Beruflich Dokumente
Kultur Dokumente
Randy J. Cox
BOONE KARLBERG P.C.
201 West Main, Suite 300
P. O. Box 9199
Missoula, MT 59807-9199
Phone: (406) 543-6646
Fax: (406) 549-6804
rcox@boonekarlberg.com
Court for the District of Montana, Missoula Division, this case, pending as Case
No. DV-18-593 in the Fourth Judicial District Court of Montana, Missoula County
(the “State Court Action”). The grounds for removal are as follows.
Case 9:18-cv-00185-DWM Document 1 Filed 11/02/18 Page 2 of 10
INTRODUCTION
asserting claims against Atlantic Richfield based on his alleged exposure to arsenic
and other contaminants between 1955 and 1974 in the area of Mill Creek, which is
operated mining, milling, and smelting facilities in Deer Lodge County until
Removal is proper under 28 U.S.C. §§ 1332 and 1441 because the plaintiff
and Atlantic Richfield, the only named defendant that still exists, are of diverse
citizenship and the claims asserted exceed the $75,000 jurisdictional threshold.
State Court Action. All process, pleadings, and orders served upon Atlantic
neuropathy following exposure to arsenic and other contaminants emitted from the
2
Case 9:18-cv-00185-DWM Document 1 Filed 11/02/18 Page 3 of 10
Lodge County. Plaintiff alleges that such exposure occurred when Plaintiff lived
in Mill Creek, from 1955 to 1974. Atlantic Richfield ceased operating the
2018. Atlantic Richfield was the first defendant served, and no other defendant has
been served. Thus, this Notice of Removal is timely filed pursuant to 28 U.S.C.
§ 1446(b).
Clerk of the District Court of Missoula County, Montana, and is being served on
Atlantic Richfield, the only named defendant that still exists, and the amount in
6. Plaintiff is, and was at the time the Complaint was filed, a citizen and
3
Case 9:18-cv-00185-DWM Document 1 Filed 11/02/18 Page 4 of 10
state by which it has been incorporated and of the state where it has its principal
corporation with its principal place of business in Texas, and thus is not a citizen of
These defendants were predecessors to Atlantic Richfield and were merged into
(Compl. ¶¶ 2, 3.)
8. The citizenship of entities that have merged into other entities and no
1
In his Complaint, Plaintiff acknowledges that The Anaconda Company is now inactive,
but alleges that it still “maintains its registered agent in Missoula County.” (Compl. ¶ 6.) Even
if true, diversity jurisdiction, which is determined based on the state of incorporation and the
corporation’s principal place of business. 28 U.S.C. § 1332(c)(1). Thus, the existence of a
registered agent in a state has little bearing on whether diversity jurisdiction exists. See, e.g.,
Perez v. Auto Tech. Co., No. CV1306728MMMVBKX, 2014 WL 12601479, at *2 (C.D. Cal.
Feb. 3, 2014) (“[A]llegations regarding the location of a corporation's registered agent for service
of process are insufficient to establish citizenship for purposes of diversity jurisdiction.”);
Eckerle v. Deutsche Bank Nat. Trust, CIV. 10–00474 SOM, 2010 WL 3984687, *2 (D. Haw.
Sept. 17, 2010) (“Plaintiffs argue that complete diversity of citizenship is lacking because
AHMSI is a registered business in Hawaii and has a registered agent in Honolulu. However, just
because a corporation is registered to do business in a certain state does not make that state its
principal place of business” (citations and internal quotation marks omitted)).
4
Case 9:18-cv-00185-DWM Document 1 Filed 11/02/18 Page 5 of 10
Divco-Wayne Corp., 523 F.2d 543, 549 (7th Cir. 1975); Meadows v. Bicrodyne
Corp., 785 F.2d 670, 672 (9th Cir. 1986) (citing Hoefferle).
ceases to exist when it is merged into another company. See Mont. Code Ann.
§ 35-2-612(1) (“[E]very other corporation party to the merger merges into the
surviving corporation and the separate existence of every corporation except the
surviving corporation ceases”); Del. Code tit. 8, § 259 (“When any merger or
consolidation shall have become effective under this chapter, . . . the separate
existence of all the constituent corporations . . . shall cease[.]”); Tex. Bus. Orgs.
each domestic entity that is a party to the merger, other than a surviving or new
11. The Complaint also names “Does 1-100” as defendants. For purposes
disregarded.”).
