Complaint Hadassah v Yudith Esther Alvarez

8/4/2019 Complaint Hadassah v Yudith Esther Alvarez

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTS

HADASSAH, THE WOMENS ZIONIST

ORGANIZATION OF AMERICA, INC.,

Plaintiff,

-against-

YUDITH ESTHER ALVAREZ, ESTHERHADASSAH COSMETICSINTERNATIONAL LLC,

Defendants.

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))))))))))

Case No.: ____________

COMPLAINT

For its complaint plaintiff alleges and avers as follows:

PARTIES

1. Plaintiff Hadassah, The Womens Zionist Organization of America, Inc.

(Hadassah) is, and at all relevant times has been, a non-profit organization organized and

existing under the laws of the State of New York. Hadassah has an office at 50 West 58th Street,

New York, New York 10019.

2. Upon information and belief, defendant Yudith Esther Alvarez (Alvarez) is an

individual with an address at 159 Essex Street, Lawrence, Massachusetts 01840. Upon

information and belief, Alvarez is the owner and manager of Defendant Esther Hadassah. She is

also the administrative contact for the website http://www.estherhadassah.com.

3. Defendant Esther Hadassah Cosmetics International LLC is a Massachusetts

corporation with an address at 159 Essex Street, Lawrence, Massachusetts 01840 and an Internet

presence at http://www.estherhadassah.com (Defendant Esther Hadassah). Attached hereto as

Case 1:11-cv-11660-MBB Document 1 Filed 09/20/11 Page 1 of 13
http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/


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Exhibit A is a copy of the Secretary of the Commonwealth of Massachusettss record for Esther

Hadassah.

NATURE OF THIS ACTION

4. This is an action for (i) trademark infringement under Section 32 of the

Trademark Act of 1946 (Lanham Act), as amended, 15 U.S.C. 1114(1)(a); (ii) false

designation of origin and false representation in violation of Section 43(a) of the Lanham Act, 15

U.S.C. 1125(a); (iii) trademark dilution under Section 43(c) of the Lanham Act, as amended,

15 U.S.C. 1125(c); and (iv) trademark infringement, unfair competition, dilution and unjust

enrichment under the common and statutory law of Massachusetts.

JURISDICTION AND VENUE

5. This Court has jurisdiction over the subject matter of this action under 15 U.S.C.

1121, 28 U.S.C. 1331, 1338(a) and 1338(b) and 1367.

6. In addition, this Court has jurisdiction over the subject matter of this action under

28 U.S.C. 1332, because Plaintiff is a citizen of the State of New York and Defendants are

citizens of the State of Massachusetts and the amount in controversy exceeds $ 75,000, exclusive

of interest and costs.

7. Venue is proper under 28 U.S.C. 1391 because Defendants reside in this judicial

district.

FACTS

Hadassah, The Womens Zionist Organization of America, Inc.s Marks

8. Since 1912, Hadassah has operated as a volunteer womens organization

providing educational, health and spiritual services in the United States and throughout the



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world. Hadassah is dedicated to fostering the ethics and ideals of Judaism while offering

programs, services, products and activities for the furtherance of womens, youths and familial

health, education and well-being.

9. Hadassah operates as a tax exempt, public charitable organization under Section

501(c)(3) of the United States Tax Code, I.R.C. 501(c)(3).

10. Hadassah owns the following trademarks, which are registered with the United

States Patent and Trademark Office (PTO) (together, the HADASSAH Marks):

Mark Reg. No./ Date Goods / Services

HADASSAH 2,376,815

08/15/2000

Pre-recorded video tapes and pre-recorded audio cassettetapes, in the field of education, Zionism, Judaism, health andwomen's issues; and magnets (Class 9); First use since 1991

Printed materials, namely, a series of nonfiction books andbrochures, in the field of education, Zionism, Judaism, healthand women's issues; greeting cards, printed certificates,calendars, address books, stickers, printed display cards,paper place mats and writing instruments (Class 16); First usesince 1917

