Case 7:11-cv-00134-HL Document 1 Filed 09/29/11 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
CIVIL ACTION NO.

Plaintiff,
V.

JURY TRIAL DEMANDED
HAMILTON GROWERS, INC. d/b/a
SOUTHERN VALLEY FRUIT AND
VEGETABLE, INC.,

Defendant.

COMPLAINT
This is an action under Title VII of the Civil Rights Act of 1964 ("Title
VII"), as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful
employment practices on the basis of national origin and/or race and to provide
appropriate relief to Johnny Blackwell, Latoya Blackwell, Michael Blakely,
Michael Collins, Kimble Daniels, Fiona Dawson, Rickey Forrest, Terrick Grant,
Willie Harmon, Richard Jones, Joanna Lee, Johnny Moore, Sammy Myricks,
Jimmy Pasley, Courtney Ranger, Ronnie Severson, Quincy Thornton, Zandrea
Wade and Alicia Ware, and other aggrieved individuals ("class members") who

 Case 7:11-cv-00134-HL Document 1 Filed 09/29/11 Page 2 of 12

worked for Hamilton Growers, Inc. d/b/a Southern Valley Fruit and Vegetable, Inc.
(the "Defendant") in Norman Park, Georgia from January 2009 to present and who
were adversely affected by such practices. The Plaintiff alleges that Defendant
engaged in a pattern or practice of unlawful discrimination by terminating and/or
constructively discharging Americans based on national • origin. The Plaintiff
further alleges that Defendant intentionally and unlawfully terminated African
Americans based on race and/or national origin. The Plaintiff further alleges that
Defendant engaged in a pattern or practice of unlawful discrimination by placing
individuals who were born in the United States and of American national origin in
less desirable job assignments and providing fewer work opportunities on the basis
of their national origin, resulting in such persons earning less than their nonAmerican comparators. Plaintiff also alleges that Americans were subjected to
different terms and conditions of employment based on their national origin.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 451,
1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to
Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. § 2000e-5(f)(1) and (3) and 2000e-6 ("Title VII"), and Section 102 of
the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

2

 Case 7:11-cv-00134-HL Document 1 Filed 09/29/11 Page 3 of 12

2. 

The employment practices alleged to be unlawful were committed

within the jurisdiction of the United States District Court for the Southern District
of Georgia, Waycross Division.
PARTIES
3.

Plaintiff, the Equal Employment Opportunity Commission (the

"Commission"), is the agency of the United States of America charged with the
administration, interpretation and enforcement of Title VII, and is expressly
authorized to bring this action by Section 706(f)(1) and (3) and Section 707(a) of
Title VII, 42 U.S.C. § 2000e-5(f)(l) and (3), and 2000e-6(a).
4.

At all relevant times, Defendant Employer has continuously been a

corporation doing business in the state of Georgia and the city of Norman Park,
and has continuously had at least 15 employees.
5.

At all relevant times, Defendant Employer has continuously been an

employer engaged in an industry affecting commerce within the meaning of
Sections 701 (b), (g), and (h) of Title VII, 42 U.S.C. § 2000e(b), (g), and (h).
STATEMENT OF CLAIMS
6.

More than thirty days prior to the institution of this lawsuit, Johnny

Blackwell, Latoya Blackwell, Michael Blakely, Michael Collins, Kimble Daniels,
Fiona Dawson, Rickey Forrest, Terrick Grant, Willie Harmon, Richard Jones,
Joanna Lee, Johnny Moore, Sammy Myricks, Jimmy Pasley, Courtney Ranger,

3

 Case 7:11-cv-00134-HL Document 1 Filed 09/29/11 Page 4 of 12

Ronnie Severson, Quincy Thornton, Zandrea Wade and Alicia Ware ("Charging
Parties") filed charges of discrimination with the Commission alleging violations
of Title VII by Defendant Employer. All conditions precedent to the institution of
this lawsuit have been fulfilled.
Termination Based on National Ori2in
7.

Since at least January 2009, Defendant Employer has engaged in

unlawful employment practices at its Norman Park location, in violation of Section
703(a) of Title VII, 42 U.S.C. §2000e-2(a), by unlawfully subjecting a class of
American employees to a pattern or practice of discriminatory treatment by
disproportionately terminating them based on their national origin.
8.

Defendant hired approximately 114 American workers and 370

workers from Mexico ("Mexican workers") for the agricultural growing season in
AIIIIJ
9.

By June 2009, at least 58 American workers were terminated or

constructively discharged, and on information and belief, the overwhelming
majority of American workers were terminated or constructively discharged prior
to the close of the 2009 growing season.
10.

Few to none of the Mexican workers were involuntarily terminated or

constructively discharged during the 2009 growing season.

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 Case 7:11-cv-00134-HL Document 1 Filed 09/29/11 Page 5 of 12

11.

Defendant hired approximately 233 American workers and 518

Mexican workers for the agricultural growing season in 2010.
12.

Approximately 80 Americans were fired on May 21, 2010. The

Human Resources representative told them "All you Americans are fired."
13.