5
Case 9:18-cv-00185-DWM Document 1 Filed 11/02/18 Page 6 of 10
12. Based on the alleged migration of smelter and ore processing wastes
onto property where Plaintiff previously resided, Plaintiff asserts claims for
regarding the specific amount demanded from Defendants. “When the amount is
not ‘facially apparent’ from the complaint, ‘the court may consider facts in the
13. Atlantic Richfield disputes that it has any liability to Plaintiff and
determined by the amount of damages sought by Plaintiff and not those to which
emotional distress, cost of medical care, and loss of income and permanent
Headapohl, stated that Plaintiff “is not compatible with jobs requiring hand
6
Case 9:18-cv-00185-DWM Document 1 Filed 11/02/18 Page 7 of 10
or requiring fine hand motor or sensory skills.” (Compl. ¶ 31.) Plaintiff alleges
Dr. Headapohl further stated that Plaintiff is at risk for arsenic-related kidney
disease and will require periodic monitoring. (Id.) In addition, Plaintiff seeks
substantial damages, including pain and suffering and punitive damages (Compl.
¶¶ 35, 47–49; Prayer for Relief ¶¶ 1–2), it is more likely than not that Plaintiff
seeks damages in excess of $75,000. Plaintiff’s claim for medical treatment alone
likely exceeds $75,000: for both past and future expenses, Plaintiff seeks the “cost
own. (Id. ¶ 35(E).) Plaintiff alleges that one of his doctors has concluded that his
stairs, or requiring fine hand motor or sensory skills.” (Id. ¶ 31.) Given these
alleged limitations, Plaintiff will likely contend that most occupations are now
7
Case 9:18-cv-00185-DWM Document 1 Filed 11/02/18 Page 8 of 10
unavailable to him. Plaintiff is 63 years old. (Id. ¶ 27.) Because Plaintiff will
likely contend that multiple years of future employment were still possible,
16. Courts in the Ninth Circuit have held that the amount in controversy
exceeded $75,000 where the plaintiff sought very similar categories of “significant,
long-term damages.” See, e.g., Kroske, 432 F.3d at 980 (affirming the district
court’s finding that the amount in controversy was met where the plaintiff did not
allege the amount of damages sought but requested lost wages, health and mental
options, and emotional distress damages); Grazia v. Safeco Ins. Co. of Am., 2017
exceeded $75,000 where complaint claimed damages “for past and future medical
expenses, pain and suffering damages, and lost wages and earning capacity,” and
Inc., 2016 WL 9275451, at *3 (C.D. Cal. June 30, 2016) (collecting cases and
finding the amount in controversy “more likely than not” exceeded $75,000 where
the plaintiffs sought “compensatory damages for what are alleged to be severe
injuries that will require significant medical treatment” as well as pain and
8
Case 9:18-cv-00185-DWM Document 1 Filed 11/02/18 Page 9 of 10
1787191, at *1 (D. Nev. Apr. 25, 2013) (finding the amount in controversy likely
exceeded $75,000 where the plaintiff sued the defendant for negligence and sought
to recover past and future medical costs, pain and suffering, loss of earning
District Court is proper because diversity of citizenship exists and the amount in
2
Alternatively, to the extent Plaintiff disputes that he seeks less than the jurisdictional
amount, Atlantic Richfield requests leave to take jurisdictional discovery from the Plaintiff
regarding the value of his claims. See Abrego Abrego v. The Dow Chem. Co., 443 F.3d 676, 691
(9th Cir. 2006) (“[I]t may be appropriate to allow discovery relevant to jurisdictional amount
prior to remanding.”).
3
Atlantic Richfield reserves its right to remove this case based on federal question
jurisdiction within 30 days of first receipt of a pleading or paper from which it may ascertain that
the case is removable on that basis as well.
9
Case 9:18-cv-00185-DWM Document 1 Filed 11/02/18 Page 10 of 10
CERTIFICATE OF SERVICE
This is to certify that on the 2nd day of November, 2108, the foregoing was
1 CM/ECF
_____ Hand Delivery
2 Mail
_____ Overnight Delivery
_____ Facsimile
_____ E-Mail
2. William A. Rossbach
Rossbach Law, PC
401 N. Washington Street
P. O. Box 8988
Missoula, MT 59807
_______________________________
10
Case 9:18-cv-00185-DWM Document 1-1 Filed 11/02/18 Page 1 of 22
EXHIBIT 1
A lb.
