Case 3:18-cv SI Document 1 Filed 08/13/18 Page 1 of 20

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1 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 1 of 20 Michael Fuller, OSB No OlsenDaines US Bancorp Tower 111 SW 5th Ave., Suite 3150 Portland, Oregon michael@underdoglawyer.com Direct Kelly D. Jones, OSB No kellydonovanjones@gmail.com Phone Of Attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION ELISHA SOLANO DONNA JUEL RICK VENEMAN PAUL RUGGLES, individually and on behalf of other customers, v. THE KROGER CO. dba FRED MEYER, Plaintiffs, Case No. 3:18-cv-1488 CLASS ACTION ALLEGATION COMPLAINT Unlawful Trade Practices Unjust Enrichment Demand for Jury Trial Defendant. CLASS ACTION COMPLAINT Page 1 of 20

2 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 2 of INTRODUCTION Plaintiffs file this class action on behalf of thousands of other Oregon Fred Meyer customers who were assessed bottle deposit charges on exempt beverages that could not be refunded under Oregon law. ORS permits $200 statutory damages for every customer ripped off by Fred Meyer s reckless bottle deposit charge scam. 2. Fred Meyer is owned by The Kroger Co., a national food retailer with over $120 billion in annual revenue. Fred Meyer understands that the retail industry involves tight profit margins and high sales volumes. Fred Meyer understands that it s profitable to collect 10-cent deposit charges on exempt beverages that its customers will never be able to exchange for a refund. Fred Meyer understands that Oregon law does not permit it to collect bottle deposit charges on exempt beverages but continues to overcharge its customers anyway. 3. Oregon Fred Meyer customers who were assessed a 10-cent bottle deposit charge on an exempt beverage in the past year can learn more about their legal options at FredMeyerCustomers.com. CLASS ACTION COMPLAINT Page 2 of 20

3 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 3 of JURISDICTION AND THE PARTIES This Court has jurisdiction under 28 U.S.C because the refunds and penalties sought in this case exceed $5 million, and because plaintiffs are citizens of Oregon and Fred Meyer is a citizen of Ohio. 5. Defendant The Kroger Co. (Fred Meyer) is an Ohio corporation and a person as defined at ORS (4) that regularly advertises beverages for sale to Oregon customers. 6. Plaintiffs Alisha Solano, Donna Juel, Rick Veneman, and Paul Ruggles are Oregon citizens and Fred Meyer customers and persons as defined at ORS (4) who bought exempt beverages at an Oregon Fred Meyer store location for personal consumption. 7. Venue is proper under 28 U.S.C because the bulk of Fred Meyer s sales of exempt beverages as alleged in this complaint took place in the Portland, Oregon area. CLASS ACTION COMPLAINT Page 3 of 20

4 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 4 of FACTUAL ALLEGATIONS Many beverages sold by Fred Meyer, including most beverages in bottles or cans that are sold in sealed glass, metal, and plastic, require a 10-cent deposit under Oregon law. Under Oregon law, Fred Meyer must charge customers a 10-cent refundable deposit for these beverages, in addition to the advertised product price. Under Oregon law, after customers have consumed these beverages, they may return their empty containers for a 10-cent refund. Under Oregon law, certain beverages are exempt from the 10-cent deposit. Exempt beverage containers cannot be returned for a 10-cent refund. Exempt beverages include certain products sold in cartons, drink boxes, and foil pouches. 9. In July and August 2018, each plaintiff purchased an exempt beverage from Fred Meyer, and Fred Meyer collected a 10-cent deposit charge from them for each exempt beverage container. Fred Meyer did not disclose its 10-cent deposit charge in the advertisement of the exempt beverage prices to plaintiffs. A copy of Mr. Ruggles receipt and the type of exempt beverage he purchased is below: CLASS ACTION COMPLAINT Page 4 of 20

5 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 5 of Private investigation has revealed that Oregon Fred Meyer store locations in Forest Grove, Tualatin, Tigard, Wilsonville, Keizer, Salem, Albany, Springfield, and Eugene all regularly misrepresent the actual cost of certain exempt beverages, and all charge customers a 10-cent deposit on exempt beverages that cannot be returned for a refund under Oregon law. As explained below, Fred Meyer s choice to collect 10-cent deposits on exempt beverages violated Oregon s Unlawful Trade Practices Act in several ways. CLASS ACTION COMPLAINT Page 5 of 20

