IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA JOSHUA SEPANSKI, individually and on behalf of all others similarly situated, Plaintiff, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, and SOUTHWEST BAPTIST UNIVERSITY, Defendants. Case No. 1:19-cv-488 COMPLAINT CLASS ACTION DEMAND FOR JURY TRIAL CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff Joshua Sepanski, individually and on behalf of all others similarly situated, brings this Class Action Complaint and Demand for Jury Trial against Defendants National Collegiate Athletic Association (“NCAA”) and Southwest Baptist University (“SBU”) (together, “Defendants”) to obtain redress for injuries sustained as a result of Defendants’ reckless disregard for the health and safety of generations of SBU student-athletes. Plaintiff alleges as follows upon personal knowledge as to himself and his own acts and experiences and, as to all other matters, upon information and belief, including investigation conducted by his attorneys. INTRODUCTION 1. Nearly one hundred thousand student-athletes sign up to compete in college football each year, and it’s no surprise why. Football is America’s sport and Plaintiff and a Class of football players (defined below) were raised to live and breathe the game. During football season, there are entire days of the week that millions of Americans dedicate to watching the game. On game days, hundreds of thousands of fans fill stadium seats and even more watch Case 1:19-cv-00488-JPH-MJD Document 1 Filed 01/29/19 Page 1 of 33 PageID #: 1
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA · 2020-01-01 · IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA JOSHUA SEPANSKI,
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF INDIANA
JOSHUA SEPANSKI, individually and on
behalf of all others similarly situated,
Plaintiff,
v.
NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, and SOUTHWEST
BAPTIST UNIVERSITY,
Defendants.
Case No. 1:19-cv-488
COMPLAINT
CLASS ACTION
DEMAND FOR JURY TRIAL
CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff Joshua Sepanski, individually and on behalf of all others similarly situated,
brings this Class Action Complaint and Demand for Jury Trial against Defendants National
Collegiate Athletic Association (“NCAA”) and Southwest Baptist University (“SBU”)
(together, “Defendants”) to obtain redress for injuries sustained as a result of Defendants’
reckless disregard for the health and safety of generations of SBU student-athletes. Plaintiff
alleges as follows upon personal knowledge as to himself and his own acts and experiences and,
as to all other matters, upon information and belief, including investigation conducted by his
attorneys.
INTRODUCTION
1. Nearly one hundred thousand student-athletes sign up to compete in college
football each year, and it’s no surprise why. Football is America’s sport and Plaintiff and a Class
of football players (defined below) were raised to live and breathe the game. During football
season, there are entire days of the week that millions of Americans dedicate to watching the
game. On game days, hundreds of thousands of fans fill stadium seats and even more watch
Case 1:19-cv-00488-JPH-MJD Document 1 Filed 01/29/19 Page 1 of 33 PageID #: 1
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around the world. Before each game, these players—often mere teenagers—are riled up and told
to do whatever it takes to win and, when playing, are motivated to do whatever it takes to keep
going.
2. But up until 2010, Defendants NCAA and SBU kept players and the public in the
dark about an epidemic that was slowly killing former college athletes.
3. During the course of a college football season, athletes absorb more than 1,000
impacts greater than 10 Gs (gravitational force) and, worse yet, the majority of football-related
hits to the head exceed 20 Gs, with some approaching 100 Gs. To put this in perspective, if you
drove your car into a wall at twenty-five miles per hour and weren’t wearing a seatbelt, the force
of you hitting the windshield would be around 100 Gs. Thus, each season these 18, 19, 20, and
21-year-old student-athletes are subjected to the equivalent of repeated car accidents.
4. Over time, the repetitive and violent impacts to players’ heads led to repeated
concussions that severely increased their risks of long-term brain injuries, including memory
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39. A collegiate athlete may not recognize the signs and/or symptoms of a
concussion, and, more often, the effect of the concussion itself prevents him from recognizing
them. Because of that, he may put himself at risk of further injury by returning to a game after a
concussion. Brains that have not had time to properly heal from a concussion are particularly
susceptible to further injury.
ii. Post-Concussion Treatment.
