Case 0:19-cv-60270-BB Document 1 Entered on FLSD Docket 01/30/2019 Page 1 of 6

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION

STATIC MEDIA LLC,

Plaintiff, Case No. 0:19-cv-60270

v.

OJCOMMERCE, LLC,

Defendant.
__________________________________________/

COMPLAINT

Plaintiff Static Media LLC (“Static Media”) files this Complaint against Defendant

OJCommerce, LLC (“OJCommerce”), and alleges:

NATURE OF THE ACTION

1. This lawsuit arises from OJCommerce’s infringement under 35 U.S.C. § 271 of

United States Patent No. D771,400, entitled “STADIUM SEAT” issued on November 15, 2016

(the “‘D400 Patent”). The ‘D400 Patent discloses an ornamental design for a stadium seat shown

in the accompanying figures of that patent. OJCommerce distributes, sells, offers for sale, markets

and advertises stadium seats which infringe the ornamental design and features claimed in the

‘D400 Patent.

PARTIES, JURISDICTION AND VENUE

2. Static Media is a Georgia limited liability corporation with its principal place of

business located at 885 Woodstock Road, Suite 430-383, Roswell, Georgia, 30075.

3. OJCommerce is a Florida limited liability company with its principal place of

business located at 11651 Interchange Circle South, Miramar, Florida 33025. OJCommerce may

1
Case 0:19-cv-60270-BB Document 1 Entered on FLSD Docket 01/30/2019 Page 2 of 6

be served with process by serving its Registered Agent, Jacob Weiss, 11651 Interchange Circle

South, Miramar, FL 33025.

4. OJCommerce owns, operates and maintains a website at www.ojcommerce.com.

5. This Court has subject-matter jurisdiction in this action under 28 U.S.C. §§ 1331

and 1338(a) because this action is for patent infringement arising under the patent laws of the

United States, 35 U.S.C. §§ 1, et. seq.

6. This Court has personal jurisdiction over OJCommerce because OJCommerce is a

Florida limited liability company with and its principal place of business in this District and

pursuant to Florida Statutes § 48.193 because it (i) operates, conducts, engages in or carries on a

business or business venture in this state and/or has an office or agency in this state; (ii) committed

a tortious act within this state; and (iii) is engaged in substantial and not isolated activity within

this state.

7. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b).

PATENT IN SUIT

8. The ‘D400 Patent was duly and validly issued to the inventor and applicant

Anthony Joseph DoVale (“Mr. DoVale”) on November 15, 2016. A true and correct copy of the

‘D400 Patent is attached hereto as Exhibit 1.

9. Static Media owns all right, title and interest in the ‘D400 Patent pursuant to the

terms of an assignment from Mr. DoVale to Static Media dated September 10, 2017.

10. Static Media distributes, sells, offers for sale, markets and advertises certain

stadium seats covered by the ‘D400 Patent.

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Case 0:19-cv-60270-BB Document 1 Entered on FLSD Docket 01/30/2019 Page 3 of 6

OJCOMMERCE’S INFRINGEMENT OF THE ‘D400 PATENT

11. OJCommerce distributes, sells, offers for sale, markets and advertises certain

stadium seats which infringe the ornamental design and features claimed in the ‘D400 Patent,

including OJCommerce’s Naomi Home Bench Riders Stadium Folding Seat1 and its Grandstand

Comfort Seats by Flash with Ultra-Padded Seat2 (collectively, the “Accused Products”) in the

United States. OJCommerce sells the Accused Produces on its own website and on other third-

party seller websites, including, but not limited to, Amazon,3 Walmart,4 and eBay.5

12. To the eye of an ordinary observer, the ornamental designs and features of each of

the Accused Products are substantially the same as those claimed in the ‘D400 Patent as a whole.

13. OJCommerce has applied the patented design claimed in the ‘D400 Patent, or a

colorable imitation thereof, to the articles of manufacture constituting the Accused Products for

the purpose of sale, and OJCommerce has sold and exposed for sale each of the Accused Products.

