Professional Documents
Culture Documents
Plaintiff, Maura Clare, through her undersigned counsel, for her Complaint and
Jury Demand against Defendants, alleges the following:
INTRODUCTION
1.
For fifteen years, Plaintiff Maura Clare was employed as the Director of
Public Affairs and Conference Coordinator for the Conference on World Affairs (CWA)
at the University of Colorado Boulder (UCB). Clares performance was exceptional.
Defendant John Griffin, the Director of the CWA, forced Clare out of the CWA because of
her age and sex and in retaliation for her complaints about his discrimination against her.
UCBs administration, including Defendant Philip DiStefano, knew of Griffins illegal
conduct toward Clare but refused to intervene. Defendants hired a younger, less qualified
male to replace Clare, at a significantly higher salary. Defendants intentionally and
improperly prevented Clare from obtaining another position within UCB in retaliation for
her protected complaints. Defendants actions violated Clares right to equal protection
pursuant to 42 U.S.C. 1983, violated Clares rights under Title VII of the Civil Rights Act
of 1964, the Equal Pay Act, the Age Discrimination in Employment Act and the Colorado
Anti-discrimination Act, and breached a contract with Clare.
GENERAL ALLEGATIONS
The Conference on World Affairs
2.
in 1948 by a Sociology professor at UCB. The Conference is held for five days every
April on the UCB campus. Throughout its 68-year history, the CWA has been a free,
public event that promises to bring the world to Boulder by bringing in dozens of
distinguished speakers from a wide variety of disciplines who reside outside of Colorado.
3.
seats in approximately 200 panel discussions. The CWA has generated enormous good
will and worldwide publicity for UCB.
5.
Each year, the Conference was planned and run by CWA staff members
(including the Plaintiff) who worked closely with volunteer students, members of the
Boulder community and UCB faculty and staff. The partnership between CWA staff and
volunteers enabled UCB to put on a large, world-renowned conference for relatively little
investment.
6.
Since 1996, the CWA has been jointly managed by a faculty Director
(employed by UCB) and volunteer Chairpersons from the community. From 1998 through
May 2014, Professor James Palmer was the faculty Director. From 1996, Jane Butcher
was a co-Chair of the CWA. In 2013, Butcher became the sole Chair of the CWA.
Maura Clare
7.
Director of Public Affairs and Conference Coordinator for the CWA. (She also worked for
the CWA from 1988 to 1993.)
8.
the two other CWA staff members an Assistant Conference Coordinator and an
Assistant Director of Public Affairs. She reported to the faculty Director and worked
collaboratively with the Chairperson.
9.
Clare was exceptional at her job. In each and every annual Performance
Evaluation from 2000 through 2014, Director Palmer ranked Clare outstanding (the
highest rating). She consistently far exceeded performance expectations and her work
was of exceptional quality.
11.
CWA. In the first ten years of her management, attendance doubled. Student
attendance at the Conference increased from under 10 percent of attendees to around
25 percent. The volunteerism of students more than doubled, and the participation of
UCB professors increased significantly.
12.
Despite multiple significant budget cuts, Clare kept the CWA operating
within and sometimes under budget due to her successful cultivation of corporate
sponsors and donors. Through her fundraising and sponsorship efforts, Clare even
managed to accumulate surplus funds sufficient to cover an entire years operating
expenses.
13.
Despite the extraordinary value and success of the CWA, the President
the University of Colorado, Bruce Benson, and the conservative Republican regents
viewed the CWA as a festival of liberals that was obstructing one of their primary goals
to promote right-wing conservative political thought on the UCB campus.
16.
Benson detested the CWA so much that he refused to lead the opening
march of the Conference, introduce the keynote speaker and host the opening dinner, as
other Presidents had traditionally done. Benson refused even to set foot on campus
Benson) was well aware of Bensons and the conservative Regents views on the CWA.
In the fall of 2013, DiStefano told Chair Jane Butcher that Benson was always on [his]
back about the CWA and that Benson and the conservative regents were focusing on
the CWA.
DiStefano Installs Griffin as CWAs New Director
18.
In April 2013, CWA faculty Director Palmer gave notice that he would be
through a new faculty Director whom they could control. Thus, the search process was
manipulated to yield only one finalist for the CWA Director position John Griffin, an
Associate Professor in his second year of teaching at UCB.
20.
Griffin knew nothing about the CWA and had never even attended the
Conference. He applied for the Director position because the administration told him to.