6 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 6 of The beverages that plaintiffs (and the putative class members) purchased from Fred Meyer ( exempt beverages ) are consumer goods obtained primarily for personal, family or household purposes under ORS (6)(a). 12. Fred Meyer violated Oregon s Unlawful Trade Practices Act (ORS (1)(b)) by causing the likelihood of confusion and misunderstanding as to whether the source of the additional 10-cent charge it added to the price of the exempt beverages was mandated by Oregon bottle deposit law and whether the 10-cent charge would be redeemable when the exempt beverage containers were returned. 13. Fred Meyer violated Oregon s Unlawful Trade Practices Act (ORS (1)(b)) by causing the likelihood of confusion and misunderstanding that the 10-cent charge it added to the price of the exempt beverages was approved or certified by the Oregon legislature through the Oregon bottle deposit law and whether the 10-cent charge would be redeemable when the exempt beverage containers were returned. CLASS ACTION COMPLAINT Page 6 of 20

7 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 7 of Fred Meyer violated Oregon s Unlawful Trade Practices Act (ORS (1)(e)) by representing that the exempt beverages had characteristics, uses, benefits, and qualities that they did not have, including that the exempt beverage containers would be redeemable in the amount of the 10-cent charge Fred Meyer added to the price of the exempt beverages, and by failing to disclose that the 10-cent charge it added to the price of exempt beverages would not be redeemable. 15. Fred Meyer violated Oregon s Unlawful Trade Practices Act (ORS (1)(i)) by advertising on the price tags on its shelves that the exempt beverage containers would be redeemable in the amount of the 10-cent bottle deposit charge, with intent that the exempt beverage containers would not be redeemable in the amount of the 10-cent charge, or by charging the 10-cent charge at its registers and on its receipts without disclosing that the exempt beverage containers would not be redeemable in the amount of the 10-cent charge. CLASS ACTION COMPLAINT Page 7 of 20

8 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 8 of Fred Meyer violated Oregon s Unlawful Trade Practices Act (ORS (1)(j)) by falsely and misleadingly representing on the price tags on its shelves, or at its registers or on its receipts, that the total price of the exempt beverages would be reduced in the amount of the 10-cent bottle deposit charge when the exempt beverage containers were redeemed for the 10-cent charge, and failing to disclose that the exempt beverage containers could not be redeemed in the amount of the 10-cent charge that was added by Fred Meyer. 17. Fred Meyer violated Oregon s Unlawful Trade Practices Act (ORS (1)(s)) by making false and misleading representations about the total cost its customers would pay for its exempt beverages, including by falsely and misleadingly representing on the price tags on its shelves, or at its registers or on its receipts, that the total price of the exempt beverages would be reduced in the amount of the 10-cent bottle deposit charge when the exempt beverage containers were redeemed for the 10- cent charge, and failing to disclose that the exempt beverage containers could not be redeemed in the amount of the 10-cent charge that was added by Fred Meyer. CLASS ACTION COMPLAINT Page 8 of 20

9 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 9 of Fred Meyer violated Oregon s Unlawful Trade Practices Act (ORS (1)(t) by, concurrent with tender and delivery of beverages that were exempt from a 10-cent bottle deposit charge under Oregon law, knowingly failing to disclose that the 10-cent charge bottle deposit it charged did not conform to Oregon bottle deposit law, and by failing to disclose that the exempt beverage containers were in fact not redeemable in the amount of the 10-cent charge under Oregon law. 19. Fred Meyer s violations of Oregon s Unlawful Trade Practices Act above were willful and reckless because Fred Meyer knew it could not charge customers a 10-cent deposit on exempt beverages and chose to do so anyway. Fred Meyer recklessly continued to violate Oregon s Unlawful Trade Practices Act by charging 10-cent deposits on exempt beverages, even after receiving repeated complaints from plaintiffs and other customers. CLASS ACTION COMPLAINT Page 9 of 20