14. OJCommerce has never been granted any authorization, assignment or license from

Static Media related to the ‘D400 Patent, and OJCommerce’s distribution, sale, offer for sale,

1
https://www.ojcommerce.com/naomi-home-bench-riders-stadium-folding-seat-58011B (last
visited Jan. 29, 2019);
2
https://www.ojcommerce.com/flash-furniture-grandstand-comfort-seats-by-flash-ultra-padded-
seat-in-navy-blue-xu-sta-navy-gg (last visited Jan 29, 2019);
https://www.ojcommerce.com/search?k=Grandstand%20Comfort%20Seats%20by%20Flash%20
with%20Ultra-Padded%20Seat (last visited Jan. 29, 2019).
3
https://www.amazon.com/Flash-Furniture-Grandstand-Comfort-Ultra-Padded/dp/B01DF0467O
(last visited Jan. 29, 2019).
4
https://www.walmart.com/ip/Naomi-Home-Bench-Riders-Stadium-Folding-Seat-Color-Red-
Size-Standard/340379341 (last visited Jan. 29, 2019).
5
https://www.ebay.com/itm/Naomi-Home-Bench-Riders-Stadium-Folding-Seat-Purple-Grande-
/132878222527 (last visited Jan. 29, 2019); https://www.ebay.com/p/Flash-Furniture-
Grandstand-Comfort-Seats-by-With-Ultra-padded-Seat-in-Black/1363818275 (last visited Jan.
29, 2019).
3
Case 0:19-cv-60270-BB Document 1 Entered on FLSD Docket 01/30/2019 Page 4 of 6

marketing and advertisement of the Accused Products has been conducted without Static Media’s

permission or authorization.

15. On October 9, 2018, Static Media first notified OJCommerce of its infringement of

the ‘D400 Patent. A true and correct copy of Static Media’s October 9, 2018 written

correspondence to OJCommerce is attached hereto as Exhibit 2.

16. Despite its prior knowledge of the ‘D400 Patent and the Accused Products,

including as set forth in the October 9, 2018 correspondence from Static Media, OJCommerce has

continued to infringe the ‘D400 Patent through its distribution, sale, offer for sale, marketing and

advertisement of the Accused Products.

17. As of the date of this Complaint, OJCommerce continues to infringe the ‘D400

Patent through its distribution, sale, offer for sale, marketing and advertisement of the Accused

Products.

COUNT I – INFRINGEMENT OF THE ‘D400 PATENT

18. Static Media incorporates by reference, as if fully restated herein, the allegations

contained in paragraphs 1 through 17 above.

19. OJCommerce has infringed and continues to infringe the ornamental design and

features claimed in the ‘D400 Patent by distributing, selling, offering for sale, marketing and

advertising the Accused Products in violation of 35 U.S.C. § 271.

20. OJCommerce has profited and continues to profit from its infringement of the

‘D400 Patent.

21. Static Media has suffered and continues to suffer monetary damages as a direct and

proximate result of OJCommerce’s infringement of the ‘D400 Patent.

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Case 0:19-cv-60270-BB Document 1 Entered on FLSD Docket 01/30/2019 Page 5 of 6

22. Static Media has suffered and continues to suffer irreparable harm from

OJCommerce’s infringement of the ‘D400 Patent for which it lacks an adequate remedy at law,

and Static Media is entitled to permanent injunctive relief enjoining OJCommerce’s infringing

conduct.

23. OJCommerce’s infringement of the ‘D400 Patent has been and continues to be

willful, deliberate and intentional.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief:

a. Judgment in Static Media’s favor on all of its claims against OJCommerce;

b. A judgment that the ‘D400 Patent remains valid and enforceable;

c. A judgment that OJCommerce has infringed the ornamental design and features

claimed in the ‘D400 Patent;

d. An order and judgment permanently enjoining OJCommerce and its officers,

directors, agents, servants, employees, licensees, parents, subsidiaries, affiliates, successors,

assigns and all others acting in concert with them from further infringement of the ‘D400 Patent;

e. An award to Static Media of actual and compensatory damages in an amount

sufficient to compensate Static Media for OJCommerce’s infringement of the ‘D400 Patent, but in

no event less than OJCommerce’s profit from such infringement and/or a reasonable royalty for

