United States of America v. State of Texas
COMPLAINT ( Filing fee $ 402 receipt number 0542-15204090), filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet)(Newman, Lisa)
Case 1:21-cv-00796 Document 1-1 SHEET
CIVIL COVER Filed 09/09/21 Page 1 of 3
JS 44 (Rev. 04/21)
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
United States of America
The State of Texas
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorneys (Firm Name, Address, and Telephone Number)
(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
Citizen of This State
(U.S. Government Not a Party)
(Indicate Citizenship of Parties in Item III)
and One Box for Defendant)
Incorporated or Principal Place
of Business In This State
Citizen of Another State
Incorporated and Principal Place
of Business In Another State
Citizen or Subject of a
IV. NATURE OF SUIT (Place an “X” in One Box Only)
Click here for: Nature of Suit Code Descriptions.
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
210 Land Condemnation
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
315 Airplane Product
320 Assault, Libel &
330 Federal Employers’
345 Marine Product
350 Motor Vehicle
355 Motor Vehicle
360 Other Personal
362 Personal Injury Medical 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
463 Alien Detainee
510 Motions to Vacate
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
422 Appeal 28 USC 158
28 USC 157
710 Fair Labor Standards
740 Railway Labor Act
751 Family and Medical
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
462 Naturalization Application
465 Other Immigration
835 Patent - Abbreviated
New Drug Application
880 Defend Trade Secrets
Act of 2016
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
376 Qui Tam (31 USC
400 State Reapportionment
430 Banks and Banking
470 Racketeer Influenced and
480 Consumer Credit
(15 USC 1681 or 1692)
485 Telephone Consumer
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
V. ORIGIN (Place an “X” in One Box Only)
2 Removed from
4 Reinstated or
5 Transferred from
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Litigation Direct File
28 U.S.C. §§ 1651, 2201, and 2202; U.S. Const. art. VI, cl. 2; U.S. Const., amend. XIV
VI. CAUSE OF ACTION Brief description of cause:
Supremacy clause; Preemption; Intergovernmental immunity;
VII. REQUESTED IN
VIII. RELATED CASE(S)
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
CHECK YES only if demanded in complaint:
DOCKET NUMBER 1:21-cv-00616-RP
Hon. Robert Pitman
SIGNATURE OF ATTORNEY OF RECORD
/s/ Lisa Newman
FOR OFFICE USE ONLY
JS 44 Reverse (Rev. 04/21)
Case 1:21-cv-00796 Document 1-1 Filed 09/09/21 Page 2 of 3
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:
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)".
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
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 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.
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.
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
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.
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 statute.
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.
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 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.
Case 1:21-cv-00796 Document 1-1 Filed 09/09/21 Page 3 of 3
Attorneys for Plaintiff United States of America:
BRIAN M. BOYNTON
Acting Assistant Attorney General
BRIAN D. NETTER
Deputy Assistant Attorney General
MICHAEL H. BAER
Counsel to the Acting Assistant Attorney
General, Civil Division
ALEXANDER K. HAAS
Director, Federal Programs Branch
JACQUELINE COLEMAN SNEAD
Assistant Branch Director
/s/ Lisa Newman
Lisa Newman (TX Bar No. 24107878)
Christopher D. Dodge
Cody T. Knapp
James R. Powers
Olivia Hussey Scott
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, D.C. 20005
Tel: (202) 514-5578
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