Free Complaint - District Court of Delaware - Delaware

Case 1 :05-cv—00885-SLR Docu ment 1-2 Filed 12/22/2005 Page 1 of 2
ers/#4 M M/¤4> CIVIL COVER SHEET
The JS 44 civil cover sheet and the infomation contained herein neither retplace nor supplement the tiling and service of pleadings or other papers as required by law, except as provided
by local rules of court. This fomr, approved by the Judicial Conference 0 the United tates in September 1974, is required for the use oft e Clerk of ourt for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Roberts Enterprises, LP, d/b/a Mayday Golf Fun Sport, Inc., d/b/a Midway Speedway, d/b/a Fire Mountain Golf,
and d/b/a Fire Mountain Rescue Mini-Golf
(b) County of Residence of First Listed Plaintiff York, SC County of Residence of First Listed Defendant Kent
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(C) At‘t0mey’s (Firm Name, Address, and Telephone Number) AWOITICYS (if KHCWD)
Rex A. Donnelly, RatnerPrestia 302-778-2500
1007 Orange Street, Suite 1100, P.O. Box 1596, Wilmin ton, DE 19899
II. BASIS OF J URISDICTION (Place an *·x·· in One Box onry) III. CITIZENSHIP OF PRINCIPAL PAR']-`IES(Place an ··x·* in One Box rin mninnrr
(For Diversity Cases Only) and One Box for Defendant)
El I U.S. Govemment I2 3 Federal Question PTF DEF PTF DEF
r Plaintiff (U .S. Government Not a Party) Citizen of This State ij 1 D I Incorporated or Principal Place EI 4 E 4
of Business In This State
lj 2 U.S. Govemment CI 4 Diversity Citizen of Another State D 2 ij 2 Incorporated and Principal Place 1: 5 I] 5
D°f°“‘i"“' (rndieere Citizenship er Peniee in Item rrr) °f B“s‘““s i" ’°‘"°‘h°' Sm
Citizen or Subject of a CI 3 ij 3 Foreign Nation I:] 6 lj 6
Forei Coun
IV. NATURE OF SUIT Place an ··x·· in One Box on1
cowrmcr FoREr;rrm1E/PENALTY BANKRUPTCY orrrarz srArUrEs
D l I0 Insurance PERSONAL INJURY PERSONAL INJURY Cl 610 Agriculture D 422 Appeal 28 USC 158 I] 400 State Reapportionment
ij 120 Marine EI 310 Airplane EI 362 Personal Injury - lj 620 Other Food & Drug CI 423 Withdrawal C] 410 Antitrust
CI 130 Miller Act lj 315 Airplane Product Med. Malpractice CI 625 Drug Related Seizure 28 USC 157 D 430 Banks and Banking
lj I40 Negotiable Instrument Liability U 365 Personal Injury - of Property 21 USC 881 lj 450 Commerce
D 150 Recovery of Overpayment U 320 Assault, Libel & Product Liability E] 630 Liquor Laws PROPERTY RIGHTS CI 460 Deportation
& Enforcement of Judgment Slander D 368 Asbestos Personal CI 640 R.R. & Truck I] 820 Copyrights U 470 Racketeer Influenced and
ij 151 Medicare Act CI 330 Federal Employers’ Injury Product lj 650 Airline Regs. I] 830 Patent Corrupt Organizations
C] 152 Recovery of Defaulted Liability Liability CI 660 Occupational IF 840 Trademark D 480 Consumer Credit
Student Loans lj 340 Marine PERSONAL PROPERTY Safety/I-Iealth CI 490 Cable/Sat TV
(Excl. Veterans) CI 345 Marine Product CI 370 Other Fraud E] 690 Other CI 810 Selective Service
CI 153 Recovery of Overpayment Liability ij 371 Truth in Lending LABOR SOCIAL SECURITY D 850 Securities/Commodities/
of Veteran’s Benefits CI 350 Motor Vehicle I] 380 Other Personal CI 710 Fair Labor Standards ij 861 HIA (1395ff) Exchange
CI 160 Stockholders’ Suits CI 355 Motor Vehicle Property Damage Act lj 862 Black Lung (923) I] 875 Customer Challenge
ij 190 Other Contract Product Liability ij 385 Property Damage I] 720 Labor/Mgmt. Relations I] 863 DIWC/DIWW (405(g)) 12 USC 3410