OJCommerce’s infringement of the ‘D400 Patent;

f. A judgment that OJCommerce’s willful and intentional infringement of the ‘D400

Patent renders this an exceptional case under 35 U.S.C. § 285;

g. An award to Static Media of treble damages for OJCommerce’s willful and

intentional infringement of the ‘D400 Patent;

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Case 0:19-cv-60270-BB Document 1 Entered on FLSD Docket 01/30/2019 Page 6 of 6

h. An award to Static Media of the reasonable attorneys’ fees and costs incurred by it

in this matter;

i. Pre-judgment and post-judgment interest; and

j. Such other relief to Plaintiff as the Court deems just and proper.

DEMAND FOR TRIAL BY JURY

Pursuant to Fed. R. Civ. P. 38(b), Static Media hereby demands a jury trial on all issues so

triable raised in this action.

Dated: January 30, 2019

By: s/Susan V. Warner

Susan V. Warner
Florida Bar No. 38205
susan.warner@fisherbroyles.com
FISHERBROYLES, LLP
1221 Brickell Avenue
Suite 900
Miami, FL 33131
Tel: (904) 293-0725

Attorneys for Plaintiff Static Media LLC

6
Case 0:19-cv-60270-BB Document 1-1 Entered on FLSD Docket 01/30/2019 Page 1 of 10
1111111111111111111111111111111gli11
71110!1111111111111111111
(12) United States Design Patent (10) Patent No.: US D771,400 S
DoVale (45) Date of Patent: ** Nov. 15, 2016

(54) STADIUM SEAT 5,067,771 A 11/1991 Ellis

D332,010 S 12/1992 Powers
(71) Applicant: Anthony Joseph DoVale, Roswell, GA 5,433,502 A 7/1995 Condorodis
D360,768 S 8/1995 Hwang et al.
(US) 5,516,193 A 5/1996 Simpson
D376,484 S 12/1996 Gregory
(72) Inventor: Anthony Joseph DoVale, Roswell, GA 5,580,130 A 12/1996 Williams et al.
(US) D396,964 S 8/1998 Mullins
D412,793 S 8/1999 Neubauer, Jr.
(**) Term: 14 Years 5,961,178 A 10/1999 Hodson
D418,317 S 1/2000 Rand
D421,190 S 2/2000 Sagastegui
(21) Appl. No.: 29/519,425
(Continued)
(22) Filed: Mar. 4, 2015
(51) LOC (10) Cl. 06-01 OTHER PUBLICATIONS
(52) U.S. Cl. OurChairs, www.stadiumchairs.com, Aug. 4, 2014.
USPC D6/368
(58) Field of Classification Search Primary Examiner — Ricky Pham
USPC D6/334-336, 360-381, 716, (74) Attorney, Agent, or Firm — FisherBroyles, LLP;
D6/716.1-716.4 Anthony J. DoVale
CPC A47C 1/032; A47C 1/12; A47C 1/16;
A47C 1/121; A47C 1/124; A47C 3/16; (57) CLAIM
A47C 7/021; A47C 7/56; A47C 7/62; A47C The ornamental design for the stadium seat, as shown and
7/407; B6ON 2/02; B6ON 2/686; B63B 29/04 described.
See application file for complete search history.
DESCRIPTION
(56) References Cited

