Epic Games, Inc. v. Rogers

Filing 1

COMPLAINT against Caleb Rogers ( Filing fee $ 400 receipt number 0417-4271232.), filed by Epic Games, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Thomas, Christopher)

JS 44

(Rev. 08/16)

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 NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS
Epic Games, Inc.

DEFENDANTS
Caleb Rogers
County of Residence of First Listed Defendant

(b) County of Residence of First Listed Plaintiff

New Castle, Delaware

(IN U.S. PLAINTIFF CASES ONLY)

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)
Christopher M. Thomas
Parker Poe Adams & Bernstein LLP
P.O. Box 389, Raleigh, NC 27602 [phone]

II. BASIS OF JURISDICTION

(Place an “X” in One Box Only)

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

PTF
1 U.S. Government
Plaintiff

3 Federal Question
(U.S. Government Not a Party)

2

4 Diversity

(Place an “X” in One Box for Plaintiff
and One Box for Defendant)

DEF

PTF

(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT

2

2

3

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
Injury
362 Personal Injury –
Medical Malpractice

BANKRUPTCY

625 Drug Related Seizure of
Property 21 USC 881
690 Other

422 Appeal 28 USC 158
423 Withdrawal
28 USC 157

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
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

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

PRISONER PETITIONS

440
441
442
443

Other Civil Rights
Voting
Employment
Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

5

5
6

Incorporated and Principal Place
of Business in Another State

Click here for: Nature of Suit Code Descriptions.

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
(Excludes Veterans)
153 Recovery of
Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product
Liability
196 Franchise

4

3 Foreign Nation

(Place an “X” in One Box Only)

CONTRACT

V. ORIGIN

Citizen of Another State

4

6

1

Citizen or Subject of a
Foreign Country

U.S. Government
Defendant

Citizen of This State

DEF

Incorporated or Principal Place
1
of Business In This State

PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR

SOCIAL SECURITY

710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee –
Conditions of
Confinement

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)
871 IRS—Third Party
26 USC 7609

IMMIGRATION
462 Naturalization
Application
465 Other Immigration
Actions

OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced
and Corrupt
Organizations
480 Consumer Credit
490 Cable/Sat 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

(Place an “X” in One Box Only)

1 Original
Proceeding

2 Removed from
State Court

3 Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
another district
(specify)

6 Multidistrict
Litigation Transfer

8 Multidistrict
Litigation Direct File

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION

28 U.S.C. 1331 and 1338(a); 17 U.S.C. 106 and 501, et seq.; 28 U.S.C. 1367(a)
Brief description of cause:

Injunctive relief sought for copyright infringement

VII. REQUESTED IN
COMPLAINT:

CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.

VIII. RELATED CASE(S)
IF ANY

(See instructions):

DEMAND $

CHECK YES only if demanded in complaint:
JURY DEMAND:
Yes
No
DOCKET NUMBER 5:17-cv-511-FL;
5:17-cv-512-D

JUDGE

SIGNATURE OF ATTORNEY OF RECORD

DATE
10/23/2017

/s/Christopher M. Thomas

FOR OFFICE USE ONLY
RECEIPT # _______________ AMOUNT ________________ APPLYING IFP ___________________ JUDGE __________________ MAG. JUDGE ________________________

JS 44 Reverse (Rev. 08/16)

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 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)

(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 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.)
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. 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; 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 this 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

VII.

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 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.