21.
for the position, Griffin was appointed Director of the CWA, effective June 1, 2014.
Griffins Bias Against Clare
22.
Griffin first met Clare and her two assistants, Casey Koehler (in her 40s) and Bryan New
(in his 20s), it was immediately apparent that Griffin was biased against Clare. Griffin
avoided looking at Clare and barely spoke to her, focusing his attention primarily on New.
23.
aversion to her and interact with him in a normal way. She offered to provide Griffin
information about the CWAs operations and introduce him to key donors and committee
leaders. Griffin rejected Clares overtures and attended little of the Conference.
24.
In May 2014, before Griffin knew anything about Clare or New other than
their genders and ages, Griffin met secretly with New and offered him a promotion to
Director of Public Affairs. Griffin offered to reassign Clares public affairs duties (the most
important part of her job) to New and said that New would report directly to Griffin. Griffin
asked New not to tell Clare about his plan.
26.
New declined the promotion and reported Griffins plan to Clare. Clare
asked Griffin why he wanted to reassign her most important job duties to New. Griffin
refused to explain.
27.
Although he did not formally reassign Clares duties or change her title,
Griffin proceeded to ignore Clare and diminish her role wherever he could. In the
summer of 2014, Griffin met with UCB administrators, deans, associate deans, and other
leaders on campus about CWA business. He excluded Clare from meetings that directly
involved her expertise and job duties and withheld information from her, preventing Clare
from doing her job effectively.
28.
New and tried to give him more responsibility. Griffin asked New to accompany him to
meetings that Clare should have attended.
29.
At a staff meeting in the late summer or fall of 2014, New told Griffin that
he did not respect Griffin and had no confidence in his leadership. Clare tearfully told
Griffin that she was concerned because he had seemed to have a preconceived bias
against her.
30.
Griffin responded by praising New, calling him a young man with a lot of
potential and reiterating his plan to mentor New and give him more responsibility. Griffin
did not address Clares concerns about his bias against her.
31.
Thereafter, Griffin offered New a raise. In the same time frame, Griffin
mentioned that the funding for Clares position would likely be cut.
Griffin Removes Butcher for Supporting Clare
32.
Over nearly two decades, Chairperson Jane Butcher had made major
contributions, both financial and personal, to the CWA. For many years, Butcher had
worked closely with Clare to plan and implement the conference; her involvement,
assistance and support was critical to Clare and to the CWA.
33.
When Butcher learned that Griffin had tried to demote and marginalize
Clare, she asked Griffin to explain the reason for this. Griffin would not give any
legitimate reason. He told Butcher that staff was just staff and he could do whatever he
pleased with them.
34.
Butcher explained that the magic of the Conference was largely due to
Clares skill and hard work and told Griffin that demoting Clare would be detrimental to
the CWA.
35.
Due to Butchers support for Clare, Griffin told Butcher that she could no
longer attend CWA staff meetings (which she had attended for years) because she and
Clare were too close.
36.
Griffin ordered Clare and the other staff members not to discuss CWA
business with Butcher and told Clare that Butcher was protecting staff. Later in the
same conversation, Griffin remarked to Clare that the CWA needed to do a better job of
replacing people as they get older.
37.
demote her and diminish her role due to her age and that Butcher had been trying to
prevent him from doing so. Shocked, Clare told Griffin that she intended to work at the
CWA for another fourteen years. Griffins only response was a look of anger and
disapproval.
38.
Throughout the summer and fall of 2014, Griffin was meeting with
Benson about the CWA. (This was unusual because Benson had never met with
Palmer, the prior CWA Director.) Griffin told many in the CWA that changes needed to
be made, but he refused to let Butcher, Clare or anyone else in on the plan.
39.
and mistreatment of the staff was becoming a concern for the CWA volunteer leaders.
One of these leaders, Rosemary Getsie, who was an industrial organizational
psychologist, offered to coach Griffin and help him try to improve his relations with staff
and others.
40.
New and marginalize Clare. Griffin explained that young men need to be given
opportunities to keep them interested or they will leave. On the other hand, he said,
Clare was standing in the way of the changes that needed to be made in the CWA.
DiStefano and Human Resources Offices Refuse to Intervene to Prevent Griffins
Discrimination Against Clare.
41.
Due to Griffins discrimination against her on the basis of her sex and
age, Clare suffered emotional distress, including depression, anxiety, insomnia, digestive
issues and headaches, on a daily basis.
42.
basis of sex and/or age and has committed to its employees that the workplace will be
free of such illegal discrimination.