U.S. PATENT DOCUMENTS FIG. 1 is a front left perspective view of one aspect of a
stadium seat;
D121,266 S * 7/1940 Archer 297/250.1 FIG. 2 is a front right perspective view of the stadium seat
2,792,875 A 5/1957 Pirrone of FIG. 1;
3,026,142 A * 3/1962 Holloway A47C 1/16
297/252
FIG. 3 is a front elevational view of the stadium seat of FIG.
3,066,980 A 12/1962 Clute 1;
3,560,047 A * 2/1971 Davis A47C 7/62 FIG. 4 is a left side elevational view of the stadium seat of
297/188.01 FIG. 1;
3,994,529 A 11/1976 Lippert FIG. 5 is a read elevational view of the stadium seat of FIG.
D252,658 S * 8/1979 Kressin D6/368
4,190,918 A 3/1980 Harvell 1;
4,541,666 A 9/1985 Vanderminden FIG. 6 is a top plan view of the stadium seat of FIG. 1;
D293,282 S 12/1987 Ashford FIG. 7 is a right side elevational view of the stadium seat of
4,715,652 A 12/1987 Ward FIG. 1; and,
4,781,413 A * 11/1988 Shumack, Jr. A47C 7/021
FIG. 8 is bottom elevational view of the stadium seat of FIG.
297/188.14
4,824,171 A 4/1989 Hollingsworth 1.
4,930,838 A 6/1990 Brabant
5,058,949 A 10/1991 Hoffman 1 Claim, 8 Drawing Sheets
Case 0:19-cv-60270-BB Document 1-1 Entered on FLSD Docket 01/30/2019 Page 2 of 10

US D771,400 S
Page 2

(56) References Cited D495,511 S * 9/2004 Dingess D6/368

6,789,494 B2 * 9/2004 Neese B63B 29/04
U.S. PATENT DOCUMENTS 114/343
7,316,452 B2 * 1/2008 Vestweber A47C 1/16
D421,191 S 2/2000 Rand 297/252
D425,716 S * 5/2000 Jensen D6/368 D634,951 S * 3/2011 Dreiling D6/362
6,203,108 B1 3/2001 Mattison, Jr. 8,322,784 B2 12/2012 Ayre et al.
6,352,306 B1 * 3/2002 Dreiling A47C 1/16 D713,192 S 9/2014 Wood
297/252 2008/0093902 Al * 4/2008 Jones A47C 1/16
D459,602 S 7/2002 Kreiss 297/252
D468,548 S * 1/2003 Head, Jr. D6/368
6,502,902 Bl 1/2003 Romero * cited by examiner
Case 0:19-cv-60270-BB Document 1-1 Entered on FLSD Docket 01/30/2019 Page 3 of 10

U.S. Patent Nov. 15, 2016 Sheet 1 of 8 US D771,400 S

ir"
Case 0:19-cv-60270-BB Document 1-1 Entered on FLSD Docket 01/30/2019 Page 4 of 10

U.S. Patent Nov. 15, 2016 Sheet 2 of 8 US D771,400 S

FIG. 2
Case 0:19-cv-60270-BB Document 1-1 Entered on FLSD Docket 01/30/2019 Page 5 of 10

U.S. Patent Nov. 15, 2016 Sheet 3 of 8 US D771,400 S

ce)
Case 0:19-cv-60270-BB Document 1-1 Entered on FLSD Docket 01/30/2019 Page 6 of 10

U.S. Patent Nov. 15, 2016 Sheet 4 of 8 US D771,400 S

FG 4
Case 0:19-cv-60270-BB Document 1-1 Entered on FLSD Docket 01/30/2019 Page 7 of 10

U.S. Patent Nov. 15, 2016 Sheet 5 of 8 US D771,400 S

tr)
Case 0:19-cv-60270-BB Document 1-1 Entered on FLSD Docket 01/30/2019 Page 8 of 10

U.S. Patent Nov. 15, 2016 Sheet 6 of 8 US D771,400 S

LID
Case 0:19-cv-60270-BB Document 1-1 Entered on FLSD Docket 01/30/2019 Page 9 of 10

U.S. Patent Nov. 15, 2016 Sheet 7 of 8 US D771,400 S

Case 0:19-cv-60270-BB Document 1-1 Entered on FLSD Docket 01/30/2019 Page 10 of 10

U.S. Patent Nov. 15, 2016 Sheet 8 of 8 US D771,400 S

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Mr. Jacob Weiss

OJCommerce.com, Inc.
11651 Interchange Circle South
Miramar, FL 33025

Re: Infringement of Patents Owned by Static Media, LLC

Dear Mr. Weiss:

We represent Static Media, LLC in intellectual property matters. We are writing you to inform
you of Static Mediai\ [RPQ]\ JWM LN[]JRW JL]R_R]RN\ Kb your company that impact those rights.

