Form 2B:2 Parties & Service

A. Parties

1. Plaintiff, {name}, is {identify the capacity in which plaintiff sues, e.g., an individual, a corporation, a partnership} that is {a citizen/organized under the laws} of the State of {state}. {See O'Connor's Federal Rules, "Parties," ch. 2-B, §2, p. 59.}

{CHOOSE APPROPRIATE PARAGRAPH 2}

2. Defendant, {name}, an individual and a citizen of the State of {state}, may be served with process at {address}. {Fed. R. Civ. P. 4(e); see O'Connor's Federal Rules, "Individual defendants," ch. 2-H, §5.1, p. 125.}

2. Defendant, {name}, is the representative of {name}, {a minor/an incompetent person} who is a citizen of the State of {name of state where the minor or incompetent person, not the representative, is a citizen}. Defendant may be served with process at {address}. {Fed. R. Civ. P. 4(g); see O'Connor's Federal Rules, "Minor or incompetent defendant," ch. 2-H, §5.3, p. 127.}

2. Defendant, {name}, is a corporation that is incorporated under the laws of the State of {name of state where suit is filed}. Defendant has its principal place of business in the State of {name of state where suit is filed}. Defendant may be served with process by serving its registered agent, {name}, at {address}. {Fed. R. Civ. P. 4(h)(1)(B); see O'Connor's Federal Rules, "Business defendants," ch. 2-H, §5.2, p. 126.}

2. Defendant, {name}, is a corporation that is incorporated under the laws of the State of {name of state other than state where suit is filed}. Defendant has its principal place of business in the State of {name of state other than state where suit is filed}. Defendant does not have a registered agent for service of process in the State of {name of state where suit is filed}. Service of process on defendant may be made according to the laws of the State of {name ofstate where suit is filed} by serving {identify person to be served under state laws for service when corporation does not have registered agent, which is often the Secretary of State}. {Fed. R. Civ. P. 4(h)(1)(A); see O'Connor's Federal Rules, "Business defendants," ch. 2-H, §5.2, p. 126.}

2. Defendant, {name}, is a partnership whose business address is {address}. Its partners are {list each partner's name and state of citizenship}. Defendant may be served at {address}. {Fed. R. Civ. P. 4(h)(1)(B); see O'Connor's Federal Rules, "Business defendants," ch. 2-H, §5.2, p. 126.}

2. Defendant, the United States of America, may be served by delivering a copy of the summons and of the complaint to the United States Attorney for the {identify district where suit is brought} and by sending a copy of the summons and of the complaint by {registered/certified} mail to the Attorney General of the United States {add if applicable: and also to the officer or agency whose action is attacked in this suit but who is not made a party to this suit}. {See Fed. R. Civ. P. 4(i)(1); O'Connor's Federal Rules, "U.S. government as defendant," ch. 2-H, §5.5, p. 127.}

2. Defendant, the United States of America, may be served by sending a certified copy of the summons and of the complaint by {registered/certified} mail to the civil-process clerk at the United States Attorney's office and to the Attorney General of the United States {insert if applicable: and to the officer or agency whose action is attacked in this suit but who is not made a party to this suit}. {See Fed. R. Civ. P. 4(i)(1); O'Connor's Federal Rules, "U.S. government as defendant," ch. 2-H, §5.5, p. 127.}

2. Defendant, {name}, {an agency/a corporation/an officer/an employee} of the United States of America {add if officer or employee: sued in {his/her} official capacity}, may be served by serving the United States through delivering a copy of the summons and of the complaint to the United States Attorney for the {identify district where suit is brought} and by sending a copy of the summons and of the complaint by {registered/certified} mail to the Attorney General of the United States and to defendant. {See Fed. R. Civ. 4(i)(1), (2); O'Connor's Federal Rules, "U.S. government as defendant," ch. 2-H, §5.5, p. 127.}

2. Defendant, {name}, {an agency/a corporation/an officer/an employee} of the United States of America {add if officer or employee: sued in {his/her} official capacity}, may be served by sending a copy of the summons and of the complaint by {registered/certified} mail to the civil-process clerk at the United States Attorney's office, to the Attorney General of the United States, and to defendant. {See Fed. R. Civ. 4(i)(1), (2); O'Connor's Federal Rules, "U.S. government as defendant," ch. 2-H, §5.5, p. 127.}

