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Page 1: Case: 4:15-cv-01801-CEJ Doc. #: 1 Filed: 12/07/15 Page: 1 of 8 …bloximages.newyork1.vip.townnews.com/stltoday.com/... · 2015-12-09 · Case: 4:15-cv-01801-CEJ Doc. #: 1-1 Filed:

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CIVIL COVER SHEET

(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b)(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

(c) (Firm Name, Address, and Telephone Number) (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 SUITSHabeas Corpus:

IMMIGRATIONOther:

V. ORIGIN (Place an “X” in One Box Only)

(specify)

VI. CAUSE OF ACTION

(Do not cite jurisdictional statutes unless diversity)

VII. REQUESTED IN COMPLAINT:

CLASS ACTION DEMAND $

JURY DEMAND:

VIII. RELATED CASE(S) IF ANY (See instructions):

FOR OFFICE USE ONLY

ANGELIQUE KIDD

ST. LOUIS

BLAKE STRODE, THOMAS HARVEY, STEVE RYALS, EDWARD HALL,ARCHCITY DEFENDERS, INC., 812 N. COLLINS AVE, ST. LOUIS, MO63102, (314) 361-8834

EDDIE BOYD, III

ST. LOUIS

42 U.S.C. s.1983

Defendant arrested plaintiff without probable cause in retaliation for plaintiff speech in violation of 1st, 4th, 14th Am

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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

I.(a) Plaintiffs-Defendants.

(b) County of Residence.

(c) Attorneys.

II. Jurisdiction.

. ; NOTE: federal question actions take precedence over diversity cases.

III. Residence (citizenship) of Principal Parties.

IV. Nature of Suit.

V. Origin.

VI. Cause of Action. Do not cite jurisdictional statutes unless diversity.

VII. Requested in Complaint.

VIII. Related Cases.

Date and Attorney Signature.

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AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons

UNITED STATESDISTRICTCOURTfor the

__________ District of __________

)))))

Plaintiffv. Civil Action No.

Defendant

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS

To:(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 formalservice of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signedwaiver within 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 witha 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 servedon the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this noticeis sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district ofthe United States).

If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaintserved 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:Signature of the attorney or unrepresented party

Printed name

Address

E-mail address

Telephone number

Eastern District of Missouri

ANGELIQUE KIDD

EDDIE BOYD, III

EDDIEW BOYD, III

30

12/09/2015 /s/ Blake Strode

Blake Strode

812 N. Collins St.St. Louis, MO 63102

[email protected]

314-361-8834

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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MISSOURI

) , )

)Plaintiff, )

)v. ) Case No.

), )

) Defendant, )

)

ORIGINAL FILING FORM

THIS FORM MUST BE COMPLETED AND VERIFIED BY THE FILING PARTYWHEN 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 AND

THAT CASE WAS ASSIGNED TO THE HONORABLE . 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:Signature of Filing Party

ANGELIQUE KIDD

EDDIE BOYD, III

12/07/2015 /s/ Blake Strode

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AO 399 (01/09) Waiver of the Service of Summons

UNITED STATESDISTRICTCOURTfor the

__________ District of __________

)))))

Plaintiff

v. Civil Action No.

Defendant

WAIVER OF THE SERVICE OF SUMMONS

To:(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’sjurisdiction, 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 within60 days from , the date when this request was sent (or 90 days if it was sent outside theUnited States). If I fail to do so, a default judgment will be entered against me or the entity I represent.

Date:Signature of the attorney or unrepresented party

Printed name of party waiving service of summons 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 summonsand 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 inthe 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 hasno 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 ofa 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 plaintiffand 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.

Eastern District of Missouri

ANGELIQUE KIDD

EDDIE BOYD, III

BLAKE STRODE, ARCHCITY DEFENDERS, INC.

12/07/2015

12/07/2015

EDDIE BOYD, III

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