Case3:13-cv-05296-EDL Document1 Filed11/14/13 Page1 of 45 · 2013. 11. 21. · Case3:13-cv-05296-EDL Docurnentl-1 Filed11/14/13 Page2 of 2 iS44 Re erse INSTRUCTIONS FOR ATTORNEYS

Case3:13-cv-05296-EDL Document1 Filed11/14/13 Page1 of 45













































IX. DIVISIONAL ASSIGNMENT (Civil R. 3-2)

Case3:13-cv-05296-EDL Document1-1 Filed11/14/13 Pagel of 2

JS 44 (Rev 12/11) cand rev (1/15/13) 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

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 thepurpose of initiating the civil docket sheet. (VE INSIRta 'TONS ON NEXT P.1( 3h OF MIS l'illhlf.)

I. (a) PLAINTIFFS DEFENDANTSMONA GANDHI, MARISHA JOHNSTON, and MARSHALL TIETJE, TRACFONE WIRELESS, INC.individually and on behalf of all others similarly situated.

(b) County of Residence of First Listed Plaintiff San Benito County of Residence of First Listed Defendant(EX( D'i. IN /I., AINTIEF ('.-ISE, (IN US. PLAINTIFF (ASES ONLY)

NOTE, IN LAND CONDEMNATION CASES, USE THE LOCATION OF

1 THE TRACT OF LAND INVOLVED.

(C) Attorneys (Firm Name. Addres-s, UM elephone Number) Attorneys q.1 Known)

Michael W. Sobol 415-956-1000Lieff Cabraser Heimann & Bernstein, LLP275 Battery St., 29th Floor, San Francisco, CA 94111

II. BASIS OF JURISDICTION 0,,,, -.v- in (m, ym)., (b,/.0 HI. CITIZENSHIP OF PRINCIPAL PARTIES (prace. -1-.. in one B,,x.li, phiumo(Phr Onvrcay l'ases (10) and One Boy far IWendan0

1 1 U.S. Gm ernment 1 3 Federal Question PTE DEF PTF DIEU

Plaintiff (li.,x (illVerilillelli NOI, r Pally) Citizen of 'this State X 1 1 1 Inemporated or Principal Place 1 4 71 4

of Business In This State

1 2 U.S. Government r4 4 Diversity Citizen of Another State 1 2 1 2 Incorporated and Principal Place 1 5 X 5

Defendant rhhheale (Vnzenship al Payne, in hem III) of Business In Another State

Citizen or Subject of a 1 3 1 3 Foreign Nation 1 6 I (i

Fnrelon (-mint,

I %I NA'rl 1R117 11E' SI Ill' mutt,. 11^11,1

I CONTRACT TORTS FORFEITURE/PENALTY BANKRUPICY OTHER STATUTES 1

1 110 Insurance PERSONAL INJURY PERSONAL INJURY 1 625 Drug Related Seizure 1 422 Appeal 28 USC 158 1 375 False Claims Act

11 120 Marine 1 310 Airplane 1 365 Personal Injury of Property 21 USC 881 11 423 Withdrawal 1 400 State Reapportionment1 130 Miller Act 1 315 Airplane Product Product Liability 1 690 Other 28 USC 157 n 410 AntitrustI 140 Negotiable instrument 1 iability CI 367 Health Care; 0 430 Banks and Banking1 150 Recosery of Overpayment 1 320 Assault, Libel & Pharmaceutical PROPERTY WORTS. 1 450 Commerce

& Enforcement ofJudgment Slander Personal Injury0820 Copyrights 0 460 Deportation1 151 N, re, Act I 330 Federal Employers' Product I, iability 1 830 Patent 71 470 Racketeer Influenced and

1 I Recov- of Defaulted Liability CI 368 Asbestos Personal 1 840 Trademark Corrupt OrganizationsStudent nuns 11 340 Marine Injury Product I 480 Consumer Credit

(Exclude, Veterans) 1 345 Marine Product Liability =EZ7:::::::=EMMEnin= 1 190 Cable,/Sat TV

1 153 Recove of Overpayment 1,tability PERSONAL PROPERTY 1 710 Fair Labor Standards 1 861 HIA (1395f1) 3 8 50 SeeuritiesiCommoditiesiof Veleta 's Benefits 1 330 Motor Vehicle 1 370 Other Fraud Act 1 862 Black Lung (923) Exchange

1 160 Stockhol ers' Suits 1 355 Motor Vehicle I 371 Truth in Lending LI 720 LaborManagement I 863 DIWCIDIWW (405(g)) I 890 Other Statutory Actions

X 190 Other C( uract Product Liability 1 380 Other Personal Relations 1 864 SSID Title XVI I 891 Agricultural Acts

1 145 Contra Product 1 iability 1 360 Other Personal Property Damage 1 740 Railway Labor Act 1 865 RSI (405(g)) I 893 Environmental Matters

1 19), Franc se Injury n 385 Property Damage 1 751 Family and Medical 0 895 Freedom of Information

1 362 Personal Injury Product Liability Leave Act Act

I REAL PROPERTYMedical Malpractice 0 790 Other I,abor Litigation 1 896 Arbitration

CIVIL RIGHTS PRISONER PETITIONS I 791 Employee Retirement mem Tu.suits 1 899 Administrative Procedure

1 210 I,and Condemnation 1 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes i U.S. Plaintiff' Act/Review or Appeal of

1 220 Foreclosure 1 441 Voting 0 463 Alien Detainee or Defendant) Agency Decision