2. Defendant, {name}, an {officer/employee} of the United States of America sued in {his/her} individual capacity, may be served by serving the United States through delivering a copy of the summons and of the complaint to the United States Attorney for the {identify district where suit is brought}; by sending a copy of the summons and of the complaint by {registered/certified} mail to the Attorney General of the United States; and by serving defendant by {describe method of service authorized by Fed. R. Civ. P. 4(e), (f), or (g)}. {See Fed. R. Civ. P. 4(i)(1), (3); O'Connor's Federal Rules, "U.S. government as defendant," ch. 2-H, §5.5, p. 127.}

2. Defendant, {name}, an {officer/employee} of the United States of America sued in {his/her} individual capacity, may be served by sending a certified copy of the summons and of the complaint by {registered/certified} mail to the civil-process clerk at the United States Attorney's office and to the Attorney General of the United States and by serving defendant by {describe method of service authorized by Fed. R. Civ. P. 4(e), (f), or (g)}. {See Fed. R. Civ. P. 4(i)(1), (3); O'Connor's Federal Rules, "U.S. government as defendant," ch. 2-H, §5.5, p. 127.}

2. Defendant, {name}, a foreign state, may be served by {describe method of service authorized by 28 U.S.C. §1608(a)}. {See Fed. R. Civ. P. 4(j)(1); O'Connor's Federal Rules, "Foreign state," ch. 2-H, §6.6.1, p. 133.}

2. Defendant, {name}, an agency or instrumentality of a foreign state, may be served by {describe method of service authorized by 28 U.S.C. §1608(b)}. {SeeFed. R. Civ. P. 4(j)(1); O'Connor's Federal Rules, "Instrumentality of foreign state," ch. 2-H, §6.6.2, p. 134.}

2. Defendant, {name}, a {state/municipal corporation/governmental organization of a state or municipal corporation}, may be served by {delivering a copy of the summons and of the complaint to the chief executive officer/{describe method of service authorized by state law}}. {See Fed. R. Civ. P. 4(j)(2); O'Connor's Federal Rules, "State or local government," ch. 2-H, §5.4, p. 127.}

B. Jurisdiction

{CHOOSE APPROPRIATE PARAGRAPH 3}

{Federal-question jurisdiction}

3. The court has jurisdiction over the lawsuit because the suit arises under {Article ___, Section ___, of/Amendment ___, Section ___, to} the U.S. Constitution. {Identify facts supporting jurisdictional allegations.} {See O'Connor's Federal Rules, "Authority," ch. 2-F, §2.1, p. 91.}

3. The court has jurisdiction over the lawsuit because the suit arises under {identify applicable federal statute, e.g., 28 U.S.C. §1333}. {Identify facts supporting jurisdictional allegations.} {See O'Connor's Federal Rules, "Allegations in complaint," ch. 2-B, §3.1, p. 62; "Grounds for federal-question jurisdiction," ch. 2-F, §2.3, p. 92.}

3. The court has jurisdiction over the lawsuit because the suit arises under a treaty of the United States, specifically {identify applicable treaty}. {Identify facts supporting jurisdictional allegations.}

{Diversity jurisdiction}

3. The court has jurisdiction over the lawsuit under 28 U.S.C. §1332(a)(1) because the {plaintiff/plaintiffs} and the {defendant/defendants} are citizens of different states and the amount in controversy exceeds $75,000, excluding interest and costs. {Identify facts supporting jurisdictional allegations.} {See O'Connor's Federal Rules, "Diversity jurisdiction," ch. 2-B, §3.1.2, p. 62; "Diversity Jurisdiction," ch. 2-F, §3, p. 95.}

3. The court has jurisdiction over the lawsuit under 28 U.S.C. §1332(a)(2) because the suit is between {a citizen/citizens} of a state and {a citizen/citizens/a subject/subjects} of a foreign state and the amount in controversy exceeds $75,000, excluding interest and costs. {Identify facts supporting jurisdictional allegations.} {See O'Connor's Federal Rules, "Diversity jurisdiction," ch. 2-B, §3.1.2, p. 62; "Alienage Jurisdiction," ch. 2-F, §4, p. 103.}

3. The court has jurisdiction over the lawsuit under 28 U.S.C. §1332(a)(3) because the suit is between citizens of different states, {a citizen/citizens/a subject/subjects} of a foreign state {is an additional party/are additional parties}, and the amount in controversy exceeds $75,000, excluding interest and costs. {Identify facts supporting jurisdictional allegations.} {See O'Connor's Federal Rules, "Diversity jurisdiction," ch. 2-B, §3.1.2, p. 62; "Diversity Jurisdiction," ch. 2-F, §3, p. 95.}