Clothing, namely, T-shirts and ties, (Class 25); First use since1995

Education in the field of reading and writing, Judaism andZionism (Class 41); First use since 1912

Educational services, namely, conducting classes, in the fieldof family and home; women and the workplace; social action;and self and spirituality (Class 42). First use since 1912

2,376,81308/15/2000

Pre-recorded video tapes and pre-recorded audio cassettetapes, in the field of education, Zionism, Judaism, health andwomen's issues; and magnets (Class 9); First use since 1991


Clothing, namely, T-shirts and ties, (Class 25); First usesince 1995



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Educational services, namely, conducting classes, in the fieldof family and home; women and the workplace; social action;

and self and spirituality (Class 42). First use since 1912

2,376,81408/15/2000



Educational services, namely, conducting classes, in the fieldof family and home; women and the workplace; social action;and self and spirituality (Class 42). First use since 1990

HADASSAH 2,629,78210/08/2002

Printed publications, namely, bulletins, newsletters,pamphlets, and magazines featuring topics in the field ofeducation, Zionism, Judaism, health and women's issues,family matters and medical issues, travel and touristinformation (Class 16); First use since 1914

Computerized on-line ordering services and ordering servicesfeaturing greeting cards, printed certificates, calendars,

address books, stickers, printed display cards, clothing,novelty items, pre-recorded video tapes, and pre-recordedaudio cassettes (Class 35); First use since August 1995

Computerized on-line travel services, namely, the arrangingof itineraries, hotel bookings, and travel tips; travel services,namely, making reservations and bookings for transportation;travel information services; arranging travel tours, tour guideservices; arranging excursions for tourists; conductingsightseeing tours for others; arranging for travel services forpersons traveling abroad (Class 39); First use since March1952

Computerized on-line information pertaining to education inthe fields of reading, and writing, Judaism and Zionism(Class 41); First use since August 1995

Computer services, namely, providing on-line publications inthe nature of magazines, a series of nonfiction books andbrochures, in the fields of education, Zionism, Judaism,health and women's issues; providing a on-line computer



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website of information pertaining to charitable services;charitable services, namely, providing food, clothing and/ormedicine, and health care services, promoting publicawareness of the need for healthcare, education and the well-being of women and the family; and medical services;computer services, namely providing search engines for

obtaining data on a global computer network, associationservices, namely, promoting the interests of Judaism andZionism (Class 42). First use since August 1995

2,380,59108/29/2000

Printed materials, namely, a series of nonfiction books andbrochures, in the field of education, Zionism, Judaism, healthand women's issues; greeting cards, printed certificates,calendars, address books, stickers, printed display cards,paper place mats and writing instruments (Class 16); Firstuse since 1990


Educational services, namely, conducting classes, in the fieldof family and home; women and the workplace; social action;and self and spirituality (Class 42); First use since 1990

2,737,96207/15/2003

Educational services, providing seminars, workshops, andconferences in the field of women, stereotypes and theentertainment industry; computer on-line services offeredover the worldwide global communications network featuringinformation about women, stereotypes and the entertainmentindustry (Class 41); First use since December 2001

HADASSAH 3,559,76601/13/2009

Jewelry (Class 14); First use since 1941

ESTHER 2,991,48409/16/2005

Pearls, diamonds and for jewelry set with pearls, diamonds,or precious or semi-precious gemstones (Class 14); First usesince June 25, 2004

11. Copies of the certificates of registration for the HADASSAH Marks are attached

hereto as Exhibits B-I.

12. Each of the above registrations is valid, subsisting, and in full force and effect.

13. Each of the registrations identified in Exhibit B-G is incontestable in accordance

with the provisions of 15 U.S.C. 1065.



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14. ESTHER and HADASSAH refer to the same biblical character and, thus, have

interchangeable meanings.

15. Each of the registrations identified in Exhibits B, C, D, G, and H state: The

English translation of HADASSAH is ESTHER.