40. After a concussion, the brain needs time to heal. Doctors generally prohibit
individuals from returning to normal activities—certainly including contact sports—until all
symptoms have subsided. They do so because, immediately after a concussion, the brain is
particularly vulnerable to further injury. Even after the immediate effects have worn off, a person
who has suffered a concussion is four to six times more likely to receive another concussion than
a person who has been concussion-free.
41. The length of the healing process varies from person to person and from
concussion to concussion. Symptoms may even last for one or two weeks.
42. Individuals who do not recover from a concussion within a few weeks are
diagnosed with post-concussion syndrome. The symptoms of post-concussion syndrome can last
for months, and sometimes can even be permanent. Generally, people suffering from post-
concussion syndrome are referred to specialists for additional medical help.
43. Still, many people think of concussions as short-term, temporary injuries.
However, decades of scientific research demonstrate the effects of concussions are anything but
temporary.
B. Studies Confirm the Dangers and Long-Term Effects of Concussions.
44. Two of the leading studies of the long-term effects of concussions were conducted
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by Boston University’s Center for the Study of Traumatic Encephalopathy and the Brain Injury
Research Institute. These studies showed the “devastating consequences” of repeated
concussions, including that they lead to an increased risk of depression, dementia, and suicide.
These studies have also demonstrated that repeated concussions trigger progressive degeneration
of the brain tissue, including the build-up of an abnormal protein called the tau protein.
45. Between 2002 and 2007, Dr. Bennett Omalu of the Brain Injury Research Institute
examined the brains of five former NFL players: Andre Waters, Mike Webster, Terry Long,
Justin Strzelczyk, and Damien Nash. Waters killed himself; Nash died unexpectedly at the age of
24; Webster, homeless and cognitively impaired, died of heart failure; and Strzelczyk died
driving the wrong way down a highway at 90 miles per hour. Four of the five brains showed the
telltale characteristics of CTE—a progressive, degenerative disease of the brain found in people
with a history of repetitive brain trauma.
46. In his early studies, Dr. Robert Cantu of the Boston University Center for the
Study of Traumatic Encephalopathy found evidence of CTE in 90 of 94 (96%) autopsied brains
of former NFL players. A recent update to these studies found CTE in a staggering 110 of 111
(99%) former NFL players and 48 of 53 former college players (91%).7
47. These more recent studies were neither aberrations nor surprises but
confirmations of what was already known or readily apparent from the existing medical
literature.
48. Studies like these, which establish the devastating dangers related to TBIs, date
back to the early twentieth century. For example, in an article in the 1905 multi-volume medical
7 Jesse Mez, MD, MS, et al., Clinicopathological Evaluation of Chronic Traumatic
Encephalopathy in Players of American Football, 318 JAMA 4, 360–370 (2017).
Case 1:19-cv-00488-JPH-MJD Document 1 Filed 01/29/19 Page 11 of 33 PageID #: 11
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text A System of Medicine, surgeon Sir William Bennett noted that the dangers from TBIs can
arise just as easily when “no loss of consciousness occurs at all,” and that such injuries “may in
the end have far graver results” due to their “escap[ing] treatment altogether in the first instance”
given their less severe appearance.8 Bennett noted that the imposition of a strict treatment
regimen immediately after an injury, during initial recovery, and following the initial recovery
period, was essential to the “treatment of all cases of concussion of the brain, whether they be
severe or slight.”9
49. Some early articles from this period began to recognize the unique dangers
presented by football, specifically. The editors of the Journal of the American Medical
Association recognized the long-term risks of such head injuries very early on, writing in 1905
that “[t]o be a cripple or lunatic for life is paying high for athletic emulation” via football.10
Similarly, the risks of concussion in football were discussed in a 1906 article by Dr. Edward
Nichols, who observed that a concussed player might go through multiple plays before his
teammates noticed his altered mental state.11
50. Beginning with studies on the brain injuries suffered by boxers in the 1920s,
medical science began to clearly recognize the debilitating effects of concussions and other TBIs,
connect it to contact sports (including football), and find that repetitive head impacts can cause
permanent brain damage and increased risk of long-term cognitive decline and disability.