ij 195 Contract Product Liability D 360 Other Personal Product Liability I] 730 Labor/Mgmt.Reporting lj 864 SSID Title XVI 1] 890 Other Statutory Actions
D 196 Franchise In'u & Disclosure Act D 865 RSI 405 ; D 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS C1 740 Railway Labor Act FEDERAL TAX SUITS I] 892 Economic Stabilization Act
CI 210 Land Condemnation CI 441 Voting I] 510 Motions to Vacate CI 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff D 893 Environmental Matters
D 220 Foreclosure I] 442 Employment Sentence lj 791 Empl. Ret. Inc. or Defendant) C] 894 Energy Allocation Act
CI 230 Rent Lease & Ejectment D 443 Housing] Habcas Corpus: Security Act D 871 1RS—Third Party D 895 Freedom of Information
ij 240 Torts to Land Accommodations U 530 General 26 USC 7609 Act
[I 245 Tort Product Liability ij 444 Welfare I] 535 Death Penalty I] 900Appeal of Fee Detemrination
G 290 All Other Real Property I] 445 Amer. w/Disabilities - lj 540 Mandamus & Other Under Equal Access
Employment D 550 Civil Rights to Justice
I] 446 Amer. w/Disabilities - CI 555 Prison Condition C] 950 Constitutionality of
`Other State Statutes
lj 440 Other Civil Rights
V- ORIGIN (Place an "X" in One Box Only) AI§>€¤i to District
L1 l _ _ D 2 lj 3 D 4 _ lj 5 Transferred from lj 6 _ _ _ D 7 Ju ge from
Or1grnal_ Removed from Remanded from Rernstated or another drstnct Multrdrstnct Magistrate
Proceedrn State Court A ellate Court Reo ened s eci Liti ation Jud ent
C`t e . . _iv` t tute under which ou are tilin 0 not cite `urisdictional statutes unless diversi :
l§1‘J.§€é.% tlfet et seq. I E “’ J "’
VI' CAUSE OF ACTION Brief description of cause: _ _ _ _ _ _ _
Irade Dress and Irademark Intrrngement, Untarr Competition
VII. REQUESTED IN ij CHECK rr rrrrs rs A cLAss ACTION DEMAND $ CHECK YES <>¤1yifd¢m¤¤d¢di¤ €°mPiaiiiti
COMPLAINT; UNDER F·R·C-P- 23 JURY DEMAND: QI Yes ij No

VIII. RELATED CASE(S) S _ tm t_ _
IF ANY ( °° ms ° ‘°“s)‘ JUDGE DOCKET NUMBER
DATE SI TURE OF ATTORNEY OF RECORD
12/22/2005 , -
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Case 1 :05-cv—00885-SLR Docu ment 1-2 Filed 12/22/2005 Page 2 of 2
JS 44 Reverse (Rev. 11/04)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The J S 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
ofthe 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 attomey filing a case should complete the fonn 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 govemment 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 ofthe county where the first listed plaintiff resides at the time
of filing. In U.S. plaintiff cases, enter the name ofthe county in which the first listed defendant resides at the time of filing. (N OTE: In land condemnation cases,
the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attomeys. Enter the finn name, address, telephone number, and attomey of record. If there are several attomeys, 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
ofthe 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 ofthe 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. 1f the nature of suit camiot be determined, be sure the cause of action, in Section V1 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 1441. 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 ofthe cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553 _ _
BrrefDescr1pt1on: Unaufliorrzed 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.