3. The court has jurisdiction over the lawsuit under 28 U.S.C. §1332(a)(4) because the plaintiff is a foreign state as defined by 28 U.S.C. §1603(a), the {defendant is a citizen of a state/defendants are citizens of a state/defendants are citizens of different states}, and the amount in controversy exceeds $75,000, excluding interest and costs. {Identify facts supporting jurisdictional allegations.} {See O'Connor's Federal Rules, "Diversity jurisdiction," ch. 2-B, §3.1.2, p. 62; "Diversity Jurisdiction," ch. 2-F, §3, p. 95.}

{Multiparty jurisdiction}

3. The court has jurisdiction over the lawsuit under 28 U.S.C. §1332(d), the Class Action Fairness Act, because the suit is a {class/mass} action, the parties are minimally diverse, and the amount in controversy exceeds $5 million, excluding interest and costs. {Identify facts supporting jurisdictional allegations.} {See O'Connor's Federal Rules, "Multiparty jurisdiction," ch. 2-B, §3.1.4, p. 62; "Multiparty Jurisdiction," ch. 2-F, §5, p. 104.}

{Supplemental jurisdiction}

3. The court has supplemental jurisdiction under 28 U.S.C. §1367 over plaintiff's claims {of/against} {identify claims or parties} because plaintiff's claims are so related to the claims within the court's original jurisdiction that they form part of the same case or controversy under Article 3 of the U.S. Constitution. {Identify facts supporting jurisdictional allegations.} {See O'Connor's Federal Rules, "Supplemental jurisdiction," ch. 2-B, §3.1.5, p. 62; "Supplemental Jurisdiction," ch. 2-F, §6, p. 108.}

C. Venue

4. {For statement of venue, see FORM 2B:4.} {SeeO'Connor's Federal Rules, "Venue," ch. 2-B, §4, p. 62; "Choosing the Court-Venue," ch. 2-G, p. 116.}

D-1 Statement of Case

D. Conditions Precedent

5. All conditions precedent have been performed or have occurred. {See Fed. R. Civ. P. 9(c); O'Connor's Federal Rules, "Conditions Precedent," ch. 2-B, §9, p. 66.}

E. Facts

6. {State the facts underlying the lawsuit.} {See O'Connor's Federal Rules, "Factual allegations," ch. 2-B, §5.1, p. 63.}

Claims

F. Count 1 - {Identify claim, e.g., Breach of Contract}

7. {State facts supporting each element of the claim.}

G. Count 2 - {Identify claim, e.g., Negligence}

8. {State facts supporting each element of the claim.}

H. Damages

9. As a direct and proximate result of defendant's conduct, plaintiff suffered the following injuries and damages:

{CHOOSE APPROPRIATE ELEMENTS OF DAMAGES}

a. Medical expenses in the past and future.

b. Property damage.

c. Physical pain and mental anguish in the past and future.

d. Lost earnings.

e. Lost profits.

f. Loss of earning capacity.

g. {Identify any other element of damages, e.g., loss of consortium, disfigurement in the past and future, statutory damages.}

{ADD SECTION I IF APPROPRIATE}

I. Attorney Fees & Costs

10. Plaintiff is entitled to an award of attorney fees and costs under {identify statute or rule permitting recovery of attorney fees and costs}. {See O'Connor's Federal Rules, "Attorney Fees," ch. 2-B, §7, p. 66.}

J. Prayer

11. For these reasons, plaintiff asks for judgment against defendant for the following:

a. Actual damages of ${amount}. {See O'Connor's Federal Rules, "General damages," ch. 2-B, §6.1, p. 65.}

b. Prejudgment and postjudgment interest. {See O'Connor's Federal Rules, "Interest," ch. 2-B, §6.4, p. 65.}

c. ${Amount} for reasonable attorney fees. {See O'Connor's Federal Rules, "Attorney Fees," ch. 2-B, §7, p. 66.}

d. {Identify any other type of relief sought, e.g., ${amount} as punitive damages.} {See O'Connor's Federal Rules, "Punitive damages," ch. 2-B, §6.3, p. 65.}

e. Costs of suit. {See O'Connor's Federal Rules, "Costs," ch. 2-B, §6.5, p. 65.}

f. All other relief the court deems appropriate. {See O'Connor's Federal Rules, "Other Relief," ch. 2-B, §8, p. 66.}