8 Sir William Bennett, Some Milder Forms of Concussion of the Brain, A System of
Medicine Vol. 8 231-32 (2d ed. 1910). 9 Id. 10 Editors, The Football Mortality, 39 JAMA 1464 (1905).
11 Edward Nichols, The Physical Aspect of American Football, 154 Boston Med. & Surgical
J.1 (1906).
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51. For instance, in 1927, Drs. Michael Osnato and Vincent Giliberti discussed a
disease they called traumatic encephalitis in an article on post-concussion damage in Archives of
Neurology & Psychiatry, concluding that brain disease could manifest in “young men knocked
out in football and other games,” but noting that the issue had “not received adequate
attention.”12 Then, in 1928, Pathologist Dr. Harrison Martland published a study called “Punch
Drunk” in the Journal of the American Medical Association, where he described the clinical
spectrum of abnormalities found in nearly 50 percent of boxers who had been knocked out or
who had suffered a considerable impact to the head.13
52. Countless studies were later conducted on boxers suffering chronic neurological
symptoms as a result of repeated head injuries, and who displayed signs of dementia and
impairment of motor functions.14 As incidents of chronic encephalopathy increased, they were
often characterized as a “Parkinsonian” pattern of progressive decline. However, in a chapter of a
mid-twentieth century book on brain injuries, psychiatrists Karl M. Bowman and Abram Blau
coined the term “chronic traumatic encephalopathy” to explain the deterioration of a boxer’s
mental state over time.15
53. In 1936, Dr. Edward J. Carroll, Jr. wrote an article further recognizing “punch-
12 Michael Osnato & Vincent Giliberti, Postconcussion Neurosis-Traumatic Encephalitis,
18 Archives of Neurology & Psychiatry 181 (1927). 13 Dr. Harrison S. Martland, Punch Drunk, 91 JAMA 1103 (1928).
14 See, e.g., E. Guttmann & C.E. Winterstein, Disturbances of Consciousness After Head
Injuries: Observations on Boxers, 84 J. of Mental Sci. 347 (Mar. 1938); Harry L. Parker,
Traumatic Encephalopathy (‘Punch Drunk’) of Professional Pugilists, 15 J. of Neurology &
Psychopathology 20 (July 1934); C.E. Winterstein, Head Injuries Attributable to Boxing, 2
Lancet 719 (Sept. 1937). 15 K.M. Bowman & A. Blau, Psychotic States Following Head and Brain Injury in Adults
and Children, Injuries of the Skull, Brain and Spinal Cord: Neuropsychiatric, Surgical, and
Medico-Legal Aspects 309 (S. Brock, ed. 1940).
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drunk syndrome’s” seriousness, stating that “no head blow is taken with impunity, and [] each
knock-out causes definite and irreparable damage. If such trauma is repeated for a long enough
period, it is inevitable that nerve cell insufficiency will develop ultimately, and the individual
will become punch-drunk.” He also noted that in addition to boxers, punch drunk had been
recognized among football players.16
54. The next year, the American Football Coaches Association published a report
warning that players who suffer even “one concussion” should be removed from play.17
55. In 1952, an article published in The New England Journal of Medicine first
recommended a “three-strike rule” for concussions in football, demanding that players cease to
play football permanently after receiving their third concussion.18
56. Starting in the late 1960’s, the medical community began focusing on the effects
of concussion-related injuries in football. In a 1967 study, Drs. John R. Hughes and D. Eugene
Hendrix examined how severe impacts affected brain activity in football players by utilizing
electroencephalograms (“EEGs”).19 Several years after that, a potentially fatal condition known
as “Second Impact Syndrome” was identified, which is a re-injury to an already-concussed brain
that triggers swelling the skull cannot accommodate.