43.
resources within UCB about Griffins discriminatory conduct toward her. Clare met with
the Office of Institutional Equity and Compliance (OIEC), the office charged with
complying with laws against discrimination and harassment. She also met with the
Ombuds Office (billed as a safe place to talk about campus-related problems), and the
Employee Relations department. None of these offices offered help.
44.
DiStefanos office that Griffin was discriminating against Clare. DiStefanos office refused
to intervene and merely referred News complaint to the OIEC, which took no action on it.
45.
hiring procedures to offer the position of Director of Public Affairs (the same position that
New had turned down) to Mary Rochelle, a twenty-five-year-old CWA volunteer.
(Rochelle declined the position after learning that Griffin had made this offer to her without
Clares knowledge.)
46.
Clare reported to DiStefanos office that Griffin had offered her job to a
younger, less qualified person and was biased against her because of her age.
DiStefanos office refused to intervene and referred Clares complaint to the OIEC, which
took no action.
47.
On November 17, 2014, Clare made a formal complaint of age and sex
discrimination directly to the OIEC on the basis that Griffin had twice tried to demote her
and replace her with younger, less qualified individuals. The OIEC refused to investigate
or take any action, claiming that Clare had not suffered any adverse consequence.
Griffin Retaliates Against Clare.
48.
Clare and communicated with her only when he was forced to and almost entirely by
email. Griffin denied or ignored requests or suggestions Clare made, forcing Clare to
communicate with Griffin through others so that he would not know that the requests and
suggestions came from her.
50.
dysfunctional that Clares other assistant, Casey Koehler, was on the verge of resigning
because she could not work for Griffin.
51.
jeopardy due to Griffins treatment of the CWA staff. A group of leaders met with Griffin
about their concerns. Griffin refused to change his behavior and instead blamed Clare
and accused her of holding the CWA hostage.
53.
The group then met with DiStefano to inform him that the Conference
was in jeopardy due to Griffins treatment of the staff and asked him to remove Griffin.
DiStefano again refused to intervene, but suggested that the group meet with Griffin and
10
the staff weekly to mediate the issues so that the Conference could go forward.
54.
This group, called the Interim Advisory Board (IAB), was to act as a
buffer between Griffin and the staff, to prevent Griffin from interfering with their work and
to try to improve the relationship between Griffin and the staff so that there could be a
successful conference. Clare understood that she could go to the IAB in confidence
about any issues or concerns with Griffin.
55.
While Griffin was going through the motions of meeting with the IAB, he
ignored their advice and continued on with his preparations to fire Clare.
The UCB Employee Relations Office Assists Griffin in Retaliating Against Clare.
56.
her without raising suspicion, so Griffin sought the help and advice of a consultant from
the Employee Relations office at UCB.
57.
and maintaining a positive and productive working environment for all employees and to
providing fair and unbiased consultation.
58.
office that Griffin was discriminating against her on the basis of her sex and age.
59.
questioned Griffin or asked him why he wanted to terminate such an excellent employee.
Instead, the consultant coached and assisted Griffin in preparing a false and unfair
performance evaluation to be used for the purpose of justifying Clares termination.
60.
In February 2015, while Clare was working 12-hour days to ensure the
success of the Conference, Griffin was busy drafting an evaluation that, among other
things, accused Clare of insubordination because she had made legally protected
11
complaints of discrimination.
61.
Griffin waited until the month before the Conference, during Clares
busiest time, to email the evaluation to Clare. Clare opened the email in front of several
volunteers and broke down in tears when she read it. In the email, Griffin insisted that
Clare read and sign the evaluation immediately, despite the fact that she was in an
important all-day working session with volunteers.
62.
On March 17, 2015, Clare asked Griffin to meet with her and asked
human resources representative Bernadette Stewart to attend. Clare discussed all the
ways in which the evaluation was unfair and untrue and stated that the evaluation was
motivated by Griffins illegal bias against her.
63.
On March 18, 2015, Griffin had lunch with Bob Yates, Beth Bowman and
Bowman and Rochelle protested that firing Clare would damage the
CWA asked why he would do such a thing. Griffin said that the CWA was too dependent
upon Clare. Yates, who already knew of the plan to fire Clare, stated that Clare had to
go because she was too emotional.
The OIEC Fails to Protect Clare.
67.
This time the OIEC agreed to investigate the performance evaluation, but
12
warned that the investigation would likely take at least three months.
69.