16. The HADASSAH Marks are distinctive and famous. They are widely recognized

throughout the United States for a wide range of services and goods. The HADASSAH Marks

are strongly associated with women.

17. Hadassah has been conducting business using the HADASSAH Marks throughout

the United States including in this judicial district and elsewhere for over ninety years.

18. Hadassah has spent significant resources advertising its goods and services

throughout the United States, including in this judicial district and elsewhere.

19. The public, thus, strongly associates and identifies the HADASSAH Marks with

Hadassah.

20. There is a substantial demand for goods and services associated with the

HADASSAH Marks and, therefore, the goodwill and right to provide goods and services under

the HADASSAH Marks are valuable commercial property rights.

Defendants Infringing Activities

21. On information and belief, long after Hadassahs adoption and use of the

HADASSAH Marks, and long after the HADASSAH Marks became famous and distinctive and

without Hadassahs consent, Defendants adopted and began use of ESTHER HADASSAH as a

company name and as a brand name to identify: (a) an online retail store selling cosmetics and

(b) the actual cosmetic products.



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22. On May 11, 2010, Defendants applied to the PTO for a trademark registration for

the name ESTHER HADASSAH to identify cosmetic products. Attached hereto as Exhibit J is

Defendants PTO application.

23. In February 2011, Defendants filed a specimen of use showing use of ESTHER

HADASSAH on cosmetic products. Attached hereto as Exhibit K is the specimen of use filed by

Defendants with the PTO.

24. Defendants also use ESTHER HADASSAH as part of the domain name

http://www.estherhadassah.com, through which products are intended to be sold to the public.

Attached as Exhibit L are copies of current and past ESTHER HADASSAH website pages

displaying prominently the mark ESTHER HADASSAH on the website and on products.

25. Although Hadassah asked Defendants to stop using ESTHER HADASSAH and

informed Defendants of Hadassahs prior exclusive rights in the marks HADASSAH and

ESTHER, Defendants refused to stop.

26. Upon information and belief, Defendants selection and continued use of the

HADASSAH Marks is willful and with full knowledge of Hadassahs prior rights and of

Hadassahs objection to Defendants use thereof.

27. Defendants use of ESTHER HADASSAH in connection with cosmetics products

and related retail store services targeted at women is likely to cause confusion, mistake and/or

deceit of the public as to an affiliation, association or sponsorship of Defendants products by

Hadassah.

28. Defendants offering of goods and services in connection with ESTHER

HADASSAH tends falsely to represent that the goods and services originate from Hadassah or

http://www.estherhadassah.com/http://www.estherhadassah.com/


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that said goods and services have been sponsored, approved or licensed by Hadassah or are in

some way affiliated or connected with Hadassah.

29. Defendants use of ESTHER HADASSAH, or variations thereof, is impairing the

distinctiveness of Hadassahs valuable rights in and to the HADASSAH Marks.

30. Defendants use of ESTHER HADASSAH, or variations thereof, is likely to

continue to dilute the HADASSAH Marks.

31. By appropriating the goodwill of Hadassahs widely known and respected

HADASSAH Marks, Defendants unjustly enrich themselves.

32. Hadassah has no adequate remedy at law.

33. Defendants conduct, if not enjoined, will cause irreparable damage to Hadassahs

rights in the HADASSAH Marks, and to its reputation and goodwill-associated strength.

COUNT I

Federal Trademark Infringement

[15 U.S.C. 1114(1)(a)]

34. Hadassah repeats and realleges all of the allegations contained in the preceding

paragraphs of the Complaint as though the same were fully written herein.

35. The acts of Defendants complained of herein constitute infringement of

Hadassahs federally registered trademarks and services marks under Section 32 of the Lanham

Act, 15 U.S.C. 1114 (1)(a).



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COUNT II

False Designation of Origin and False Representation

[15 U.S.C. 1125(a)]



37. The acts of Defendants complained of herein constitute false designation of origin

and false representation in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).