57. In 1975, the Chief Medical Officer of the British Boxing Board of Control
suggested boxers were not the only persons or athletes vulnerable to the risk of long-term brain
16 Edward J. Carroll, Jr., Punch-Drunk, 191 Am. J. Med. Sci. 706 (1936).
17 Proceedings of the Seventeenth Annual Meeting of the American Football Coaches
Association (Dec. 29, 1937) (“Sports demanding personal contact should be eliminated after an
individual has suffered a concussion”). 18 Augustus Thorndike, Serious Recurrent Injuries of Athletes—Contraindications to
Further Competitive Participation, 247 New Eng. J. Med. 554, 555-56 (1952). 19 John R. Hughes & D. Eugene Hendrix, Telemetered EEG From A Football Player In
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EDELSON PC
123 Townsend Street, Suite 100
San Francisco, California 94107
Tel: 415.212.9300
Fax: 415.373.9435
Counsel for Plaintiff and the Putative Class
*Admission to be sought.
Case 1:19-cv-00488-JPH-MJD Document 1 Filed 01/29/19 Page 33 of 33 PageID #: 33
JS 44 (Rev. 08/18) 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 asprovided 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. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (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 TRACT OF LAND INVOLVED.
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 DEFPlaintiff (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 ’ 5Defendant (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) Click here for: Nature of Suit Code Descriptions.CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC ’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and (Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 485 Telephone Consumer
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) Protection Act’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 490 Cable/Sat TV’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 850 Securities/Commodities/’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) Exchange
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 890 Other Statutory Actions Medical Malpractice Leave Act ’ 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 893 Environmental Matters’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 895 Freedom of Information’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) Act’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 896 Arbitration’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 899 Administrative Procedure’ 245 Tort Product Liability Accommodations ’ 530 General Act/Review or Appeal of’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: ’ 462 Naturalization Application ’ 950 Constitutionality of’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration State Statutes
Other ’ 550 Civil Rights Actions’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee - Conditions of Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 OriginalProceeding
’ 2 Removed fromState Court
’ 3 Remanded fromAppellate Court
’ 4 Reinstated orReopened
’ 5 Transferred fromAnother District(specify)
’ 6 MultidistrictLitigation -Transfer
’ 8 Multidistrict Litigation - Direct File
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:
’ CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint:
JURY DEMAND: ’ Yes ’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
Case 1:19-cv-00488-JPH-MJD Document 1-1 Filed 01/29/19 Page 1 of 2 PageID #: 34
JOSHUA SEPANSKI, individually and on behalf of all others similarly situated,
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, and SOUTHWEST BAPTIST UNIVERSITY,
Negligence, Fraudulent Concealment, Breach of Contract, Unjust Enrichment
5,000,000.00
01/29/2019 s/ Jeff Raizner
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JS 44 Reverse (Rev. 08/18)
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 asrequired 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 the 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:
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 thetime 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 landcondemnation 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, notingin this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.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. 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 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; NOTE: 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 there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions.
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. 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 – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue.
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 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. 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.
Case 1:19-cv-00488-JPH-MJD Document 1-1 Filed 01/29/19 Page 2 of 2 PageID #: 35
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
))))))))))))
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
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 plaintiff’s attorney,whose name and address are:
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
Case 1:19-cv-00488-JPH-MJD Document 1-2 Filed 01/29/19 Page 1 of 2 PageID #: 36
Southern District of Indiana
JOSHUA SEPANSKI, individually and on behalf of all others similarly situated,
1:19-cv-488
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, and SOUTHWEST BAPTIST
UNIVERSITY,
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION 700 WEST WASHINGTON STREET INDIANAPOLIS, INDIANA 46206 SOUTHWEST BAPTIST UNIVERSITY 1600 UNIVERSITY AVENUE BOLIVAR, MISSOURI 65613
JEFF RAIZNER RAIZNER SLANIA LLP 2402 DUNLAVY ST. HOUSTON, TX 77006
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
’ I personally served the summons on the individual at (place)
on (date) ; or
’ 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 (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
Case 1:19-cv-00488-JPH-MJD Document 1-2 Filed 01/29/19 Page 2 of 2 PageID #: 37
1:19-cv-488
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