10 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 10 of As a result of Fred Meyer s violations of Oregon s Unlawful Trade Practices Act as alleged above, plaintiffs and thousands of other Oregon customers suffered ascertainable losses of the 10-cent bottle deposit charges that Fred Meyer unlawfully added on to the exempt beverages. plaintiffs and each member of the putative Oregon class suffered actual ascertainable loss of the 10-cents they were charged by, and paid to, Fred Meyer, which was not redeemable upon return of the exempt beverage containers, and which was 10-cents more than plaintiffs and the putative class should, and would, have paid for the same exempt beverages at Fred Meyer, but for Fred Meyer s unlawful representations and omissions in violation of the UTPA as alleged in this complaint. CLASS ACTION COMPLAINT Page 10 of 20

11 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 11 of CLASS ACTION ALLEGATIONS Under FRCP 23, plaintiffs bring this action on behalf of themselves and all other similarly situated Oregon Fred Meyer customers. The class is initially defined as: a) Oregon Fred Meyer customers, who, after January 1, 2018, b) paid a 10-cent deposit charge to Fred Meyer on an exempt beverage in a container that could not be returned for a refund under Oregon law. 22. A class action is proper under FRCP 23(a) because based on the number of Fred Meyer stores in Oregon, and based on information that Fred Meyer s unlawful behavior took place in stores from Portland to Eugene, the class consists of thousands of individual Oregon customers, and joinder of all members is impracticable. Each class member is identifiable based on Fred Meyer s receipts, Fred Meyer s credit card transactions, and based on independently submitted claim forms. Excluded from the class are all attorneys for the class, executives of Fred Meyer, any judge who sits on the case, and all jurors and alternate jurors who sit on the case. CLASS ACTION COMPLAINT Page 11 of 20

12 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 12 of This action can be maintained as a class action under FRCP 23(a) and (b) because there are questions of law and fact common to the class members, which predominate over any questions relating to individual class members, including but not limited to: a) Whether Fred Meyer caused the likelihood of confusion and misunderstanding as to the source of the additional 10-cent charge it added to the price of the exempt beverages, b) Whether Fred Meyer caused the likelihood of confusion and misunderstanding that the 10-cent charge it added to the price of the exempt beverages was approved or certified by the Oregon legislature through the Oregon bottle deposit law, c) Whether Fred Meyer represented that the exempt beverages had characteristics, uses, benefits, and qualities that they did not have, including that the exempt beverage containers would be redeemable in the amount of the 10-cent charge Fred Meyer added to the price of the exempt beverages, and by failing to disclose that the 10-cent charge it added to the price of exempt beverages would not be redeemable, CLASS ACTION COMPLAINT Page 12 of 20

13 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 13 of 20 d) Whether Fred Meyer represented that the exempt beverages had characteristics, uses, benefits, and qualities that they did not have, including that the exempt beverage containers would be redeemable in the amount of the 10-cent charge Fred Meyer added to the price of the exempt beverages, and by failing to disclose that the 10-cent charge it added to the price of exempt beverages would not be redeemable, e) Whether Fred Meyer represented that the total price of the exempt beverages would be reduced in the amount of the 10-cent bottle deposit charge when the exempt beverage containers were redeemed for the 10-cent charge, and failing to disclose that the exempt beverage containers could not be redeemed in the amount of the 10-cent charge that was added by Fred Meyer, f) Whether Fred Meyer advertised its exempt beverages as having a certain cost, with the intent not to provide its exempt beverages for the advertised cost, g) Whether Fred Meyer advertised its bottle deposits on exempt items as refundable, with the intent to provide customers beverage containers that could not be returned for a refund, CLASS ACTION COMPLAINT Page 13 of 20

14 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 14 of 20 h) Whether Fred Meyer made false and misleading representations about the cost its customers would pay for its exempt beverages, i) Whether Fred Meyer, concurrent with tender and delivery of beverages that were exempt from a bottle deposit under Oregon law, knowingly failed to disclose that the 10-cent charge bottle deposit it charged did not conform to Oregon bottle deposit law, and whether it knowingly failed to that the exempt beverage containers were in fact not redeemable in the amount of the 10- cent charge under Oregon law, j) Whether Fred Meyer behaved willfully, recklessly or maliciously, whether Fred Meyer s behavior as alleged in this complaint violated Oregon s Unlawful Trade Practices Act, and whether under Oregon law, Fred Meyer should be able to retain the 10- cent bottle deposits it wrongfully collected. CLASS ACTION COMPLAINT Page 14 of 20