Case 9:18-cv-00185-DWM Document 1-1 Filed 11/02/18 Page 2 of 22
;_:_t CT Corporation Service of Process
Transmittal
10/12/2018
CT Log Number 534219168
TO: LaTrisha Charles
BP America Inc.
501 Westlake Park Blvd
Houston, TX 77079-2604
ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS:
TITLE OF ACTION: WILLIAM E. CORCORAN, Pltf. vs. ATLANTIC RICHFIELD COMPANY (ARCO), et at., Dfts.
Image SOP
Page 1 of 1 / SM
Information displayed on this transmittal is for CT
Corporation's record keeping purposes only and is provided to
the recipient for quick reference. This information does not
constitute a legal opinion as to the nature of action, the
amount of damages, the answer date, or any information
contained in the documents themselves. Recipient is
responsible for interpreting said documents and for taking
appropriate action. Signatures on certified mail receipts
confirm receipt of package only, not contents.
Case 9:18-cv-00185-DWM Document 1-1 Filed 11/02/18 Page 3 of 22
William A. Rossbach
ROSSBACH LAW, PC.
401 N. Washington Street
P. 0. Box 8988
Missoula, MT 59807
Tel: (406) 543-5156
Fax: (406) 728-8878
bill®rossbachlaw.com
V.
-
ATLANTIC RICHFIELD COMPANY SUMMONS
(ARCO), ATLANTIC RICHFIELD
DELAWARE CORPORATION, THE _'
ANACONDA-COTVIF'ANY,-TBE -
ANACONDA DELAWARE
CORPORATION,
DOES 1-100, .
-
Defendants.
•
FOLLOWING DEFENDANT:
which is filed in the office of the Clerk of this Court, a copy of which is herewith
served upon you, and to file your answer and serve a copy thereof upon the
Plaintiffs attorney within twenty one (21) days after the service of this Summons,
answer, judgment will be taken against you by default for the relief demanded in
the Complaint.
Witness my hand and the seal of said Court, the 10th day of October, 2018.
By.
2.
Case 9:18-cv-00185-DWM Document 1-1 Filed 11/02/18 Page 5 of 22
William A. Rossbach
ROSSBACH LAW, PC.
401 N. Washington Street
P.O. Box 8988
Missoula, MT 59807
Tel: (406) 543-5156 FILED MAY 0 9 2018
Fax: (406) 728-8878 SHIRLEY E. FAUST. CLERK
billerossbachlaw.com
V.
Defendants.
Plaintiff William E. Corcoran, by and through his counsel, and for his First
PARTIES
domestic corporation for profit with its principal place of business in the State
Missoula, Montana.
business corporations for profit organized and existing under the laws of states
other than the State of Montana with principal places of business in states
Delaware Corporation assumed liability forall claims that could have been brought
against The Anaconda Company. For purposes of this action, the allegations and
claims against The Anaconda Company are also allegations and claims against
through 100, inclusive, are unknown to Plaintiff at this time. These Doe
Defendants in the operation of the Anaconda Smelter and bear responsibility for
actions that caused the contamination of the soils, waters, and homes of the
residents of Mill Creek, Montana. Plaintiff therefore brings this action against
Does I through 100, inclusive, by such fictitious names. Plaintiff will seek leave to
amend this Complaint to state the true names and capacities of Does 1 through
100 when the same have been ascertained, together with further appropriate
charging allegations. Plaintiff is informed, believes, and thereon alleges that each
Defendant, fictitiously named Does 1 through 100 is legally responsible for the
occurrences herein alleged and that Plaintiff's injuries and damages were
and the Plaintiff is a resident of Missoula County and all the named ARCO
Defendants, except The Anaconda Company, are foreign corporations and not
a result of the mergers with the ARCO Defendants, but, still maintains its
GENERAL ALLEGATIONS
maintained a Smelting operation located near the towns of Anaconda and Mill
mining companies had developed large scale underground and open pit mines in
Butte.
