DietGoal Innovations LLC v. WebMD, LLC
COMPLAINT against WebMD, LLC ( Filing fee $ 350 receipt number 0540-3632458.), filed by DietGoal Innovations LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Bukovcan, Niknaz)
JS 44 (Rev. 09/11)
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
DietGoal Innovations, LLC
(b) County of Residence of First Listed Plaintiff Travis County
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorneys (Firm Name, Address, and Telephone Number)
Attorneys (If Known)
Niky Bukovan, Buether Joe & Carpenter, LLC, 1700 Pacific Ave., Suite
5700, Dallas,TX 75201 (214) 466-1278 (214) 635-1831
II. BASIS OF JURISDICTION
(Place an “X” in One Box Only)
New York, NY
(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff)
’ 3 Federal Question
(U.S. Government Not a Party)
(For Diversity Cases Only)
Citizen of This State
’ 4 Diversity
(Indicate Citizenship of Parties in Item III)
Citizen of Another State
Incorporated and Principal Place
of Business In Another State
Citizen or Subject of a
IV. NATURE OF SUIT
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
(Place an “X” in One Box Only)
210 Land Condemnation
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
’ 1 Original
315 Airplane Product
320 Assault, Libel &
330 Federal Employers’
345 Marine Product
350 Motor Vehicle
355 Motor Vehicle
360 Other Personal
362 Personal Injury Med. Malpractice
440 Other Civil Rights
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
’ 365 Personal Injury Product Liability
’ 367 Health Care/
’ 368 Asbestos Personal
’ 370 Other Fraud
’ 371 Truth in Lending
’ 380 Other Personal
’ 385 Property Damage
’ 510 Motions to Vacate
’ 530 General
’ 535 Death Penalty
’ 540 Mandamus & Other
’ 550 Civil Rights
’ 555 Prison Condition
’ 560 Civil Detainee Conditions of
’ 625 Drug Related Seizure
of Property 21 USC 881
’ 690 Other
and One Box for Defendant)
Incorporated or Principal Place
’ 4 ’ 4
of Business In This State
’ 422 Appeal 28 USC 158
’ 423 Withdrawal
28 USC 157
’ 820 Copyrights
$ 830 Patent
’ 840 Trademark
710 Fair Labor Standards
720 Labor/Mgmt. Relations
740 Railway Labor Act
751 Family and Medical
790 Other Labor Litigation
791 Empl. Ret. Inc.
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
’ 871 IRS—Third Party
26 USC 7609
375 False Claims Act
400 State Reapportionment
430 Banks and Banking
470 Racketeer Influenced and
480 Consumer Credit
490 Cable/Sat TV
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
899 Administrative Procedure
Act/Review or Appeal of
950 Constitutionality of
’ 462 Naturalization Application
’ 463 Habeas Corpus Alien Detainee
’ 465 Other Immigration
(Place an “X” in One Box Only)
’ 2 Removed from
’ 3 Remanded from
’ 4 Reinstated or ’ 5 another district
’ 6 Multidistrict
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 United States Code §§ 1331 and 1338(a)
VI. CAUSE OF ACTION Brief description of cause:
’ CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER F.R.C.P. 23
VIII. RELATED CASE(S)
JUDGE David Folsom
CHECK YES only if demanded in complaint:
DOCKET NUMBER 2:11-cv-00-418-MHS-CMC
SIGNATURE OF ATTORNEY OF RECORD
/s/ Niky Bukovcan
FOR OFFICE USE ONLY
JS 44 Reverse (Rev. 09/11)
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:
(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)”.
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.)
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.
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 VI 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.
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
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.
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
U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
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.
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