Upsolve, Inc. et al v. James

Filing 2

CIVIL COVER SHEET filed..(Silbert, Gregory)

JS 44C/SDNY
REV.
10/01/2020

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 use of the Clerk of Court for the purpose of initiating the civil docket sheet.

PLAINTIFFS

DEFENDANTS

Upsolve, Inc., and Rev. John Udo-Okon

Letitia James, in her official capacity as
Attorney General of the State of New York

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
Gregory Silbert
Weil, Gotshal & Manges LLP
767 Fifth Avenue, New York, NY 10153
Tel: [phone]

ATTORNEYS (IF KNOWN)

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(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Action for declaratory judgment, damages, and preliminary and permanent injunctions under the First Amendment and 42 U.S.C. § 1983
Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? No
If yes, was this case Vol.

Invol.

Dismissed. No

Yes

No

Yes

IS THIS AN INTERNATIONAL ARBITRATION CASE?
(PLACE AN [x] IN ONE BOX ONLY)

✖

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
[ ] 362 PERSONAL INJURY MED MALPRACTICE

] 110
] 120
] 130
] 140

[ ] 150

[ ] 151
[ ] 152

[ ] 153

[ ] 160
[ ] 190
[ ] 195
[ ] 196

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
FRANCHISE

[ ] 220
[ ] 230
[ ] 240
[ ] 245
[ ] 290

CIVIL RIGHTS
[✖] 440 OTHER CIVIL RIGHTS
(Non-Prisoner)

REAL PROPERTY
[ ] 210

ACTIONS UNDER STATUTES

LAND
CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY

[ ] 441 VOTING
[ ] 442 EMPLOYMENT
[ ] 443 HOUSING/
ACCOMMODATIONS
[ ] 445 AMERICANS WITH
DISABILITIES EMPLOYMENT
[ ] 446 AMERICANS WITH
DISABILITIES -OTHER
[ ] 448 EDUCATION

Check if demanded in complaint:
CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

Yes

Judge Previously Assigned

If yes, give date _______________________ & Case No. ______________________

NATURE OF SUIT

TORTS

CONTRACT

✔

ACTIONS UNDER STATUTES

PERSONAL INJURY
[ ] 367 HEALTHCARE/
PHARMACEUTICAL PERSONAL
INJURY/PRODUCT LIABILITY
[ ] 365 PERSONAL INJURY
PRODUCT LIABILITY
[ ] 368 ASBESTOS PERSONAL
INJURY PRODUCT
LIABILITY

FORFEITURE/PENALTY

BANKRUPTCY

[ ] 625 DRUG RELATED
SEIZURE OF PROPERTY
21 USC 881
[ ] 690 OTHER

[ ] 422 APPEAL
28 USC 158
[ ] 423 WITHDRAWAL
28 USC 157

PROPERTY RIGHTS

PERSONAL PROPERTY

[ ] 820 COPYRIGHTS
[ ] 830 PATENT

[ ] 370 OTHER FRAUD
[ ] 371 TRUTH IN LENDING

[ ] 835 PATENT-ABBREVIATED NEW DRUG APPLICATION

[ ] 880 DEFEND TRADE SECRETS ACT

[ ] 840 TRADEMARK
SOCIAL SECURITY

[ ] 380 OTHER PERSONAL
PROPERTY DAMAGE
[ ] 385 PROPERTY DAMAGE
PRODUCT LIABILITY
PRISONER PETITIONS
[ ] 463 ALIEN DETAINEE
[ ] 510 MOTIONS TO
VACATE SENTENCE
28 USC 2255
[ ] 530 HABEAS CORPUS
[ ] 535 DEATH PENALTY
[ ] 540 MANDAMUS & OTHER

LABOR
[ ] 710 FAIR LABOR
STANDARDS ACT
[ ] 720 LABOR/MGMT
RELATIONS
[ ] 740 RAILWAY LABOR ACT
[ ] 751 FAMILY MEDICAL
LEAVE ACT (FMLA)

[
[
[
[
[

] 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
[ ] 790 OTHER LABOR
Defendant)
LITIGATION
[ ] 871 IRS-THIRD PARTY
[ ] 791 EMPL RET INC
26 USC 7609
SECURITY ACT (ERISA)
IMMIGRATION