By June 2010, at least 220 American workers were terminated or

constructively discharged.
14.

Few to none of the 518 Mexican workers were involuntarily

terminated or constructively discharged during the 2010 growing season.
15.

The termination of American workers in 2009 and 2010 was based on

their national origin.
Termination Based on Race and /or National Origin
16.

Since at least June 2009, Defendant Employer engaged in unlawful

employment practices at its Norman Park location, in violation of Section 703(a) of
Title VII, 42 U.S.C. §2000e-2(a), by intentionally and unlawfully terminating a
group of African American (black) employees on the basis of their race.
17.

On June 1, 2009 at least sixteen African American workers were

summarily terminated, including Johnny Blackwell, Michael Blakely, Michael
Collins, Rickey Forrest, Terrick Grant, Willie Harmon, Richard Jones, Johnny
Moore, Sammy Myricks, Jimmy Pasley, Quincy Thornton, Earl Davis, Jerry Davis,
Timothy McNealy, Gary Sims and Michael Tuff.

5

 Case 7:11-cv-00134-HL Document 1 Filed 09/29/11 Page 6 of 12

18.

At the time the decision to discharge these individuals was made, the

terminating official said "All you black American people, P#k you all.. .[J]ust go
to the office and pick up your check."
19.

Willie Harmon, African American, who was not working on the day

of the June 1, 2009 mass firing, learned upon his return to work shortly thereafter
that he, too, had been terminated. He was told by one of Defendant's supervisors
that all of the African Americans had been fired.
20.

When Willie Harmon asked why he was terminated, he was told "no

specific reason" by the Human Resources representative.
21.

Richard Jones, African American, who was not present during the

termination arrived shortly thereafter and observed his African American coworkers standing in line to receive their final checks. He too was terminated and
given his final check.
22.

The termination of these sixteen individuals was based race and/or

national origin.
23: On May 9, 2009, Defendant terminated at least seven African
American (black) workers, including Fiona Dawson, Zandrea Wade, Alicia Ware,
Victoria Bigelow, Maxine Harris, Kayla McCloud and Trina Scott for the express
reason that Defendant had been required to pay them over $40.00 in make-up pay.

6

 Case 7:11-cv-00134-HL Document 1 Filed 09/29/11 Page 7 of 12

24.

Make-up pay is required when an employee performs piece-work

labor, but does not gather enough pieces to earn the equivalent of minimum wage
during the pay period. In that event, the Defendant was required to pay "make-up
pay", the difference between the amount earned and the prevailing minimum wage.
25.

Although at least fifty workers from Mexico were paid over $40.00 in

make-up pay for a pay period, none of these workers were terminated.
26.

The Defendant's articulated reason for terminating the African

American workers identified in Paragraph 23 is pretextual because not all persons
who had received more than $40.00 in make-up pay were terminated, i.e., the rule
was not applied to foreign workers.
27.

The African Americans identified in Paragraph 23 were terminated

based on their race and/or national origin.
Disp arate Terms and Conditions of Employment
28.

Since at least March 2009, Defendant Employer engaged in unlawful

employment practices at its Norman Park location, in violation of Section 703(a) of
Title VII, 42 U.S.C. §2000e-2(a), by intentionally and unlawfully subjecting
Americans to disparate terms and conditions of employment based on their
national origin and/or race (black).
29.

During the 2009 and 2010 growing and harvesting seasons, Defendant

gave American workers discriminatory job assignments which resulted in them

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 Case 7:11-cv-00134-HL Document 1 Filed 09/29/11 Page 8 of 12

earning less pay than workers from Mexico. This was done by systemically
assigning American workers to pick vegetables on a piece-work basis from rows
which had less desirable produce or already been picked by workers from Mexico.
30.

During the 2009 and 2010 growing and harvesting seasons, Defendant

engaged in a pattern and practice of giving American workers less job
opportunities than workers from Mexico. Defendant accomplished this by
habitually delaying work start times, sending American workers home and denying
them the opportunity to work at all, or ending their workday while allowing
Mexican workers to continue to work.
31.

The practices complained of in Paragraph 30 resulted in American

workers receiving less work hours and less pay than their counterparts from
Mexico..
32.

During the 2009 and 2010 growing and harvesting seasons, the

Defendant engaged in a pattern or practice of assigning Mexican workers to more
favorable job assignments in the packing shed and/or those paid on an hourly basis
while assigning American workers to field jobs paid by the piece.
33. The unlawful employment practices complained of in paragraphs 7
through 32 above were done with malice or with reckless indifference to the
federally protected rights of the Charging Parties and the American and African
American (black) class members.

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 Case 7:11-cv-00134-HL Document 1 Filed 09/29/11 Page 9 of 12

PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court:
A.

Grant a permanent injunction enjoining Defendant Employer, its

officers, agents, servants, employees, attorneys, and all persons in active concert or
participation with them, from engaging in a pattern or practice of terminating
American and African American persons based on national origin and race in its
Georgia facilities and work sites, and engaging in any other employment practice
which discriminates on the basis of national origin or race.
B.