Although Clare also reported to both the OIEC and the Chancellors
office Griffins announcement to Bowman and Rochelle that he intended to fire her in
May, there was no attempt made to expedite the investigation or to protect Clare from the
impending retaliatory termination.
70.
about the performance evaluation. That same day, the Employee Relations consultant
sent Griffin a form termination letter to use in terminating Clares employment and
scheduled a meeting for Griffin with University counsel to discuss the mechanics of the
termination.
71.
On April 6, 2015, the Conference began. Griffin and Yates spread the
word around the conference that Clare would be terminated after the Conference. Griffin
went around the conference introducing a young man he had hired to Conference
participants and attendees as a new CWA staff member, leading Clare and others to
believe that the young man was Clares replacement.
72.
in a crowded area. Clare reported this to the OIEC and to DiStefanos office. Despite the
fact that Griffins disclosure of her private personnel information to third parties clearly
violated University policies, neither DiStefano nor the OIEC took any action to prevent
Griffin from continuing to disparage and humiliate Clare.
73.
about the future of the CWA, attended by about 900 people. One of the panelists
thanked Clare for a very successful conference, and she received a standing ovation.
Griffin remained seated. An audience member asked Griffin why he was discarding
13
Butcher and Clare, who were the heart and soul of the conference. Griffin responded
that he was continuing to speak to Butcher about her involvement and conspicuously
made no mention of Clare.
74.
After the Conference, the IAB wrote to DiStefano reporting that Griffin
had refused to work with members of his staff on creating an atmosphere of mutual trust,
inclusiveness, transparency and respect. In its report, the IAB detailed Griffins multiple
failures as Director and again urged his removal.
75.
At a meeting in late April, the CWA staff and volunteers held their usual
meeting to discuss the conference. Dozens of volunteers spoke, strongly urging Griffin to
resign.
76.
had participated in CWA for several decades, refused to return unless Griffin was
removed.
77.
The two CWA staff members who assisted Clare resigned, stating that
79.
Griffin.
against Clare, his decimation of the organization that had been built through the hard
work and dedication of the CWA staff and hundreds of volunteers over seven decades,
Benson and DiStefano supported and protected Griffin and publicly praised his leadership
of the CWA.
Clare Takes a Medical Leave and Is Terminated.
80.
experienced psychological harm, including anxiety, depression and acute stress. Clares
health care providers advised her that she would risk further psychological harm if she
returned to work for Griffin. Clare took three months of job protected medical leave.
81.
In late July 2015, Clares medical leave expired and she was ordered to
return to work or be terminated. Clare asked for an extension of the medical leave
because the OIEC was still investigating her complaints against Griffin, and the
intolerable working conditions had not changed. Alternatively, Clare asked for a transfer
to another department and another supervisor.
82.
Despite the fact that he was still under investigation by the OIEC for his
discrimination and retaliation against Clare, Griffin was allowed participate in deciding
whether to grant Clares requests. Clares requests were denied.
83.
On August 10, 2015, the OIEC finally concluded that the performance
evaluation Griffin had given Clare was not discriminatory. Although it had investigated
for nearly five months, the OIEC failed to interview key witnesses and ignored the bulk of
Clares complaint, including her claim of retaliation.
84.
employment. The reasons for terminating Clare were pretextual. Clare was allowed to
use her accrued vacation to remain employed until December 20, 2015.
86.
Clare applied for several job openings within UCB. Although Clare was
well-qualified for these positions, she was rejected in retaliation for her protected activity.
Griffin Hires a Less Qualified Young Male to Replace Clare for Much Higher Pay.
87.
had worked as a running coach and had no relevant experience managing conferences
similar to the CWA. However, Culpepper had close social ties to Republican regent
Steve Bosley.
89.
Griffin hired three assistants to help Culpepper do the job that Clare had
legal prerequisites to the filing of this action. Specifically, she has received a Notice of
Right to Sue from the United States Department of Justice.
93.
because the unlawful practices alleged herein were committed within the District of
Colorado.
PARTIES
94.
95.
Colorado.
96.
16
97.
alleged herein.
99.
Gender and age are protected classes pursuant to the United States
Constitution's due process and equal protection guarantees. Plaintiff Clare is a member of
a protected class.
100.
rights, under color of state law, when they acted intentionally and recklessly to deny
Plaintiff Clare equal protection under the law because of her gender and age.
101.
practice of Defendants.