PRISONER CIVIL RIGHTS
[ ] 462 NATURALIZATION
[ ] 550 CIVIL RIGHTS
APPLICATION
[ ] 555 PRISON CONDITION
[ ] 465 OTHER IMMIGRATION
ACTIONS
[ ] 560 CIVIL DETAINEE
CONDITIONS OF CONFINEMENT

OTHER STATUTES
[ ] 375 FALSE CLAIMS
[ ] 376 QUI TAM
[ ] 400 STATE
REAPPORTIONMENT
[ ] 410 ANTITRUST
[ ] 430 BANKS & BANKING
[ ] 450 COMMERCE
[ ] 460 DEPORTATION
[ ] 470 RACKETEER INFLUENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ ] 480 CONSUMER CREDIT
[ ] 485 TELEPHONE CONSUMER
PROTECTION ACT
[ ] 490 CABLE/SATELLITE TV
[ ] 850 SECURITIES/
COMMODITIES/
EXCHANGE
[ ] 890 OTHER STATUTORY
ACTIONS
[ ] 891 AGRICULTURAL ACTS
[ ] 893 ENVIRONMENTAL
MATTERS
[ ] 895 FREEDOM OF
INFORMATION ACT
[ ] 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ ] 950 CONSTITUTIONALITY OF
STATE STATUTES

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.
AS DEFINED BY LOCAL RULE FOR DIVISION OF BUSINESS 13?
IF SO, STATE:

1.00
DEMAND $______________
OTHER ______________ JUDGE _________________________________ DOCKET NUMBER_________________
Check YES only if demanded in complaint

JURY DEMAND:

YES

✖ NO

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACE AN x IN ONE BOX ONLY)
✖

1

Original
Proceeding

ORIGIN

2 Removed from

Remanded
from
Appellate
Court

3

State Court

a.

all parties represented

b.

At least one party
is pro se.

(PLACE AN x IN ONE BOX ONLY)

1

U.S. PLAINTIFF

2

U.S. DEFENDANT

✖

3

4 Reinstated or

5 Transferred from

6

(Specify District)

Reopened

Multidistrict
Litigation
(Transferred)

7

Appeal to District
Judge from
Magistrate Judge

8 Multidistrict Litigation (Direct File)

BASIS OF JURISDICTION
4 DIVERSITY

IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.

FEDERAL QUESTION
(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Place an [X] in one box for Plaintiff and one box for Defendant)
CITIZEN OF THIS STATE

PTF
[ ]1

DEF
[ ]1

CITIZEN OF ANOTHER STATE

[ ]2

[ ]2

PTF DEF
[ ]3[ ]3

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
INCORPORATED or PRINCIPAL PLACE
OF BUSINESS IN THIS STATE

[ ]4[ ]4

INCORPORATED and PRINCIPAL PLACE
OF BUSINESS IN ANOTHER STATE
FOREIGN NATION

PTF
[ ]5

DEF
[ ]5

[ ]6

[ ]6

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Upsolve, Inc., 205 Hudson St., New York, NY 10013 (New York County)
Rev. John Udo-Okon, Word of Life Christian Fellowship, 8 Union Ave., Bronx, NY 10459 (Bronx County)

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Letitia James, Attorney General
New York State Office of the Attorney General
28 Liberty St., New York, NY 10005 (New York County)

DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
THE RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

COURTHOUSE ASSIGNMENT
I hereby certify that this case should be assigned to the courthouse indicated below pursuant to Local Rule for Division of Business 18, 20 or 21.

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

DATE 1/25/2022

/s/ Gregory Silbert
SIGNATURE OF ATTORNEY OF RECORD

RECEIPT #

WHITE PLAINS

✖

MANHATTAN

ADMITTED TO PRACTICE IN THIS DISTRICT
[ ] NO
07
2012
[✖] YES (DATE ADMITTED Mo. _______
Yr. _______)
Attorney Bar Code # GS0033

Magistrate Judge is to be designated by the Clerk of the Court.
Magistrate Judge _________________________________________________________ is so Designated.
Ruby J. Krajick, Clerk of Court by _____________ Deputy Clerk, DATED _____________________.
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)