Case: 4:15-cv CEJ Doc. #: 1 Filed: 12/07/15 Page: 1 of 8 PageID #: 1

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Transcription:

Case: 4:15-cv-01801-CEJ Doc. #: 1 Filed: 12/07/15 Page: 1 of 8 PageID #: 1

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Case: 4:15-cv-01801-CEJ Doc. #: 1-1 Filed: 12/07/15 Page: 1 of 2 PageID #: 9 CIVIL COVER SHEET (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM. I. (a PLAINTIFFS DEFENDANTS ANGELIQUE KIDD EDDIE BOYD, III (b ST. LOUIS (EXCEPT IN U.S. PLAINTIFF CASES (c (Firm Name, Address, and Telephone Number BLAKE STRODE, THOMAS HARVEY, STEVE RYALS, EDWARD HALL, ARCHCITY DEFENDERS, INC., 812 N. COLLINS AVE, ST. LOUIS, MO 63102, (314 361-8834 ST. LOUIS (IN U.S. PLAINTIFF CASES ONLY (If Known 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 PTF DEF PTF DEF (U.S. Government Not a Party or and (Indicate Citizenship of Parties in Item III IV. NATURE OF SUIT (Place an X in One Box Only CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES PERSONAL INJURY PERSONAL INJURY PROPERTY RIGHTS LABOR SOCIAL SECURITY PERSONAL PROPERTY REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS Habeas Corpus: IMMIGRATION Other: V. ORIGIN (Place an X in One Box Only VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S IF ANY (specify (Do not cite jurisdictional statutes unless diversity 42 U.S.C. s.1983 Defendant arrested plaintiff without probable cause in retaliation for plaintiff speech in violation of 1st, 4th, 14th Am CLASS ACTION DEMAND $ JURY DEMAND: (See instructions: FOR OFFICE USE ONLY

Case: 4:15-cv-01801-CEJ Doc. #: 1-1 Filed: 12/07/15 Page: 2 of 2 PageID #: 10 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 I.(a (b (c II. III. IV. Plaintiffs-Defendants. County of Residence. Attorneys. Jurisdiction.. ; NOTE: federal question actions take precedence over diversity cases. Residence (citizenship of Principal Parties. Nature of Suit. V. Origin. VI. VII. Cause of Action. Do not cite jurisdictional statutes unless diversity. Requested in Complaint. VIII. Related Cases. Date and Attorney Signature.

Case: 4:15-cv-01801-CEJ Doc. #: 1-2 Filed: 12/07/15 Page: 1 of 1 PageID #: 11 AO 398 (Rev. 01/09 Notice of a Lawsuit and Request to Waive Service of a Summons UNITED STATES DISTRICT COURT for the Eastern District District of of Missouri ANGELIQUE KIDD Plaintiff v. Civil Action No. EDDIE BOYD, III Defendant NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS To: EDDIEW BOYD, III (Name of the defendant or - if the defendant is a corporation, partnership, or association - an officer or agent authorized to receive service Why are you getting this? A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached. This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed waiver within 30 days (give at least 30 days, or at least 60 days if the defendant is outside any judicial district of the United States from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy. What happens next? If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice is sent (see the date below to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of the United States. If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service. Please read the enclosed statement about the duty to avoid unnecessary expenses. I certify that this request is being sent to you on the date below. Date: 12/09/2015 /s/ Blake Strode Signature of the attorney or unrepresented party Blake Strode Printed name 812 N. Collins St. St. Louis, MO 63102 Address bstrode@archcitydefenders.org E-mail address 314-361-8834 Telephone number

Case: 4:15-cv-01801-CEJ Doc. #: 1-3 Filed: 12/07/15 Page: 1 of 1 PageID #: 12 ANGELIQUE KIDD EDDIE BOYD, III UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI, Plaintiff, v. Case No., Defendant, ORIGINAL FILING FORM THIS FORM MUST BE COMPLETED AND VERIFIED BY THE FILING PARTY WHEN INITIATING A NEW CASE. THIS SAME CAUSE, OR A SUBSTANTIALLY EQUIVALENT COMPLAINT, WAS PREVIOUSLY FILED IN THIS COURT AS CASE NUMBER AND ASSIGNED TO THE HONORABLE JUDGE. THIS CAUSE IS RELATED, BUT IS NOT SUBSTANTIALLY EQUIVALENT TO ANY PREVIOUSLY FILED COMPLAINT. THE RELATED CASE NUMBER IS THAT CASE WAS ASSIGNED TO THE HONORABLE AND. THIS CASE MAY, THEREFORE, BE OPENED AS AN ORIGINAL PROCEEDING. NEITHER THIS SAME CAUSE, NOR A SUBSTANTIALLY EQUIVALENT COMPLAINT, HAS BEEN PREVIOUSLY FILED IN THIS COURT, AND THEREFORE MAY BE OPENED AS AN ORIGINAL PROCEEDING. The undersigned affirms that the information provided above is true and correct. Date: 12/07/2015 /s/ Blake Strode Signature of Filing Party

Case: 4:15-cv-01801-CEJ Doc. #: 1-4 Filed: 12/07/15 Page: 1 of 1 PageID #: 13 AO 399 (01/09 Waiver of the Service of Summons UNITED STATES DISTRICT COURT for the Eastern District of of Missouri ANGELIQUE KIDD Plaintiff v. Civil Action No. EDDIE BOYD, III Defendant WAIVER OF THE SERVICE OF SUMMONS To: BLAKE STRODE, ARCHCITY DEFENDERS, INC. (Name of the plaintiff s attorney or unrepresented plaintiff I have received your request to waive service of a summons in this action along with a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court s jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from 12/07/2015, the date when this request was sent (or 90 days if it was sent outside the United States. If I fail to do so, a default judgment will be entered against me or the entity I represent. Date: 12/07/2015 EDDIE BOYD, III Printed name of party waiving service of summons Signature of the attorney or unrepresented party Printed name Address E-mail address Telephone number Duty to Avoid Unnecessary Expenses of Serving a Summons Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. Good cause does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant s property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.