15 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 15 of Plaintiffs claims are typical of the claims of the class members, as they are based on the same factual circumstances, common representations, common omissions, and legal theories. Plaintiffs have no interests adverse to the class members. Plaintiffs will fairly and adequately represent and protect the interests of the members of the class. Plaintiffs have retained nationally known and locally respected counsel experienced in class action litigation to further ensure such representation and protection of the class. Plaintiffs and their counsel intend to prosecute this action vigorously and have the resources necessary to successfully try this case to judgment. 25. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. Absent class-wide adjudication, members of the class are without effective recourse. Few, if any, class members can afford to prosecute individual actions against Fred Meyer, especially in light of the unlawful 10-cent charge at issue. Absent class treatment, Fred Meyer s alleged wrongdoing would go unabated, and no class member would be afforded the opportunity to seek judicial relief, whether for themselves or for the public good generally. CLASS ACTION COMPLAINT Page 15 of 20

16 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 16 of The nature of the 10-cent charge at issue means that very few, if any class members will choose to litigate a claim on an individual basis. This case is only economically viable as a class action. 27. A class action is appropriate under FRCP 23(b)(3) because the questions of law and fact regarding the nature and legality of Fred Meyer s behavior as alleged in this complaint predominate over any questions affecting only individual class members, and a class action is superior to other available methods for the fair and efficient adjudication of this controversy, for the following reasons: a) The prosecution of separate actions creates a risk of inconsistent or varying rulings, b) The common questions of law and fact described above predominate over questions affecting only individual members, c) Individual class members would have little interest in controlling the prosecution of separate actions due to the nature of the 10- cent charge at issue and because of the expenses of litigation, d) This is a desirable forum because this Court has significant experience managing class actions, and e) A class action will be an efficient method of adjudicating the claims of the class members. CLASS ACTION COMPLAINT Page 16 of 20

17 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 17 of CLAIMS FOR RELIEF Claim 1 for Violation of the UTPA Fred Meyer s behavior as alleged in this complaint willfully and recklessly violated Oregon s Unlawful Trade Practices Act, including ORS (1)(b), (e), (i), (j), (s), and (t), causing customers ascertainable losses of 10-cent bottle deposits on exempt beverages that they could have purchased for 10-cents less, for containers that also could not be turned in for a 10-cent refund, but for Fred Meyer not unlawfully adding in an unlawful 10-cent deposit charge on the exempt beverages. 29. Fred Meyer s behavior as alleged in this complaint was reckless, in pursuit of profit, and constituted a wanton, outrageous and oppressive violation of the rights of plaintiffs and the putative class members to be free from unlawful trade practices. As a result of Fred Meyer s violation of Oregon s Unlawful Trade Practices Act as alleged above, plaintiffs and all other similarly situated individual customers are entitled to actual damages or $200 statutory damages, punitive damages, and reimbursed litigation expenses, fees and costs under ORS CLASS ACTION COMPLAINT Page 17 of 20

18 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 18 of Claim 2 for Unjust Enrichment As a matter of justice and equity, Fred Meyer should not be able to retain the 10-cent charge it wrongfully collected from plaintiffs and the putative class under these circumstances. Plaintiffs and the putative class are entitled to restitution based on Fred Meyer s unjust enrichment as alleged in this complaint. 31. Demand for jury trial. CLASS ACTION COMPLAINT Page 18 of 20

19 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 19 of 20 PRAYER FOR RELIEF Plaintiffs seek relief as follows: A. An order that this case may proceed as a class action and an order that Fred Meyer violated Oregon s Unlawful Trade Practices Act, B. An order and judgment in favor of plaintiffs and the class against Fred Meyer for damages determined to have been sustained by them, including actual damages or $200 statutory damages, punitive damages, and equitable relief and reimbursement of their litigation expenses, fees and costs, C. An order and judgment in favor of plaintiffs and the class against Fred Meyer for maximum pre-judgment and post-judgment interest, and D. For any other relief this Court may determine is fair and proper. August 13, 2018 RESPECTFULLY FILED, s/ Michael Fuller Michael Fuller, OSB No Lead Trial Attorney for Plaintiffs OlsenDaines US Bancorp Tower 111 SW 5th Ave., Suite 3150 Portland, Oregon michael@underdoglawyer.com Direct CLASS ACTION COMPLAINT Page 19 of 20