10. In 1884, the Anaconda Copper Mining Company and its predecessors
presently known as the Old Works. Those facilities were located on the north side
of Warm Springs Creek adjacent to the town of Anaconda and operated until
about 1901. By 1902, ore processing and smelting operations had begun at the
Washoe Reduction Works located on Smelter Hill, south of the Old Works and
east of the town of Anaconda. That facility was also known as the Anaconda
Smelter.
merged with The Anaconda Company, making it inactive, and expressly assumed
its liabilities, as well as its assets. Operations at the Smelter ceased in 1980 and
the smelter facilities were dismantled soon thereafter. The only substantial feature
remaining from the Smelter facility is the 585-foot tall brick smelter stack.
12. The Anaconda Company and its successors (ARCO) began smelting
operations at the Anaconda Smelter for nearly a century beginning in the 1880s
and ceasing in 1980. The Anaconda Company merged with the Atlantic Richfield
Corporation (ARCO) in 1977. ARCO operated the smelter from 1977 to 1980. .
Anaconda Smelter a Superfund site on the National Priorities List (NPL) and
ore processing at the smelter produced wastes spread over more than 6,000 acres,
According to the ROD, ARCO estimated that the wastes included about 185
million cu. yds. of tailings, 27 million cu. yds. of slag, and 0.25 million cu. yd. of
flue dust.
Smelter site. The community covers an area of 160 acres. Residents began
moving into the Mill Creek area in 1902. By 1916-1917, a large part of the Mill
Creek area contained a variety of residences, including tents and log houses.
the Anaconda smelter, the Community of Mill Creek has been contaminated for
over 100 years with smelter emissions, fugitive emissions of flue dust at the
smelter, and fugitive emissions from adjacent highly contaminated soils. Smelter
17. During soil sampling of communities in the vicinity of the smelter, the
EPA discovered that Mill Creek had extremely high levels of arsenic and other
18. On the basis of the available data, EPA concluded that the soil in Mill
Creek was highly contaminated with arsenic and other toxic metals derived from
•
the Anaconda Smelter. The EPA concluded that environmental and biologic
testing showed that the community of Mill Creek, Montana was the most
contaminated inhabited area around the Anaconda Smelter NPL site. Mill Creek
residents were constantly exposed to air, water, soils, and dust contaminated by
19. In March 1985, the Center for Disease Control (CDC) found that pre-
school children from Mill Creek had greater arsenic exposure than children of
another community in the Anaconda area. Later urine sampling in July of 1985
showed that the levels in the Mill Creek children remained higher than those of
children in any other community studied. These elevated urinary arsenic levels
persisted despite efforts to remove house dust from their Mill Creek homes. Only
after some children were relocated from Mill Creek did their urinary arsenic levels
20. In 1986, Clement and Associates prepared for the EPA a detailed,
21. Based on the Endangerment Assessment, the ROD determined that for
Mill Creek children, direct ingestion of soil was the most likely route of exposure
to hazardous contaminants from the Anaconda Smelter site. For adults and
contaminated drinking water and inhalation and ingestion of airborne dirt and
household dust.
22. The ROD also determined that the total environmental exposure of
exposure. Therefore, the actual risk was increased by the many routes of exposure
to soil, dust, and drinking water and the total arsenic exposure was additive.
23. EPA concluded that the elevated arsenic levels in the urine of the
children formerly living in Mill Creek demonstrated that they were exposed to
elevated levels of arsenic and other metals associated with the smelter.
24. EPA in the ROD identified significant public health risks for children
by exposure to arsenic and heavy metals in soil, drinking water, and household
25. Human health concerns in IVlill Creek became EPA's highest priority
for the Anaconda Smelter site. The EPA concluded that the contamination in the
Mill Creek area posed an imminent and substantial endangerment to the health of
26. As described in the EPA ROD of October 1987, because of the extent
and complexity of the exposures, the EPA concluded that the preferred alternative
was to relocate all the residents, demolish all structures, and fence and provide a
vegetative cap to isolate all the contaminated soil. That took place through 1988.
27. Plaintiff William Corcoran was born on May 30, 1955 in Butte,
Montana. He lived with his family in Mill Creek from 1955 to 1974. During that
time he, like all children and adults residing in Mill Creek, was exposed to arsenic
and other toxic chemicals by the same exposure pathways determined and
evaluated by the EPA in its Remedial Investigation of the Mill Creek Superfund
site, including ingestion of dirt, dust, and contaminated water and inhalation of.
28. In 2015, after suffering increasing pain and disability in his hands and
feet, Plaintiff began seeing doctors to try to find a diagnosis for his symptoms.
