EXHIBIT A
CIVIL COVER SHEET
ms 44 (R,.,,,_ 3,99) Case 1 :04-cv-00956-Gl\/|§jIVi)Bcgn)qmE¥@@~HEElir|ed 07/14/2006 Page 2 of 4
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 reqpired by
aw, except as provlded by local rules ofcoult. This form, approved by the Judicial Conference ofthe United States ln September 1974, 1S required fort e use o‘
he Clerk of Court for the purpose of rnltlatlng the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
1. (a) PLAINTIFFS DEFENDANTS
Sgt. Christopher D. Foraker Co1._L. Aaron Chaflinchr Lt. Col. Thomas MacLeish;
David B. Mitchell; D1v1s1on_of State Police, Department of
Safety and Homeland Security, State of Delaware
(b) County of Residence of First Listed New Castle County County of Residence of First Listed
(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) Attomey’s (Fimt Name, Address, and Telephone Number) AIIDFDEYS (If KDDWD)
Thomas S. Neuberger, Esq. and Stephen J. Neuberger, Esq.
The Neuberger Firm, P.A., 2 East 7"‘ Street, Suite 302
Wilmington, DE 19801
302 655-0582
ll. BASIS OF JURISDTCTTON (Place an "X" in One Box Only) IH. CITIZENSHIP OF PRINCIPAL PARTTES(Place an "X" in One Box for Plaintif
(For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF
Z1 1 U.S. Govemment X 3 Federal Question Citizen of This State El 1 E1 1 Incorporated or Principal Place E1 4 El 4
Plaintiff (U.S. Govemment Not a Party) of Business In This State
I1 2 U.S. Government E1 4 Diversity Citizen of Another State 1] 2 El 2 Incorporated and Principal Place 1] 5 E1 5
Defendant (Indicate Citizenship of Parties of Business In Another State
in Item III)
Citizen or Subject of a EI 3 EI 3 Foreign Nation El 6 El 6
Forei n Count
IV. NATURE OF SUIT Place an “X" in One Box Onl
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
II 1 10 Insurance PERSONAL INJURY PERSONAL INJURY 1] 610 Agriculture El 422 Appeal 28 USC 158 El 400 State Reapportionment
Z1 120 Marine El 310 Airplane El 362 Personal Injury- I] 620 Other Food & Drug E1 410 Antitrust
Il 130 Miller Act 1] 315 Airplane Product Med. Malpractice EI 625 Drug Related Seizure E1 423 Withdrawal E1 430 Banks and Banking
3 140 Negotiable Instrument Liability E1 365 Personal Injury ··- of Property 21 USC 881 28 USC 157 El 450 Commerce/ICC Rates/etc.
Z1 150 Recovery of Overpayment EI 320 Assault, Libcl & Product Liability 1] 630 Liquor Laws El 460 Deportation
& Enforcement ofJudgment slantler 1:1 Jes Asbestos Personal 1:1 040 12.1t. & rrnelt PROPERTY RICIITS 11 470 ltarltetcet lnnnenrra and
II 151 Medicare Act El 330 Federal Emp1oyers’ Injury Product El 650 Airline Regs. U 820 C0 ri his Corrupt Organizations
1 152 Recovery ofDefaulted Liability Liability 1] 660 Occupational D 830 pag; g E1 810 Selective Service
Student Loans III 340 Marine PERSONAL PROPERTY Safety/Health D 840 Trademark E1 850 Securities/Commoditiey
(Excl. Veterans) El 345 Marine Product E] 370 Other Fraud El 690 Other Exchange
Z1 153 Recovery of Overpayment Liability El 371 Truth in Lending E1 875 Customer Challenge
or Veteran’s Bennett 1:1 250 Motor Vehicle E1 asc Other Personal I-AIICR SOCIAL SECURITY 12 usc 3410
3 160 Stockho1dcrs’ Suits 1] 355 Motor Vehicle Property Damage . El 891 Agricultural Acts
1 190 Other Contract Product Llrlnllty 1:1 ass Property Damage D Im L“l"" S‘““d’"‘IS E gig; ffgm) 1:1 892 rarnnnmle Stabilization Act
Z1 195 Contract Product Liability El 360 Other Personal Injury Product Liability D 720 L . g E1 893 Environmental Matters
abor/Mgmt. Relations El 863 DIWC/DIWW (405(g)) D 894 Energy Allocation Act
REAL rnornnrv crvrrs nrcnrs rnrsonrzn PETITIONS U S6" SSID IIlI° XVI D 895 Freedom of
El 730 Labor/Mgmt.Reportlng E1 865 RSI (405(g)) information Act
3 210 Land Condemnation IS 441 Voting D 510 Motions to Vacate & Disclosure Act lj 900AppBal of Fee
Il 220 Foreclosure X 442 Employment Sentence CI 740 Railway Labor Act FEDERAL TAX SUITS Dclcrmuimon Undu _
II 230 Rent Lease & Ejectment El 443 Housing/ Habeas Corpus: D 870 Taxes (U S Plaintiff Equa Access to Jusmc