I 230 Rent Lease S.: Ejectment 1 442 Employment 1 510 Nlotions to Vacate 1 871 1RS—Third Party 1 950 Constitutionality of

0 240 Torts to Land 1 443 Housing/ Sentence 26 USC 7609 State Statutes

1 213 Tort Product Liability Accommodations 1 530 General1 290 :).11 Other Real Property 1 445 Amer. w.Disabilities 1 :535 Death Penalty IMhOGRATION

Employment Other: 1 462 Naturalization ApplicationI 446 Amer. w/Disabilities 0 540 Mandamus & Other 1 465 Other Immigration

Other 1 550 Civil Rights ActionsI 445 Education 1 355 Prison Condition

71 560 Civil DetaineeConditions ofConfinement

V. ORIGIN (Place an X in (Pie Bov

)4 I Original 1 2 Remov. from 1 3 Remanded fmm I 4 Reinstated or 1 5 Transferred from CI 6 MultidistrictProceeding State fourt Appellate Court Reopened Another District Litigation

(spec^tv)Cite the (I.S. 7ivil Statute under which you are filing (Do not ellejurisdictional slatutev unku diversity):

VI. CAUSE OF ACT NCalifornia 3 usiness & Professions Code 17200 et seq.; Cal. Civ. Code 1750 et seq.Brief descript on of cause:

Defendant. falsely advertise Net 10 cellular phone plans as providing "unlimited" data service.VD. REQUESTED 1 RI CHECK I" THIS IS A CLASS ACTION DEMAND S CHECK YES only ifdemanded in complaint:

COMPLAINT: UNDE RULE 23, F.R.Cv.P. JURY DEMAND: A Yes I No

VIII. RELATED CAS (S)IF ANY (S,,,. IrliCIIMIS):

JUDGE DOCKET NUMBER

11/14/2013 A TtEAT N:a, EV OICORDDATE

(Place an "X" in One Box Only) n SAN FRANCISCO/OAKLAND DAN JOSE 0 EUREKA

Case3:13-cv-05296-EDL Docurnentl-1 Filed11/14/13 Page2 of 2

iS 44 Re erse

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the inthrmation 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. isrequired for the use of the Clerk of Court for thc purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk ofCourt for each civil complaint filed. The attorney filing a case should complete the form as follows:

L(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 andthen 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 thetime of tiling. 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 landcondemnation cases, the county of residence of the "defendant" is the location ofthe 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, notingin this section "(see attachment)".

Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a). F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an

in onc of the boxes. If there is more than onc basis ofjurisdiction, 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 amendmentto the Constitution, an act of Congress or a treaty of the United States. In eases where the U.S. is a party, the U.S. plaintiff or defendant code takesprecedence, and box 1 or 2 should he 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, thecitizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversitycases.)

III. Residence (citizenship) of Principal Parties. "Ellis section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark thissection 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, issufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more thanone nature of suit, select the most definitive.

V. Origin. Place an "X" in onc of the six 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 filingdate.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 nut check (5) above.

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 jurisdictionalstatutes 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, E.R.Cv.P.Demand. In this space enter the actual dollar amount 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. "Fhis section of the JS 44 is used to reference related pending cases, if any. lf there are related pending cases, insert the docketnumbers and the corresponding judge names for such eases.

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

Case3:13-cv-05296-EDL Document1-2 Filed11/14/13 Pagel of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

Northern District of California ikotMONA GANDHI, MARISHA JOHNSTON, and

MARSHALL TIETJE, individually and on behalf of allothers similarly situated,

Plaintiffis) C 5296V., Civil Action No.

TRACFONE WIRELESS, INC.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) Tracfone Wireless, Inc.Registered Agent for Service of ProcessCorporate Creations Network, Inc.131-A Stoney Circle, Suite 500Santa Rosa, CA 95401

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 youare 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 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:

Michael W. Sobol Daniel M. HattisLIEFF CABRASER HEIMANN & HATTIS LAWBERNSTEIN, LLP 1134 Crane Street, Suite 216275 Battery St., 29th Floor Menlo Park, CA 94025San Francisco, CA 94111

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.

RICHARD W. WIEKINGCLERK OF COURT

NOV, 1 4 2013)Date: ANNASPRINKWFSignature ofClerk or Deputy.

Case3:13-cv-05296-EDL Document1-2 Filed11/14/13 Page2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be/lied with the court unless required by Fed. R. Civ. P. 4 (I))

This summons for (name of individual and title, fanv)

was received by me on.(dato

71 I personally served the summons on the individual at (place)

on (date); or

n I left the summons at the individual's residence or usual place of abode with (name)

a person of suitable age and discretion who resides there,on (date). and mailed a copy to the individual's last known address; or

I served the summons on (nameofindividual),who is

designated by law to accept service of process on behalf of (name oforganization)

on (date); Or

11 I returned the summons unexecutedbecause;or

Other (specifj.):

My fees are for travel and for services, for a total of 0.00

I declare under penalty of perjury that this information is true.

Date:

Additional information regarding attempted service, etc:

Server's signature

Printed mune and tide

Server's address

Case3:13-cv-05296-EDL Document1 Filed11/14/13 Page1 of 45 · 2013. 11. 21. · Case3:13-cv-05296-EDL Docurnentl-1 Filed11/14/13 Page2 of 2 iS44 Re erse INSTRUCTIONS FOR ATTORNEYS

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