105.
constitutional violations, had the power to prevent or mitigate such illegal conduct,
demonstrated deliberate indifference to and tacit authorization of the acts, and failed to
take sufficient remedial action.
106.
Plaintiff Clare suffered injury to her person and her property on account
alleged herein.
108.
110.
111.
gender and opposition to conduct prohibited by Title VII, including but not limited to
subjecting her to workplace hostility, evaluating her performance unfairly, publicly
disparaging and humiliating her, forcing her out of her position and terminating her,
denying her other positions for which she was qualified and paying her less than a male
employee in the same position.
112.
Plaintiff Clare was treated less favorably than male employees and
18
114.
alleged herein.
116.
(ADEA). At all relevant times, she was over the age of 40 and opposed acts prohibited
by the statute.
117.
age and opposition to conduct prohibited by the ADEA, including but not limited to
subjecting her to workplace hostility, evaluating her performance unfairly, publicly
disparaging and humiliating her, forcing her out of her position and terminating her,
denying her other positions for which she was qualified and paying her less than a
younger employee in the same position.
118.
Plaintiff Clare was treated less favorably than younger employees and
120.
damages.
FOURTH CLAIM FOR RELIEF
19
alleged herein.
122.
Plaintiff Clare is protected by the CADA in that she is a female, she was
over the age of 40 at all relevant times, and she opposed acts prohibited by the statute.
123.
gender, age and opposition to conduct prohibited by the CADA, including but not limited
to subjecting her to workplace hostility, evaluating her performance unfairly, publicly
disparaging and humiliating her, forcing her out of her position and terminating her,
denying her other positions for which she was qualified and paying her less than a
younger male employee in the same position.
124.
Plaintiff Clare was treated less favorably than employees who were
younger, male, and/or who did not oppose acts prohibited by the CADA.
125.
126.
damages.
FIFTH CLAIM FOR RELIEF
Breach of Contract
(Against Defendant Board of Regents)
127.
alleged herein.
128.
Plaintiff Clare and the Regents entered into a contract for employment.
20
129.
Plaintiff Clare's contract for employment guarantees her the right not to
be discriminated against on the basis of her age and/or sex and not to be retaliated
against for making complaints of discrimination.
130.
131.
against Plaintiff because of her age and/or gender and by retaliating against her for
opposing discrimination.
132.
alleged herein.
134.
Clare was performing work which was substantially equal to that of the
male employee who was hired to replace her, considering the skills, duties, supervision,
effort and responsibilities of the jobs.
135.
The conditions where the work was performed were the same.
136.
137.
138.
The actions of Defendants in violation of the Equal Pay Act were willful.
139.
Clare is entitled to recover the difference between her wages and those
21
c)
amount of back pay and benefits, wages, and other employment opportunities;
d)
e)
and humiliation;
f)
Liquidated damages;
h)
i)
j)
22
Plaintiffs Address:
2126 Grove Street
Denver, CO 80211
23
JS 44 (Rev. 11/15)'LVWULFWRI&RORUDGR)RUP
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
DEFENDANTS
MAURA CLARE
Denver, Colorado
Boulder, Colorado
U.S. Government
Plaintiff
u 3
Federal Question
(U.S. Government Not a Party)
u 2
U.S. Government
Defendant
u 4
Diversity
(Indicate Citizenship of Parties in Item III)
David Temple, University of Colorado Office of University Counsel Litigation, 1800 Grant St., Suite 700, Denver, CO 80203
Telephone: 303-860-5691
DEF
u 1
u 2
u 5
u 5
Citizen or Subject of a
Foreign Country
u 3
Foreign Nation
u 6
u 6
u
u
u
u
u
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
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& Enforcement of Judgment
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152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
u
u
u
u
u
u
u
PERSONAL INJURY
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Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
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Personal Injury
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Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
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u 380 Other Personal
Property Damage
u 385 Property Damage
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PRISONER PETITIONS
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Sentence
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Confinement
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u 422 Appeal 28 USC 158
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28 USC 157
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Act
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Relations
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Leave Act
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Income Security Act
u
u
u
u
u
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
IMMIGRATION
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Actions
OTHER STATUTES
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u 376 Qui Tam (31 USC
3729(a))
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u 2 Removed from
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u 3
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Reopened
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(specify)
u 6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Title VII of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e, et. seq
"1%PDLFU
DEMAND $
500,000.00
DOCKET NUMBER
s/John A. Culver
01/25/2017
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
(b)
(c)
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V.
VI.
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statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service25$3'RFNHW
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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.