Z1 240 Torts to Land Accommodations El 530 General El 790 Other Labor Litigation or Dcfcmflaiu) D 950 Comm tionam of
Z1 245 Tort Product Liability El 444 Welfare 1] 535 Death Penalty smc Salmmcs y
Z1 290 All Other Real Properly E1 440 Other Civil Rights E S9:. Other Cl 791 D SN ]RS__Third Party D 890 Other Statutory Actions
E1 555 Prison Condition ZG USC 7609
V' ORIGIN (PLACE AN "X" IN ONE BOX ONLY) Ap cal to District
S I Original Cl 2 Removed from Cl 3 Remanded from El 4 Efmsmtcd C1 5 ;1I`;g?§;$I5?§r{;‘;m CI 6 Multidistrict C1 7 Qgfgggglgl
Proceeding State Court Appellate Court RSO cmd is mf 1 Lltlgatron Jud mem
(Cite the U.S. Civil Statute under which you are tiling and write brief statement of cause.
VI' CAUSE OF ACTION Do not cite jurisdictional statutes unless diversity.)
This Is a clvil action undcr 42 U.S.C. Section 1983 for compensatory and punitive damages and injunctive rclicf for retaliatory violations 01`thc frce spccch and
petition clauses of the First Amendment.
VII. REQUESTED IN E1 CHECK IF rr-us rs A cLAss ACTION DEMAND S CHECK YES ¤¤1yifd¢m¤¤d¢
VIII. RELATED CASE S
( ) (See instructions): DOCKET
IF ANY Juooe SEE ATTACHMENT
NUMBER
)ATE SIGNATURE OF ATTORNEY OF RECORD
POR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
_, , Case 1 :04—cv—00956-GI\/IS Document 226-2 Filed 07/14/2006 Page 3 of 4
VIII. Related Case(s) If Any: I
Judge: Farnan Docket Number: C.A. No. 02-302-JJF
On November 20, 2003, this Court ordered that Sgt. Foraker be "reinstated to his prior V
position as the Non-Commissioned Officer-in-Charge of the Firearms Training Unit of the
Delaware State Police with all ofthe rights, privileges, duties, responsibilities and supervisory
authority previously held by him when he earlier occupied that position on February 20, 2002."
(November 20, 2003 Stipulated Order ll 1 - attached to Complaint as Exhibit A). The Court
specifically "retain[ed] jurisdiction over this matter to enforce its order of reinstatement should
that become necessary." (Q at il 3).
As detailed in the Complaint at {lil 57-60, the Court’s Order has been violated and
defendants have changed and reduced p1aintiff’s "duties, responsibilities and supervisory
authority" as Non-Commissioned Officer-in-Charge ofthe Firearms Training Unit. Plaintiff
now invokes the jurisdiction that the Court retained to enforce the Order which defendants have
violated.
Additionally, the First Amendment protected speech and petition at issue in this case is
plaintif`f"s prior lawsuit. Defendant retaliated against plaintiff and took the adverse action
against him at issue in this suit because plaintiff had filed and won that prior lawsuit against him.
Because the Court has already overseen the initial lawsuit from filing to trial to
reinstatement and settlement- judicial economy, efficiency and consistency would be served by
assignment of the case to Judge Faman.
_ ,_ Case 1 :04—cv—00956-Gi\/IS Document 226-2 Filed 07/14/2006 Page 4 of 4
JS 44 Reverse (Rev. 3/99)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM J S-44
Authority For Civil Cover Sheet
The J S-44 civil cover sheet and the infomation 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 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 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. (NOTE: In land condemnation
cases, the county of residence ofthe “defendant" is the location of the tract of land involved.)
(c) Attomeys. 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 ofthe boxes. lf 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 ofthe 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. Place an "X" in the appropriate box. lf the nature of suit cannot be determined, be sure the cause of action, in Section IV 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 th 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 tiling 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.
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 J S-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.
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