Case 2:10-cv-09198-JVS-JDE Documenti1-1 Filed 10/26/10 Pagelof3 Page ID #:68

JS 44 (Rev. 12/07) (CAND Rev 1/10)

CIVIL COVER SHEET

The JS 44 civil cofer sheet and the information contained hercin neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided bY loca! 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 PAGE TWO OF THE FORM.

<j (a) PLAINTIFFS YCE WALKER, KIM BRUCE HOWLETT, and = MURIEL SPOONER on behalf of themselves

and all others similarly situated ( C5 ) (b) County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF ‘Ce 0) 0-4 Xs 2

. Attorney's (Firm Name, Address, and Telephone Number) es N. Freibe KASOWITZ, BENSON, TORRES eBRTEDMAN LLP, LOY California Street, Suite

4300; San Francisco arvey R. Levine, L

C. Street, Suite 1810, 8596

II. BASIS OF JURISDICTION (Place an “x” in One Box Only)

94111 Pay She & MILLER, 550 West San Diego, CA 92101-

DEFENDANTS LIFE INSURANCR COMPANY OF THE SOUTHWEST,

Texas corporation, and DOES 1-50

County of Residence of First Listed Defendant

(IN U.S, PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

NOTE:

Attorneys (If Known) Jonathan A. Shapiro, WILMER CUTLER PICKERING

HALE AND DORR LLP, 950 Page Mill Road, Palo Alto, CA 94304 (650-858-6101)

I. CITIZENSHIP OF PRINCIPAL PARTIES (Ptace an“ x" in One Box for Plaintiff

(For Diversity Cases Only) and One Box for Defendant)

PTE DEF PTF DEF [7]! U.S. Government [] 3 Federal Question Citizen of This State CX] )} [] 1 Incomorated or Principal Place [_] 4 [J] 4 Plaintiff (U.S. Government Noi a Party) of Business In This Slate (C]2 U.S. Government [FX] 4 Diversity Citizen of Another State [7] 2 [2 Incorporated and Principal Place ([] 5 1 s Defendant (Indwate Citizenship of Parties m Item TI} of Business In Another State Citizen or Subjectofa [[-] 3 [7] 3 Foreign Nation [] 6 CJ 6 Foreign Country IV, NATURE OF SUIT (Place an “X" in One Box Only) CONTRACT TORTS Se ree ema BANKRUPTCY OTHER STATUTES CT] 110 Insurance PERSONALINJURY | PERSONALCHNJURY [F—J610 Agriculture "]422 Appeal 28 USC 158 [400 State Reapportionment! {[_} 120 Marine [310 Airplane £77362 Personal Injuy— (J 620 Other Food & Drug T1423 Wilhdrawal 410 Antitrust CJ 130 Miller Act i r P—J625 Drug Related Seizure | 28 USC 157 [3430 Banks and Banking [J] 140 Negotiab'e Instrument of Property 2) USC 881) [J 450 Commerce [] 150 Recovery o! Overpaymem | a 630 Liquor Laws PROPERTY RIGHTS [F- 460 Deportation & Enforcement of Judgment TC JHOR.R, & Truck 820C h [3470 Racketeer Influenced and Ci] 151i Medware Act [1650 Airline Regs. — 830 ate ? Corrupt Organizations [—] 152 Recovery of Defaulted Liability Liability TC _}660 Occupational oon 840 reac k J] 480 Consumer Credit Student Loans "1340 Marine PERSONAL PRG | Safety/Health — <mtaiiat 7] 490 Cable/Sai TV (Excl Veterans) P1345 Marine Phodics ; T3690 Other [7810 Selective Service [] 153 Recovery of Overpayment Liability ) ~] 850 Securities‘Commodities/ of Veteran's Benefils "1350 Motor Vehitle LABOR SOCIAL SECURITY Exchange C1 160 Stockholders’ Suits P7355 Motor Vehtle [710 Fair Labor Standards [7861 HIA (139511) [875 Customer Challenge [oJ 190 Other Contract Product Liability [862 Black Lung (923) 12 USC 3410 [1] 195 Contract Product Liability — (7=7360 Other Personal Injury | hae Liability (1720 Labor/Mgmi, Relations (—J863 DIWC/DIWW (405(g)) [890 Other Statutory Actions C196 Franchise "| 730 Labor/Mgmt.Reporting [[_]864 SSID Title XVI P89) Agricultural Acts PRISONER & Disclosure Act [--]865 RSI (405(g)) [1892 Economic Stabilization Act REAL PROPERTY . CIVIL RIG PETITIONS 740 Railway Labor Act TC] 893 Environmental Matters [7] 210 Land Condemnation [441 Voting [510 Motions to Vacate LH a oan ag Litigation = a ue “hae op Bl 5 ie * * et. be Co) 220Foreclosure F_1442 Employment Sentence i rita md : FEDERAL TAX SUITS aa CC] 230 Rent Lease & Ejectment [7443 Housing/ Habeas Corpus: wry ae t [J] 240 Tons to Land Accommodations [77] 530 General [1870 Taxes (U.S. Plainiff =O gg os ot Fee [—] 245 Tort Product Liability 444 Welfare P=} 535 Death Penalty or Defendant) gre 7 [7] 290 All Other Real Property (445 Amer. w/Disabilities - [] 540 Mandamus & Other IMMIGRATION [1871 (RS-—-Third Party 7 2 ee ee Employment J 550 Civil Rights 462 Nauralization Applicaton 26 USC 7609 Ac ae 446 Amer. wiDisabihties -[7—] 555 Prison Condition 463 Habeas Corpus - — “tt ot mS Silver le Slatutes 440 Other Civil Rights Alien Detainee Gr Se as "1 465 Other Immigration Actons V. ORIGIN = (PiaceanX" in One Box Only) Transferred from Appeal to District CI! Original [8)2 Removed from ((]3 Remanded from [14 Reinstated or [5] 5 another district CJ 6 Multidistrict CJ 7 Judge from Proceeding State Court Appellate Court Reopened (specify) Litigation Magistrate Judgment

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

| 28 U.S.C. §§ 1332, 1367

Brief description of cause:

VI. CAUSE OF ACTION

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION

COMPLAINT: UNDER F.R.C.P. 23 VITI. RELATED CASE(S) PLEASE REFER TO CIVIL IF ANY "NOTICE OF RELATED PASE".

IX. DIVISIONAL ASSIGNMENT (CIVIL L.R. 3-2) (PLACE AND "X" IN ONE BOX ONLY)

DATE

R. 3-12 CONCKRNING REQUIREMENT TO FILE

1441, 1446, 1453

CHECK YES only if demanded in complaint: JURY DEMAND: —[&] Yes(7] No

DEMAND $

[EX] SAN FRANCISCO/OAKLAND L_]sanyose []EuREKA a OF ATTORNEY OF RECORD

Case 2:10-cv-09198-JVS-JDE Document 1-1 Filed 10/26/10 Page 2of3 Page ID #:69

JS 44 Reverse (Rev. 12/07) 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) Plaintiffs-Defendants. Enter names (last, first, middie initial) of plaintiff and defendant. If the plaintiff or defendant is a govemment 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 US. 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)”.

IT, 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 ora 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 ! 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.)

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 the nature of suit cannot be detennined, 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,

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 144]. 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. (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.

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 (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.

Case 2:10-cv-09198-JVS-JDE Documenti-1 Filed 10/26/

PEEMFC RPC

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 niles 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 ininating

* civil docket sheet (SEE INSTRUCTIONS ON PAGE TWO OF THE FORM.

Lect PLAINTIFFS

E_ WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER on behalf of Fleets teas

and ali others similarly situated

(b) County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES)

Charles N. Fre gibene: KASOWITZ, BENSON, TORRES & FRIEDMAN LLP California Street, Suites

300, San Francisco 94111 arvey R. Levine, Pav ThE & MILLER, 550 West

C. Street, Suite 1810, San Diego, CA 92101- 8596 H. BASIS OF JURISDICTION (Pisce an~x” in One Box Only)

DEFENDANTS LIFE INSURANCE COMPANY OF THE SOUTHWEST, a

Texas corporation, and DOES 1-50

County of Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONLY)

NOTE: INLAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED. Attorneys (If Known)

Jonathan A. Shapiro, WILMER CUTLER PICKERING HALE AND DORR LLP, 950 Page Mill Road, Palo Alto, CA 94304 (650-858-6101)

Ill. CITIZENSHIP OF PRINCIPAL PARTIES (Pisce an “X” in One Box for Plaintiff

(For Diversity Cases Only) and One Box for Defendant)