20 Case 3:18-cv SI Document 1 Filed 08/13/18 Page 20 of 20 PROOF OF MAILING I declare and certify that on the date below I caused a copy of this complaint to be mailed to the following: Ellen Rosenblum Oregon Attorney General Oregon Department of Justice 1162 Court Street NE Salem, Oregon August 13, 2018 s/ Michael Fuller Michael Fuller, OSB No Lead Trial Attorney for Plaintiffs OlsenDaines US Bancorp Tower 111 SW 5th Ave., Suite 3150 Portland, Oregon michael@underdoglawyer.com Direct CLASS ACTION COMPLAINT Page 20 of 20

21 Case 3:18-cv SI Document 1-1 Filed 08/13/18 Page 1 of 2 JS 44 (Rev. 09/11) 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 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.) I. (a) PLAINTIFFS DEFENDANTS ELISHA SOLANO THE KROGER CO. (b) County of Residence of First Listed Plaintiff Mult. (EXCEPT IN U.S. PLAINTIFF CASES) County of Residence of First Listed Defendant (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) Michael Fuller, US Bancorp Tower, 111 SW 5th Ave., Suite 3150 Portland, Oregon 97204, II. BASIS OF JURISDICTION (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) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (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 Foreign Country IV. NATURE OF SUIT (Place an X in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC Withdrawal 400 State Reapportionment 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC Antitrust 140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce & Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influenced and 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations Student Loans 340 Marine Injury Product 480 Consumer Credit (Excl. Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/ of Veteran s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange 160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions 190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI 891 Agricultural Acts 195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 893 Environmental Matters 196 Franchise Injury 385 Property Damage Leave Act 895 Freedom of Information 362 Personal Injury - Product Liability 790 Other Labor Litigation Act Med. Malpractice 791 Empl. Ret. Inc. 896 Arbitration REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS 899 Administrative Procedure 210 Land Condemnation 440 Other Civil Rights 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act/Review or Appeal of 220 Foreclosure 441 Voting Sentence or Defendant) Agency Decision 230 Rent Lease & Ejectment 442 Employment Habeas Corpus: 871 IRS Third Party 950 Constitutionality of 240 Torts to Land 443 Housing/ 530 General 26 USC 7609 State Statutes 245 Tort Product Liability Accommodations 535 Death Penalty IMMIGRATION 290 All Other Real Property 445 Amer. w/disabilities Mandamus & Other 462 Naturalization Application Employment 550 Civil Rights 463 Habeas Corpus Amer. w/disabilities Prison Condition Alien Detainee Other 560 Civil Detainee - (Prisoner Petition) 448 Education Conditions of 465 Other Immigration Confinement Actions V. ORIGIN (Place an X in One Box Only) Transferred from 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 another district 6 Multidistrict Proceeding State Court Appellate Court Reopened (specify) Litigation Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): VI. CAUSE OF ACTION 28 U.S.C Brief description of cause: Alleged UTPA Violation VII. 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 VIII. RELATED CASE(S) IF ANY DATE FOR OFFICE USE ONLY (See instructions): JUDGE SIGNATURE OF ATTORNEY OF RECORD 08/13/2018 s/ Michael Fuller DOCKET NUMBER RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

22 Case 3:18-cv SI Document 1-1 Filed 08/13/18 Page 2 of 2 JS 44 Reverse (Rev. 09/11) 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 and 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. 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 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 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 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. Do not cite jurisdictional statutes unless 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. 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.

23 Case 3:18-cv SI Document 1-2 Filed 08/13/18 Page 1 of 1 AO 440 (Rev. 12/09) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District District of of Oregon ELISHA SOLANO ET AL. ) Plaintiff v. ) ) ) Civil Action No. 3:18-cv-1488 THE KROGER CO. dba FRED MEYER Defendant ) ) ) SUMMONS IN A CIVIL ACTION To: (Defendant s name and address) The Kroger Co. c/o registered agent Corporation Service Company 1127 Broadway Street NE Ste 310 Salem, Oregon 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: Elisha Solano et al. c/o attorney Michael Fuller US Bancorp Tower 111 SW 5th Ave., Suite 3150 Portland, Oregon 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