COUNT III

Federal Trademark Dilution

[15 U.S.C. 1125(c)(1)]



39. The acts of Defendants complained of herein are likely to dilute the HADASSAH

Marks in violation of Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c)(1).

COUNT IV

Massachusetts Injury to Business

[M.G.L. 110H 13]



41. The acts of Defendants complained of herein are likely to injure the business

reputation of Hadassah in violation of M.G.L. 110H 13.



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COUNT V

Massachusetts Trademark Dilution

[M.G.L. 110H 13]



43. The acts of Defendants complained of herein are likely to dilute the distinctive

quality of the HADASSAH Marks in violation of M.G.L. 110H 13.

COUNT VI

Common Law Unfair Competition



45. The acts of Defendants complained of herein constitute unfair competition in

violation of the common law of the State of Massachusetts.

COUNT VII

Common Law Unjust Enrichment



47. The acts of Defendants complained of herein constitute unjust enrichment of

Defendants at Hadassahs expense in violation of the common law of the State of Massachusetts.

PRAYER FOR RELIEF

WHEREFORE, Hadassah demands:

1. That Defendants, their agents, servants, employees, attorneys, representatives,

successors and assigns and all persons, firms, or corporations in active concert or participation

with Defendants be preliminarily and permanently enjoined and restrained from:



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(a) using in any manner, on, with or in connection with any of Defendants

services and goods, the words HADASSAH and/or ESTHER alone or in

connection with other words or designs including ESTHER HADASSAH, or any

word or phrase confusingly similar thereto, including, but not limited to, on or in

connection with the website, http://www.estherhadassah.com;

(b) using in any manner on, with, or in connection with any of Defendants

services and goods, including, but not limited on or in connection with the

website, http://www.estherhadassah.com, any of the HADASSAH Marks, as

defined herein, or any mark confusingly similar thereto, that is likely to cause

confusion, deception, or mistake or that dilutes or is likely to dilute the distinctive

quality thereof;

(c) passing off, inducing, or enabling others to sell or pass off Defendants

services and goods as and for Hadassahs goods and services, including but not

limited to, on or in connection with the website, http://www.estherhadassah.com;

(d) engaging in any other conduct, including but not limited to, on or in

connection with the website, http://www.estherhadassah.com, which tends falsely

to represent, or is likely to confuse, mislead, or deceive purchasers, Defendants

customers, and other members of the public to believe that Defendants goods and

services are connected with Hadassah or are sponsored, approved or licensed by

Hadassah, or are in some way connected or affiliated with Hadassah;

(e) further diluting or infringing the HADASSAH Marks and damaging

Hadassahs goodwill, including but not limited to, on or in connection with the

website, http://www.estherhadassah.com;

http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/


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(f) using any reproduction, counterfeit, copy, or colorable imitation of any of

the HADASSAH Marks in connection with Defendants publicity, promotion,

offer to sell, distribution, or advertising of products, including but not limited to,

on or in connection with the website, http://www.estherhadassah.com;

(g) otherwise, competing unfairly with Hadassah in any manner, including but

not limited to its operation of the website, http://www.estherhadassah.com; and

(h) assisting, aiding or abetting any other person or business entity in

engaging in or performing any of the activities referred to in subparagraph (a)

through (g).

2. That Defendants be required to assign to Hadassah all rights, title and interest in

any website or URL owned or operated by Defendants, which includes the words ESTHER and

HADASSAH or any variations thereof, including but not limited to the website,

http://www.estherhadassah.com.

3. That Defendants be required to deliver to the Court for destruction, or to show

proof of destruction of, any and all original, copies and reproductions in their possession or

under their control of any goods and promotional and advertising material, and any other

unauthorized items which reproduce, copy, counterfeit, imitate, bear or use the Hadassah name

or the HADASSAH Marks.