On November 15, 2016 the U.S. Patent and Trademark Office issued U.S. Patent No. D771,400,
entitled STADIUM SEAT $]QN fi400 YJ]NW]&g LXYb NWLUX\NM% ]X Static Media. We have become aware
of bX^[ LXVYJWbi\ sale on Amazon.com and on ojcommerce.com of a stadium seat $fNaomi Home
Bench Ridersg% ]QJ] OJUU\ `R]QRW ]QN LUJRV\ XO ]QN h400 patent. Manufacture, importation, or sale of any
VJ]N[RJU X[ Y[XM^L]\ LX_N[NM Kb ]QN i400 patent claims constitutes infringement of the patent under 35
U.S.C. §§ 271 et seq.

Please understand that our client takes the protection of its intellectual property rights very
seriously. Therefore, we demand that you cease immediately from any further willful and unauthorized
manufacture, sale, or distribution of the infringing product in the United States. Static Media considers
the infringing activities of your company to be a very serious matter and will undertake whatever action
is required to enforce its rights in this matter.

Please respond to this letter within 10 days of its receipt and furnish us with the following
information:

1. The total sales of the infringing product in USD to date.

-* Quantity of infringing products sold and in stock.#

#
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December 30, 2018| Page | 2#

This letter is not an exhaustive statement of all the relevant facts and law. Static Media expressly
reserves all of its legal and equitable rights and remedies, including the right to seek injunctive relief and
recover monetary damages.

Very truly yours,

FISHERBROYLES, LLP

T.J. DoVale, Esq.

Partner

Attachment: Copy of U.S. Patent No. D771,400

Printout from ojcommerce.com

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 Case 0:19-cv-60270-BB DocumentCIVIL
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017 1-3 Entered
COVERon FLSD Docket 01/30/2019 Page 1 of 2
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.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
I. (a) PLAINTIFFS STATIC MEDIA LLC DEFENDANTS OJCOMMERCE LLC

(b) County of Residence of First Listed Plaintiff Fulton County, Georgia County of Residence of First Listed Defendant Broward
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Susan V. Warner, FisherBroyles LLP, 1221 Brickell Avenue, Suite 900,
Miami, FL 33131, (904) 293 0725
(d) Check County Where Action Arose: MIAMI- DADE MONROE BROWARD PALM BEACH MARTIN ST. LUCIE INDIAN RIVER OKEECHOBEE HIGHLANDS