PTF DEF PTF DEF “EJ! (US. Government [_] 3 Federal Question Citizen of This State [RX] 1 [7] 1 Incorporated or Principal Place [_] 4 [J 4 Plaintiff (U.S. Government Not a Party) of Business In This State [CJ2 US. Government FX} 4 Diversity Cilizen of Another State [__] 2 [7 2 Incorporated and PrincipalPlace [[_] 5 KK] s Defendant (Indicate Citizenshop of Parties nm Item HI) of Business In Another State CitizenorSubjctofa [J] 3 ([[] 3 Foreign Nation T | 6 [_] 6 Foreign Country IV, NATURE OF SUIT (P lace an “X” in One Box Only) CONTRACT TORTS |FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES Ej 110 Insurance PERSONAL INJURY PERSONALINJURY [[_]610 Agriculture __]422 Appea) 28 USC 158 [3 400 State Reapponionment E_] 120 Marine "F310 Airplane F362 Personal Injury — TJ 620 Other Food & Drug LJ 423 Withdrawal 1410 Antitrust [_] 130 Miller Act "$315 Airplane Product Med. Malpractice [625 Drug Related Seizure 28 USC 157 [J 430 Banks and Banking [_] 140 Negoliab!e Insirument Liability "3365 Personal Injury ~ of Property 21 USC 88) __] 450 Commerce [=] 150 Recovery of Overpayment = (3370 Assauk, Libet & Product Liability [-]630 Liquor Laws PROPERTY RIGHTS [1460 Deporation & Enforcement of Judgment Slander (7368 Asbestos Personal [L_J640R.R. & Truck 820 Copyrighis TJ 470 Racketeer Influenced and f—] 153 Medware Act [—J330 Federal Employers’ Injury Product "1650 Airline Regs. =p chika Corupt Organizations [J 152 Recovery of Defaulted Liab ility Liability [7 660 Occupational = oo . aid [J 480 Consumer Credit Student Loans . 1340 Marine PERSONAL PROPERTY Safety/Health — tn bas T1490 Cable/Sat TY (Excl Veterans) 1345 Marine Product P1690 Other [_} 810 Selective Service [_] 153 Recovery of Overpayment Liab itity = tie aaa aa CP] 850 Securities/Cammod ities/ of Veteran's Benefits 7350 Motor Vehicle = 380 Other Personal & LABOR SOCIAL SECURITY Exchange [J 160 Stockholders’ Suits [P55 Motor Vehicle Property Damage [1710 Fair Labor Standards = [—]861 HIA (1395!) [J] 875 Customer Challenge EJ 190 OtherContract = Product Liability 7385 Property Damage Act [—]862 Black Lung (923) 12 USC 3410 EJ] 195 Contract Product Liability =[-~3360 Other Personal Injury Product Liability [2.9720 Labor/Mgrm. Relations [—]863 DIWC/DIWW (405(g)) [=] 890 Other Statutory Actions []_196 Franchise | SRISONER "1730 Labor/MgmiReporting [__]864 SSID Title XV) Ls - sit - & Disclosure Act [865 RS) (405(g)) = onomn Stabilization Act REAL PROPERTY ae es PETITIONS _ [1740 Railway Labor Act [893 Environmental Matters (J 210 Land Condemnation 441 Voting [—] 510 Motions to Vacate [790 Other Labor Litigation [1 894 Energy Allocation Act [—] 220 Forecbsure 442 Employment Sentence 1791 Empl. Ret. Inc. FEDERAL TAX SUITS =] 95 Freedom of Intormation [—] 230 RentLease & Ejectment (1443 Housing/ Habeas Corpus; Security Act ; Aa ras [J 240 Torts io Land Accommodations [7530 General 1870 Ter (U5. “pal P% here [-} 245 Tort Product Liability 1444 Welfare T]535 Death Penalty or Defendant CJ] 290 AllOther RealProperty [—]445 Amer. w/Disabilities - [77] 540 Mandamus & Other IMMIGRATION (387) IRS—Third Party Under Equal Access dee fark LJ 950 Civil Rights [—] 462 Naturatization Application .— oay950 Ades kar of i6 Amer. w/Dis abilities ~["7] 555 Prison Condition — F463 Habeas Corpus - seein ae: y eid Sui, Cee Tl ° | Alien Detainee — nae. Sole J 465 Other Immigration } Actors V. ORIGIN = (Piace an"X" in One Box Only) Transferred from Appeal to District [CJ]! Original (£8) 2 Removed from E=]3 Remanded from [7] 4 Reinstated or [2] 5 another district [) 6 Multidistrict [17 Judge from Proceeding State Court Appellate Court Reopened (specify) Litigation Magistrate Judgment Cite the U.S, Civil Starute under which you are filing (De not cite jurisdictional statutes unless diversity): 2 8 Uy s S * C e Lt fd l 3 3 2 1 6 7 1 Z VI. CAUSE OF ACTION [|48—U-5- 0. 88 - Soha heODs SDS | Brief description of cause: VH. REQUESTED IN [47 CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:

COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: 2] YesL_] No VIII. RELATED CASE(S) PLEASE REFER TO CIVIL L.R. 3-12 CONCERNING REQUIREMENT TO FILE

IF ANY "NOTICE OF RELATED CASE", 1X. DIVISIONAL ASSIGNMENT (CIVIL L.R. 3-2) (PLACE AND "X" IN ONE BOX ONLY) [XSAN FRANCISCO/OAKLAND [C_lsanJose [_JEuUREKA

GRATUB SY

ATE 10-26-2010

OF ATTORNEY OF RECORD

fo, Jonathan A. Shapiro