RUTT'S HUT, INC. v. MUTT'S HUT INTERNATIONAL et al

Filing 1

COMPLAINT against ADAM'S BAGEL & DELI, ED MADSEN, MAGDI MUHAMMAD, MUTTS HUT INTERNATIONAL ( Filing fee $ 350 receipt number 3609345.) JURY DEMAND., filed by RUTT'S HUT, INC.. (Attachments: # 1 exhs a and b, # 2 Civil Cover Sheet, # 3 summons(dr, ) (Additional attachment(s) added on 3/15/2011: # 4 summons) (dr).

RUTT'S HUT, INC. v. MUTTS HUT INTERNATIONAL et al
JS 44 (Rev. 3/99)

Doc. 1 Att. 2

CIVIL COVER SHEET

The JS-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 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. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a)

PLAINTIFFS
Rutt's Hut, Inc.

DEFENDANTS
Mutt's Hut International, Adam's Bagel & Deli, Magdi Muhammad, and Ed Madsen 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

(b) County of Residence of First Listed Plaintiff Passaic
(EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number) LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP 600 South Avenue West Westfield, NJ 07090 Tel: [phone] Fax: [phone] II. BASIS OF JURISDICTION
(Place an "x" in one box only)

Attorneys (if known) Not Known

III. CITIZENSHIP OF PRINCIPAL PARTIES
(For Diversity Cases Only)

(Place an "x" in one box for plaintiff and one box for defendant)

1 2

U.S. Government Plaintiff U.S. Government Defendant

X3 4

Federal Question (U.S. Government Not a arty) Diversity (Indicate Citizenship of Parties in Item III)

PTF Citizen of This State Citizen of Another State Citizen or Subject of a Foreign Country

1 2 3

DEF 1

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

PTF 4

DEF 4

2 3

5 6

5 6

IV. NATURE OF SUIT
CONTRACT
110 120 130 140 150 Insurance Marine Miller Act Negotiable Instrument Recovery of Overpayment & Enforcement of Judgment Medicare Act Recovery of Defaulted Student Loans (Excl. Veterans) Recovery of Overpayment of Veteran's Benefits Stockholders' Suits Other Contract Contract Product Liability

(Place an "x" in one box only) TORTS
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 Injury 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

FORFEITURE/PENALTY
610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 630 Liquor Laws 640 R.R. & Truck. 650 Airline Regs 660 Occupational Safety/Health 690 Other

BANKRUPTCY
422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 400 410 430 450 460 470

OTHER STATUTES
State Reapportionment Antitrust Banks and Banking Commerce/ICC Rates/etc. Deportation Racketeer Influenced and Corrupt Organizations Selective Service Securities/Commodities/ Exchange Customer Challenge 12 USC 3410 Agricultural Acts Economic Stabilization Act Environmental Matters Energy Allocation Act Freedom of Information Act Appeal of Fee Determination Under Equal Access to Justice

PROPERTY RIGHTS
820 Copyrights 830 Patent 810 850 875 891 892 893 894 895 900

151 152

153

X 840

Trademark

160 190 195

LABOR
710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt. Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act

SOCIAL SECURITY
861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

REAL PROPERTY
210 220 230 240 245 290 Land Condemnation Foreclosure Rent Lease & Ejectment Torts on Land Tort Product Liability All Other Real Property

CIVIL RIGHTS
441 Voting 442 Employment 443 Housing Accommodations 444 Welfare 440 Other Civil Rights

PRISONER PETITIONS
510 Motions to Vacate Sentence Habeas Corpus 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff or Defendant) 871 IRS--Third Party 26 USC 7609

950 Constitutionality of State Statutes 890 Other Statutory Actions

X 1 Original Proceeding

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY) 2 Removed from State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from another district (specify) 6 Multidistrict Litigation 7 Appeal to District Judge from Magistrate Judgment

VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
Trademark infringement and unfair competition under 15 U.S.C. §§ 1114(1) and 1125(a). DEMAND $ CHECK YES only if demanded in complaint: VII. REQUESTED IN CHECK IF THIS IS A CLASS JURY DEMAND: X Yes No COMPLAINT: ACTION UNDER F.R.C.P. 23 (See instructions) VIII. RELATED CASE(S) None JUDGE____________________________ DOCKET NUMBER___________________ IF ANY DATE March 9, 2011 SIGNATURE OF ATTORNEY OF RECORD s/ Gregg A. Paradise Gregg A. Paradise

1362114_1.doc

Dockets.Justia.com

FOR OFFICE USE ONLY
RECEIPT # JS-44 Reverse (Rev. 12/96) AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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 pleadings or other papers as required by law, 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 initiating 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 of residence of the "defendant" is the location of the tract of land 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 Rule 8(a), F.R.C.P., 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. 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 III below; 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 the nature of suit cannot be determined, be sure the cause of action, in Section IV below, is sufficient to enable the deputy clerk or the statistical clerks 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 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 this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision. VI. VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. 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 dollar amount (in thousands of dollars) 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-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.
1362114_1.doc