4. That Defendants be ordered to file with this Court and to serve upon Hadassah,

within 30 days after entry and service on Defendants of each injunction, a report in writing and

under oath setting forth in detail the manner and form in which Defendants have complied with

the injunction.

http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/http://www.estherhadassah.com/


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5. That Hadassah recover all damages sustained as a result of Defendants activities

and that said damages be trebled.

6. That Defendants be required to account for and to pay to Hadassah all of

Defendants profits and all of Hadassahs damages resulting from Defendants infringing,

diluting and other unfair activities.

7. That Hadassah recover from Defendants its costs of this action, reasonable

counsel fees, and prejudgment interest.

8. That Hadassah recover from Defendants punitive damages; and all other and

further relief as the Court may deem just and proper under the circumstances.

Dated: September 20, 2011

Respectfully submitted,

By: /s/ Jennifer B. FureyJennifer B. Furey, BBO #: 634174Cooley Manion Jones LLP21 Custom House Street

Boston, MA 02110Tel: (617) 670-8517Fax: (617) 737-0374

Mark N. MutterperlFULBRIGHT & JAWORSKI L.L.P.666 Fifth AvenueNew York, NY 10103Tel: (212) 318-3000Fax: (212) 318-3400(PRO HAC VICE TO BE SUBMITTED)

Attorneys for Plaintiff Hadassah, the Women's

Zionist Organization of America, Inc.



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2JS 44 (Rev. 12/07) CIVIL COVER SHEETThe 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 pry 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 inhe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(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) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for P(For Diversity Cases Only) and One Box for Defendant

u 1 U.S. Government u 3 Federal Question PTF DEF PTF D

Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated orPrincipal Place u 4

of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated andPrincipal Place u 5

Defendant(Indicate Citizenship of Parties in Item III)

of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6

Foreign Country

V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTE

u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 610 Agriculture u 422 Appeal 28 USC 158 u 400 State Reapportionm

u 120 Marine u 310 Airplane u 362 Personal Injury - u 620 Other Food & Drug u 423 Withdrawal u 410 Antitrust

u 130 Miller Act u 315 Airplane Product Med. Malpractice u 625 Drug Related Seizure 28 USC 157 u 430 Banks and Banking

u 140 Negotiable Instrument Liability u 365 Personal Injury - of Property 21 USC 881 u 450 Commerce

u 150 Recovery of Overpayment u 320 Assault, Libel & Product Liability u 630 Liquor Laws PROPERTY RIGHTS u 460 Deportation

& Enforcement of Judgment Slander u 368 Asbestos Personal u 640 R.R. & Truck u 820 Copyrights u 470 Racketeer Influence

u 151 Medicare Act u 330 Federal Employers Injury Product u 650 Airline Regs. u 830 Patent Corrupt Organizatio

u 152 Recovery of Defaulted Liability Liability u 660 Occupational u 840 Trademark u 480 Consumer Credit

Student Loans u 340 Marine PERSONAL PROPERTY Safety/Health u 490 Cable/Sat TV

(Excl. Veterans) u 345 Marine Product u 370 Other Fraud u 690 Other u 810 Selective Service

u 153 Recovery of Overpayment Liabil ity u 371 Truth in Lending LABOR SOCIAL SECURITY u 850 Securities/Commod

of Veterans Benefits u 350 Motor Vehicle u 380 Other Personal u 710 Fair Labor Standards u 861 HIA (1395ff) Exchange

u 160 Stockholders Suits u 355 Motor Vehicle Property Damage Act u 862 Black Lung (923) u 875 Customer Challenge

u 190 Other Contract Product Liability u 385 Property Damage u 720 Labor/Mgmt. Relations u 863 DIWC/DIWW (405(g)) 12 USC 3410

u 195 Contract Product Liability u 360 Other Personal Product Liability u 730 Labor/Mgmt.Reporting u 864 SSID Title XVI u 890 Other Statutory Acti

u 196 Franchise Injury & Disclosure Act u 865 RSI (405(g)) u 891 Agricultural Acts