29. On June 2, 2015, Dr. Erica Seas at St. Vincent's in Billings expressly
diagnosed for the first time that Plaintiff suffered from arsenic induced neuropadiy.
concluded that he: "has peripheral neuropathic symptoms consistent with arsenic
induced neuropathy. ... It is unlikely that his peripheral neuropathy will improve.
... because of his evolving peripheral neuropathy, he is not compatible with jobs
ladders or stairs, or requiring fine hand motor or sensory skills." She also
concluded that he was at risk for arsenic related kidney disease and will require
Anaconda smelting operation and its associated facilities, and at times since
smelter and ore processing materials - including, but not limited to, furnace
. —
slag, flue dust, and heavy metals such as arsenic and other toxic chemicals, to
enter the air, soil, surface waters, and groundwater in and around said facilities
continue to migrate, by means of air, groundwater, and soil, onto Mill Creek
property where Plaintiff resided as a child and adolescent for nearly 20 years.
and/or failed to disclose material facts to Plaintiff and his family and other
residents of Mill Creek. Defendants were aware ofthe toxicity and migration
of these hazardous materials, knew the hazards associated with the migration
of these toxic materials into the community, and failed to warn Plaintiff, his
family, and other residents of Mill Creek that their health, welfare, and
and other toxic materials, Plaintiff has sustained severe and .permanent
physical and mental injuries as described above and has been damaged and is
C. Emotional distress;
(Negligence)
reference herein.
control and contain the hazardous and toxic materials generated, used, and
negligent and unlawful conduct, Plaintiff has suffered, and continues to suffer,
(Trespass)
the wrongful act of trespass by arsenic and other toxic contaminants and
Plaintiff lived with his family for nearly twenty years. These toxic substances
Were transported onto Plaintiff's residence and home by air, soil, and
groundwater.
41. Defendants have failed to remove said toxic substances from the
property.
has suffered, and continues to suffer the physical and emotional injuries and
by reference.
43. The smelting, use, disposal, and release of large quantities and,
suffered, and continues to suffer the injuries, damages and detriment as herein
alleged.
Plaintiff and his family resided for nearly twenty years in violation of § 27-1-
property, Plaintiff was exposed to arsenic and other toxic chemicals and has
suffered, and continues to suffer the injuries, damages, and detriment as above
alleged.
PUNITIVE DAMAGES
-
47. Although Defendants knew for many years that their unlawful
conduct alleged above would cause, and did cause, actual and extensive harm to
persons such as Plaintiff and adjacent residential communities such as Mill Creek
indifference to the harm and the high probability of further injury and harm to
their falsity and have concealed material facts, depriving Plaintiff of his legal
constituted actual malice and fraud in that the Defendants intentionally created a
promote Midi and honesty and to provide an incentive for Defendants and others so
situatei
WHEREFORE, Plaintiff prays for judgment against the Defendants and for
and to deter Defendants and others similarly situated from engaging in similar
conduct;
4. Such other and further relief as the Court deems just and
. equitable.
ROSSBACH LAWI P C
By:
William A. Rossbach
Plaintiff hereby demands a trial by jury of any and all issues in this action so
triable of right.
ROSSBACH L P C.
By:
William A. Rossbach
EXHIBIT 2
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Case 9:18-cv-00185-DWM Document 1-2 Filed 11/02/18 Page 3 of 3
Case 9:18-cv-00185-DWM Document 1-3 Filed 11/02/18 Page 1 of 1
JS44 (Rev. 06/17)
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 hy local rules ofcourt. This form,approved by the Judicial Conference ofthe United States in September 1974, is required for the use ofthe Clerk of Court for the
purpose ofinitiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXTPAGH OF THIS FORM.)
