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. 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.}

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.}