II. BASIS OF JURISDICTION
1 U.S. Government
Plaintiff
(Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff)
(For Diversity Cases Only) and One Box for Defendant)
3 Federal Question PTF DEF PTF DEF
(U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS
110 Insurance PERSONAL INJURY
120 Marine 310 Airplane
130 Miller Act 315 Airplane Product
140 Negotiable Instrument Liability
150 Recovery of Overpayment 320 Assault, Libel &
& Enforcement of Judgment Slander
151 Medicare Act 330 Federal Employers’
152 Recovery of Defaulted Liability
Student Loans 340 Marine
(Excl. Veterans) 345 Marine Product
153 Recovery of Overpayment Liability
of Veteran’s Benefits 350 Motor Vehicle
160 Stockholders’ Suits 355 Motor Vehicle
190 Other Contract Product Liability
195 Contract Product Liability 360 Other Personal
196 Franchise Injury
362 Personal Injury -
Med. Malpractice
REAL PROPERTY CIVIL RIGHTS
210 Land Condemnation 440 Other Civil Rights
220 Foreclosure 441 Voting
230 Rent Lease & Ejectment 442 Employment
240 Torts to Land 443 Housing/
Accommodations
245 Tort Product Liability 445 Amer. w/Disabilities -
290 All Other Real Property Employment
446 Amer. w/Disabilities -
Other
448 Education
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed 3 Re-filed 4 Reinstated
Proceeding from State (See VI or
Court below) Reopened
Foreign Country
Click here for: Nature of Suit Code Descriptions
FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
Product Liability 690 Other 28 USC 157 3729 (a))
367 Health Care/ 400 State Reapportionment
Pharmaceutical PROPERTY RIGHTS 410 Antitrust
Personal Injury 820 Copyrights 430 Banks and Banking
Product Liability 830 Patent 450 Commerce
368 Asbestos Personal 835 Patent – Abbreviated 460 Deportation
New Drug Application
Injury Product 840 Trademark 470 Racketeer Influenced and
Liability LABOR SOCIAL SECURITY Corrupt Organizations
PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
380 Other Personal 740 Railway Labor Act 864 SSID Title XVI Exchange
Property Damage 751 Family and Medical 865 RSI (405(g)) 890 Other Statutory Actions
385 Property Damage Leave Act 891 Agricultural Acts
Product Liability 790 Other Labor Litigation 893 Environmental Matters
791 Empl. Ret. Inc. 895 Freedom of Information
PRISONER PETITIONS Security Act FEDERAL TAX SUITS Act
Habeas Corpus: 870 Taxes (U.S. Plaintiff 896 Arbitration
463 Alien Detainee or Defendant) 899 Administrative Procedure
510 Motions to Vacate 871 IRS—Third Party 26 Act/Review or Appeal of
Sentence USC 7609
Other: Agency Decision
530 General IMMIGRATION 950 Constitutionality of State
Statutes
535 Death Penalty 462 Naturalization Application
540 Mandamus & Other 465 Other Immigration
550 Civil Rights Actions
555 Prison Condition
560 Civil Detainee –
Conditions of
Confinement
5 Transferred from 6 Multidistrict 7 Appeal to 8 Multidistrict
another district Litigation
District Judge Litigation 9 Remanded from
Appellate Court
(specify) Transfer
from Magistrate – Direct
Judgment File

VI. RELATED/ (See instructions): a) Re-filed Case YES NO b) Related Cases YES NO
RE-FILED CASE(S) JUDGE: DOCKET NUMBER:
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
VII. CAUSE OF ACTION 35 U.S.C. § 271, infringement of United States Patent No. D771,400
LENGTH OF TRIAL via 7 days estimated (for both sides to try entire case)
VIII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION
DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23
JURY DEMAND: Yes No
ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE
DATE SIGNATURE OF ATTORNEY OF RECORD
January 29, 2019

FOR OFFICE USE ONLY

RECEIPT # AMOUNT IFP JUDGE MAG JUDGE

Save As... Print Reset

 Case 0:19-cv-60270-BB Document 1-3 Entered on FLSD Docket 01/30/2019 Page 2 of 2
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017

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, 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)”.
II. 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.)
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. 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.
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 1441. When the
petition for removal is granted, check this box.
Refiled (3) Attach copy of Order for Dismissal of Previous case. Also complete VI.
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.
Remanded from Appellate Court. (8) Check this box if remanded from Appellate Court.
VI. Related/Refiled Cases. This section of the JS 44 is used to reference related pending cases or re-filed cases. Insert the docket numbers and the
corresponding judges name for such cases.

VII. 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
VIII. 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.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Case 0:19-cv-60270-BB Document 1-4 Entered on FLSD Docket 01/30/2019 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
SouthernDistrict
__________ Districtof
of__________
Florida

STATIC MEDIA, LLC )

)
)
)
Plaintiff(s) )
)
v. Civil Action No. 0:19-cv-60270
)
)
OJCOMMERCE, LLC )
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) OJCOMMERCE, LLC

c/o Registered Agent, Jacob Weiss
11651 Interchange Circle South
Miramar, FL 33025

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Susan V. Warner, Esq.
FISHERBROYLES, LLP
1221 Brickell Avenue
Suite 900
Miami, FL 33131
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 0:19-cv-60270-BB Document 1-4 Entered on FLSD Docket 01/30/2019 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 0:19-cv-60270

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

" I personally served the summons on the individual at (place)

on (date) ; or

" I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

" I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

" I returned the summons unexecuted because ; or

" Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc: