under Age Discrimination in Employment Act 29 :621 :634, Equal Employment Opportunity Act (Title VII} 42:2000E, Performance Rating Act of 1950 5:4303 Action filed under the Fair Housing Act (Titl e VII), 42 U.S.C. § 3601 & 3602. Action of discrimination against an employee with disabilities of any type in the work place, filed under 42 U.S.C. § 12117 Action of discrimination against an individual with disabilities in areas other than emp loyme nt, filed under 42 U.S.C. § 12133 (exclusion or discrimination in provision of services, programs or activities of a public entity) or 42 U.S.C. § 12188 (public accommodations) Action filed under the Individuals with Disabi lities Educations Act, 20 U.S.C. § 1401 and Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681 et seq . Page 3 of 8 Civil Nature of Suit Code Descriptions (Rev. 06/17) Prisoner Petitions Habeas Corpus Code Title Description 463 Alien Detainee 510 Motions t o Vacate Sentence Immigration habeas petition under 28 U.S.C. § 2241. All cases filed with this nature of suit code are restricted to case participants and public term inals. Petition is filed by an ali en detainee. Action by a prisoner to vacate or modify a sentence imposed in federal court, other than a death sentence, under 28 U.S.C. § 2255 . 530 General 535 Death Penalty Action by a federa l or state prisoner currently in custody challenging the legality of confinement or other pun ishment. Th is includes cla ims alleging illegalities that occurred in trial (for example, ineffective assistance of counsel), sentencing (includ ing fines and restitution orders), or disciplinary proceedings in prison (for example, loss of good time credits) . Habeas petition under 28 U.S.C. § 2254 or prisoner habeas under 28 U.S.C. § 2241. Action by a federal or state prisoner challenging a death sentence. Ot her Prisoner Petitions Code ntle Description 540 Mandamus & Other 550 Civil Right s Action by prisoner currently in custody for a writ of mandamus to compel action by a judge or government official relating to the prisoner's confi nement, including conditions of confinement. Th is category also includes any actions other than mandamus brought by a prisoner currently in custody, whether or not it relates to his confinement, if it is not classifiable under any other nature of su it cat egory under Prisoner Petitions (for example, action by prisoner to recover property taken by the government in a crimina l case) . Action by current or former prisoner alleging a civil rights violation by corrections officials that is not related to a condition of pri son life. 555 Prison Cond it ion Action by current prisoner, or former prisoner or their fam ilies alleging a civil rights, Federal Tort Claims Act, or state law claim with respect to a condition of prison life, whether general circumstances or particular ep isodes . Examples: inadequate medical care or excessive force by prison gua rds. Includes non-habeas actions by alien deta inees alleging unlawful prison conditions . 560 Civil Deta inee - Conditions of Confinement (Excludes actions by alien detainees) Action by former prisoner who was involuntarily committ ed to a noncriminal facil ity after expiration of his or her prison term alleging unlawful conditions of con fi nement while in the non-criminal fac ility. Th is category includes, for example, an action by a former prisoner classified as a Sexually Dangerous Person or Sexually Violent Predator alleging civil rights vio lations during his detention in a med ical fa cil ity. Page 4 of 8 Civil Nature of Suit Code Descriptions (Rev. 06/17) Forfeiture/Penalty Code Title Description 625 Drug Related Seizure of Property 21 u.s.c. § 881 Action (Forfeiture) by which property itself is accused of wrongdoing and is forfeited to the government as a result. 690 Other Action primarily based on Acts or Bills that cannot be classified under any other nature of suit, such as : Endangered Species Act, Federal Hazardous Substance Act 15:1261, Game & Wildlife Act 15:256C et seq . (Penalty), Federal Trade Comm ission Act 15:41-51 (Penalty), Federal Coal Mine Health & Safety Act 30:801 et seq . (Penalty), Load Line Act 46 :85-85G, McGuire Bill (Federal Fa ir Trade) 15:45L Penalty, Marihuana Tax Act 50 STAT 551, Motorboat Act 46:526-526T, National Traffic & Motor Veh icle Safety Act penalty 49 :1655, Veterans' Benefit Act, Title 38 Penalty. Labor Code Title Description 710 Fa ir Labor Standards Act (Non-Un ion) Action relating to non-union workplace related disputes filed under the Fair Labor Standards Act, 29 U.S.C. § 201 including but not limited to wage discrimination, paid leave, minimum wage and overtime pay. 720 Labor/Management Relations (Union) Action relating to disputes between labor unions and employers as well as all petitions regarding actions of the Nation Labor Relations Board (NLRB) 740 Railway Labor Act Action relating to disputes filed under the Railway Labor Act, 45 U.S.C. § 151 includ ing labor disputes, individual claims, and response to sanctions . 751 Family and Medical Leave Act Action filed under the Family Medical Leave Act, 29 U.S.C. § 2601 790 Other Labor Litigation Action primarily based on labor disputes not addressed by other NOS codes (includes Labor/Management Reporting and Disclosure Act) 791 Employee Retirement Income Security Act Action filed under the Employee Retirement Income Secu rity Act, 29 U.S.C. § 1132 by individuals and labor organizations. Immigration Title Code Description 462 Naturalization Application Action seeking review of denial of an application for naturalization [8 U.S.C. § 1447(b)] or alleging failure to make a determination regarding an application for naturalization [8 U.S.C. § 1421(c)] . 465 Other Immigration Actions Action (Immigration-related) that do not involve Naturalization Applications or petitions fo r Writ of Habeas Corpus, such as complaints alleging failure to adjudicate an application to adjust immigration status to permanent resident. Page 5 of 8 Civil Nature of Suit Code Descriptions (Rev.06/17) Bankruptcy Code Title 422 Appeal 28 USC§ 158 423 Withdrawa l of Reference 28 USC§ 157 Property Rights Code Title Description All appeals of previous bankruptcy decisions filed under 28 u.s.c. § 158 Action held in bankruptcy court requesting withdrawal under the provisions of 28 U.S.C. § 157 Description 820 Copyright Action filed in support or to dispute a copyright claim . 830 Patent Action filed in support or to dispute a patent claim . 835 Patent - Abbreviated New Drug Application (ANDA) 840 Trademark Action filed in support or to dispute a patent claim involving an Abbreviated New Drug Application {ANDA) . These cases are also known as " Hatch-Waxman" cases . Action filed in support or to dispute a trademark claim Social Security Code Title Description 861 HIA (1395ff) Action filed w ith regard to social security benefits associated with Health Insurance Part A Medicare 862 Black Lung {923) Action filed with regard to social security benefits provided for those who contracted Black Lung or their beneficiaries 863 DIWC/DIWW {405{g)) Action filed w ith regard to social security benefits provided to disabled individuals : worker or child, or widow 864 SSID Title XVI 865 RSI {405{g)) Action fi led w ith regard to social security benefits provided to Supplemental Security Income Disability under Title XVI Action filed with regard to social security benefits provided for Retirement, Survivor Insurance under 42 U.S.C. § 405 Federal Tax Suits Code Title 870 871 Taxes (U .S. Plaintiff or Defendant) IRS-Third Party 26 USC 7609 Description Action filed under the Internal Revenue Code (General) Action filed under the Internal Revenue Code - Tax Reform Act of 1976 {P.L. 94-455) Th ird Party Page 6 of 8 Civil Nature of Suit Code Descriptions (Rev. 06/17) Other Statutes Code Title Description 375 False Claims Act Action filed by private individuals alleging fraud against the U.S. Government under 31 U.S.C. § 3729 . 376 Qu i Tam {31 U.S.C. § 3729{a)) 400 State Reapportionment Action brought under the False Claims Act by private persons (also known as "whistleblowers") on their own behalf and on behalf of the United States to recover damages against another person or entity that acted fraudulently in receiving payments or property from, or avoiding debts owed to, the United States Government, 31 U.S.C. § 3730 Action filed under the Reapportionment Act of 1929 Ch . 28, 46 Stat. 21, 2 U.S.C. § 2a. 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 480 Racketeer Influenced and Corrupt Organizations Consumer Credit 490 Cable/Satellite TV 850 Securities/Commodities/Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters Action brought under the Clayton Act 15 U.S.C. § 12 - 27 alleging undue restriction of trade and commerce by designated methods that limit free competition in the market place amongst consumers such as anti-competitive price discrimi nation, corporate mergers, interlocking directorates or tying and exclusive dealing contracts . Action filed under the Federal Home Loan Bank Act 12:1421-1449, Home Owners Loan Act 12:1461 or Federal Reserve Acts 12:142 et seq. Action filed under the Interstate Commerce Acts 49 :1 et seq ., 49 :301 Action fi led under the Immigration Acts (Habeas Corpus & Review) 8:1101/18:1546 Racketeer Influenced and Corrupt Organization Act, RICO 18:1961-1968 Action filed under the Fair Credit Reporting Act, 15 U.S.C. 1681n or 15 U.S.C. 16810, and the Fa ir Debt Col lection Practices Act, 15 u.s.c. § 1692k Action filed involving unauthorized reception of cable/satellite TV service under 47 U.S.C. § 553 (unauthorized reception of cable/satellite TV), or 47 U.S.C. § 605 (e)(3) (unauthorized use or publication of a commu nication) Action filed under Sma ll Business Investment Act 15:681, Securities Exchange Act 15:78, Securities Act 15:77, Investment Advisers Act 15:80B(l -21) Action primarily based on Statutes that cannot be classified under any other nature of suit, such as : Foreign Agents Registration Act 22 :611621, Klamath Termination Act 25:564-564W-L, Federa l Aid Highway Act 23 :101-142, Federal Corrupt Practices Act 2:241-256, Federal Election Campaign Act, Highway Safety Act 23 :401 Immigration & Nationality Act 8:1503, Natural Gas Pipeline Safety Act 49 :1671-1700, Naturalization Acts 8:1421/18:911, 1015, 1421, et seq ., 3282 or Federal Aviation Act 49 :1301 et seq . Action filed under the Federal Crop Insurance Act 7:1501-1550, Commodity Credit Corporation Act 15:713A-L & 4. Action filed under Air Pollution Contro l Act 42 :1857-57L, Clean Air Act 42 :1857:57L, Federal Environment Pesticide Control Act, Federal Insecticide, Fungicide & Rodenticide Act 7:135, Federal Water Pollution Control Act 33:1151 et seq ., Land & Water Conservation Fund Act 16:4602,460 1-4, Motor Vehicle Air Pollution Control Act 42 :1857F-1-8, National Environmenta l Policy Act 42 :4321, 4331-35G, 4341-47, River & Harbor Act penalty 3:401-437, 1251. Page 7 of 8 Civil Nature of Suit Code Descriptions (Rev. 06/17) Other Statutes (Continued) Code Title Description 895 Freedom of Information Act Action filed under the Freedom of Information Act 5:552. 896 Arbitration Action involving actions to confirm or modify arbitration awards filed under Title 9 of the U.S. Code. 899 Administrative Procedure Act/Review or Appeal of Agency Decision Action filed under the Adm inistrative Procedures Act, 5 U.S.C. § 701, or civil actions to review or appeal a federal agency decision. 950 Constitutionality of State Statutes Action drawing into question the constitutionality of a federal or state statute filed under (Rule 5.1). Rule 5.1 imp lements 28 U.S.C. §2403 . Note: The statutes listed above are not all-inclusive, and other statues might be applicable to each nature of suit. Statutes that are included in the descriptions should be viewed as examp les. Page 8 of 8

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