I. (a) PLAINTIFFS
APl5frfffl?^?IPlELD COMPANY (ARCO), ATLANTIC RICHFIELD
WILLIAM E. CORCORAN DELAWARE CORPORATION,THE ANACONDA COMPANY,THE
ANACONDA DELAWARE CORPORATION, DOES 1-100
(b) County of Residence of First Listed Plaintiff Mlssouia County of Residence of First Listed Defendant
(EXCEPTm U.S. PUINTIFF CASES) (INU.S. PUINTIFF CASES ONLY)
NOTE; IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
William A. Rossbach, ROSSBACH LAW P.C.. 401 N. Washington, Randy J. Cox, BOONE KARLBERG P.C., 201 West Main, Suite 300,
P.O. Box 8988, Mlssouia, Ml 59807,(406) 543-5156 P.O. Box 9199, Mlssouia, MT 59807-9199,(406)543-6646
II. BASIS OF JURISDICTION(Ptacean ".Y"ill One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box far Plaintiff
(For Diversity Ca.scs Only) and One Box for Defendant)
□ 1 U.S. Government □ 3 Federal Question RTF DEF RTF DEF
Piaintifr (U.S. Government Not a Parly) Citizen of This State |2C 1 O t Incorporated or Principal Place O 4 □ 4
of Business In TItis State
O 2 U.S. Govemment a 4 Diversity Citizen of Another Stale □ 2 0 2 Incorporated an</Principal Place OS fit 5
Defendant (Indicate Citizenship of Parlies In Hem III) of Business In Another Stale
□ 110 InsiLrance PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure O 422 Appeal 28 use 158 0 375 False Claims Act
□ 120 Marine 0 310 Airplane □ 365 Personal injury • ofProperty21 USC881 0 423 Withdrawal 0 376QuiTam(3l USC
□ 130 Miller Act □ 315 Airplane Product Product Liability 0 690 Other 28 use 157 3729(a))
□ 140 Negotiable Instrument LiabiliQ' 0 367 Health Care/ □ 400 State Reapportionment
□ 150 Recovery ofOverpayment □ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS □ 410 Antitrust
& Enforcement of Judgment Slander Persona] Injury O 820 Copyrights □ 430 Banks and Banking
□ iSI Medicare Act □ 330 Federal Employers' Product Liability 0 830 Patent □ 450 Commerce
O 152 Recovery ofDcfaulted Liability □ 368 Asbestos Personal 0 835 Patent • Abbreviated O 460 Deportation
Student Loans □ 340 Marine Injury Product New Drug Application 0 470 Racketeer Influenced and
(Excludes Veterans) 0 345 Marine Product Liability O 840 Trademark Corrupt Organizations
0 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIALSErURITV □ 480 Consumer Credit
of Veteran's Benefits □ 350 Motor Vehicle O 370 Other Fraud O 710 Fair Labor Standards □ 861 HIA (13950) □ 490 Cable/Sat TV
D 160 Stockholders'Suits □ 355 Motor Vehicle O 371 Trulli in Lending Act □ 862 Black Lung (923) O 850 Securities/Commodities/
□ 190 Other Contract Product Liability O 380 Ollrer Personal □ 720 Labor/Management □ 863 DIWC/DIWW (405(g)) Exchange
O 195 Contract Product Liability K 360 Otljcr Personal Property Damage Relations □ 864 SSID Title XVI O 890 Oilier Statutory Actions
□ 196 Franchise Injury □ 385 Property Damage O 740 Railway Labor Act □ 865 RSI (405(g)) O 891 Agricultural Acts
□ 362 Personal Injury - Product Liability 0 751 Family and Medical 0 893 Environmental Matters
Medical Malpractice Leave Act 0 895 Freedom of Information
1 REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS □ 790 Other Labor Litigation FEDERAL TAX SUITS Act
□ 210 Land Condemnation O 440 Other Civil Rights Habeas Corpus: 0 791 Employee Retirement □ 870 Taxes (U.S. Plaintiff O 896 Arbitration
O 220 Foreclosure O 441 Voting □ 463 Alien Detainee Income Security Act or Defendant) O 899 Administrative Procedure
O 230 Rent Lease & Ejectment O 442 Employment O 5I0Motions to Vacate 0 871 IRS—Third Party Act/Review or Appeal of
0 240 Torts to Land □ 443 Housing/ Sentence 26 use 7609 Agency Decision
□ 245 Tort Product Liability Accommodations □ 530 General □ 950 Constitutionality of
□ 290 All Other Real Property O 445 Amer. wAJisabilities - O 535 Death Penalty IMMIGRATION State Statutes
Employment Other: □ 462 Naliiralizalion Application
□ 446 Amer. w/Disabilities - □ 540 Mandamus & Other □ 465 Otlier Immigration
Other 0 550 Civil Rights Actions
448 Education 0 555 Prison Condition
□ 560 Civil Detainee -
Conditions of
Confinement
Randy J. Cox
E
FOR OFFICE USE ONLY