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 740 Railway Labor Act FEDERAL TAX SUITS u 892 Economic Stabilizat

u 210 Land Condemnation u 441 Voting u 510 Motions to Vacate u 790 Other Labor Litigation u 870 Taxes (U.S. Plaintiff u 893 Environmental Mat

u 220 Foreclosure u 442 Employment Sentence u 791 Empl. Ret. Inc. or Defendant) u 894 Energy Allocation A

u 230 Rent Lease & Ejectment u 443 Housing/ Habeas Corpus: Security Act u 871 IRSThird Party u 895 Freedom of Informa

u 240 Torts to Land Accommodations u 530 General 26 USC 7609 Act

u 245 Tort Product Liability u 444 Welfare u 535 Death Penalty IMMIGRATION u 900Appeal of Fee Determ

u 290 All Other Real Property u 445 Amer. w/Disabilities - u 540 Mandamus & Other u 462 Naturalization Application Under Equal Access

Employment u 550 Civil Rights u 463 Habeas Corpus - to Justice

u 446 Amer. w/Disabilities - u 555 Prison Condition Alien Detainee u 950 Constitutionality of

Other u 465 Other Immigration State Statutes

u 440 Other Civil Rights Actions

V. ORIGINTransferred fromanother district(specify)

Appeal to DJudge fromMagistrateJudgment

(Place an X in One Box Only)

u 1 OriginalProceeding

u 2 Removed fromState Court

u 3 Remanded fromAppellate Court

u 4 Reinstated orReopened

u 5 u 6 MultidistrictLitigation

u 7

VI. CAUSE OF ACTION

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

Brief description of cause:

VII. REQUESTED IN

COMPLAINT:

u CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: u Yes u No

VIII. RELATED CASE(S)

IF ANY(See instructions):

JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

New York County, NY Essex County, MA

15 U.S.C. 1125

Trademark infrin ement unfair com etition trademark dilution and un ust enrichment

09/20/2011 /s/ Jennifer B. Furey



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S 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 reqy 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 thf 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 comled. The attorney filing a case should complete the form as follows:

(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, ushe 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, g

oth 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 thf 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 he 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, nn this section (see attachment).

I. 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 f 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.

ederal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment onstitution, 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, an

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 citizenshipifferent parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

II. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this sor each principal party.

V. Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is suffo 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, he 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.

emoved 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 peor removal is granted, check this box.

emanded 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.einstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

ransferred 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 multidtigation 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 thchecked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges 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 stanless 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.

ury 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 nund the corresponding judge names for such cases.

ate and Attorney Signature. Date and sign the civil cover sheet.



90/90

UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS

1. Title of case (name of first party on each side only)

2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local

rule 40.1(a)(1)).

I. 410, 441, 470, 535, 830*, 891, 893, 894, 895, R.23, REGARDLESS OF NATURE OF SUIT.

II. 110, 130, 140, 160, 190, 196, 230, 240, 290,320,362, 370, 371, 380, 430, 440, 442-446, 710, 720, 730, 740, 790,820*, 840*, 850, 870, 871.

III. 120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 368, 385, 400, 422, 423,450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 610, 620, 625, 630, 640, 650, 660, 690, 791, 810, 861-

865, 875, 890, 892, 900, 950.

*Also complete AO 120 or AO 121. for patent, trademark or copyright cases.

3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in thisdistrict please indicate the title and number of the first filed case in this court.

4. Has a prior action between the same parties and based on the same claim ever been filed in this court?

YES NO

5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC2403)

YES NO If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?

YES NO

6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC 2284?

YES NO

7. Do all of the parties in this action, excluding governmental agencies of the united states and the Commonwealth ofMassachusetts (governmental agencies), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).

YES NO

A. If yes, in which division do all of the non-governmental parties reside?

Eastern Division Central Division Western Division

B. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,residing in Massachusetts reside?

Hadassah v. Yudith Esther Alvarez


Documents

Complaint Hadassah v Yudith Esther Alvarez