Grant a permanent injunction enjoining Defendant Employer, its

officers, agents, servants, employees, attorneys, and all persons in active concert or
participation with them, from engaging in a pattern or practice of assigning persons
to jobs based on national origin or race in its Georgia facilities and work sites.
C.

Grant a permanent injunction enjoining Defendant Employer, its

officers, agents, servants, employees, attorneys, and all persons in active concert or
participation with them, from subjecting American and African-American
employees to disparate terms and conditions of employment based on national
origin and/or race.
D.

Order Defendant Employer, to institute and carry out policies,

practices, and programs which provide equal employment opportunities for all

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 Case 7:11-cv-00134-HL Document 1 Filed 09/29/11 Page 10 of 12

American and African-American employees, and which eradicate the effects of its
past and present unlawful employment practices.
E.

Order Defendant Employer to make whole the Charging Parties and

the class members, by providing appropriate back pay with prejudgment interest, in
amounts to be determined at trial, and other affirmative relief necessary to
eradicate the effects of its unlawful employment practices.
F.

Order Defendant Employer to make whole the Charging Parties and

the class members, by providing compensation for past and future pecuniary losses
resulting from the unlawful practices described in paragraphs 7 through 32 above,
including job search expenses, in amounts to be determined at trial.
G.

Order Defendant Employer to make whole the Charging Parties and

the class members, by providing compensation for past and future non-pecuniary
losses resulting from the unlawful employment practices complained of in
paragraphs 7 through 32 above, including emotional pain, suffering,
inconvenience, loss of enjoyment of life, and humiliation, in amounts to be
determined at trial.
H.

Order Defendant Employer to pay to the Charging Parties and the

class members punitive damages for its malicious and/or reckless conduct
described in paragraphs 7 through 32 above, in amounts to be determined at trial.

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 Case 7:11-cv-00134-HL Document 1 Filed 09/29/11 Page 11 of 12

I. 

Grant such further relief as the Court deems necessary and proper in

the public interest.
J. 

Award the Commission its costs in this action.
JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its
Complaint.
Respectfully submitted,
P. DAVID LOPEZ
General Counsel
JAMES L. LEE
Deputy General Counsel
GWENDOLYN YOUNG REEMS
Associate General Counsel

9/29/2011
Date

s/ Robert K Dawkins
ROBERT K. DAWKINS
Regional Attorney
Georgia Bar No. 076206
OTTRELL FERRELL EDWARDS
Supervisory Trial Attorney
Georgia Bar No. 141979
JAMES L. CERWINSKI
Trial Attorney
Georgia Bar No. 277846
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Atlanta District Office
11

 Case 7:11-cv-00134-HL Document 1 Filed 09/29/11 Page 12 of 12

100 Alabama Street, SW, Suite 4R30
Atlanta, Georgia 30303
Telephone: (404)562-6818
Facsimile: (404) 562-6905

12

 JS44 (Rev. 1/08 NIGA)

Case 7:11-cv-00134-HLCIVIL
Document
1-1
Filed 09/29/11 Page 1 of 2
COVER
SHEET
 

The JS44 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 hy local rules of conrt. This form is required for Meuse of the Clerk of Court for the purpose of initiation the civil docket record. (SEE INSTRUCTIONS ATTACHED)

I. (a) PLAINTIFF(S)

DEFENDANT(S)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

HAMILTON GROWERS, INC. DiB/A SOUTHERN
VALLEY FRUIT AND VEGETABLE, INC.

(b)

COUNTY OF RESIDENCE OF FIRST LISTED
PLAINTIFF_________________________

COUNTY OF RESIDENCE OF FIRST LISTED
DEFENTANT_____________________

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)
NOTE: INLAND CO]NDE]VINATION CASES, USE THE LOCATION OF THE TRACT OF
LANE INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND

ATTORNEYS (IF KNOWN)

E-MAIL ADDRESS)

Robert K. Dawkins, Regional Attorney
James L. Cerwinski, Trial Attorney
Equal Employment Opportunity Commission
100 Alabama Street, SW., Suite 4R30; Atlanta, Georgia 30303
(404) 562-6818 (404) 562-6986
robert.dawkinseeoc.gov james.cerwinskieeoc.gov

II. BASIS OF JURISDICTION
 

 

III. CITIZENSHIP OF PRINCIPAL PARTIES

(PLACE AN "X" IN ONE BOX ONLY)

ELF 

Dl

fl

U.S. GOVERNMENT 
PLAINTIFF 

2 U.S.
GOVERNMENT 
DEFENDANT
 

3 FEDERAL QUESTION
(U.S. GOVERNMENT NOT A PARTY)

(PLACE AN "X" IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)
 
DEF
ELF 
DEF

1 

1 CITIZEN OF THIS STATE

fl

4 DIVERSITY
(INDICATE
IN ITEM III)
3 

2 CITIZEN OF ANOTHER STATE
3 CITIZENORSTJBJECTOFA
FOREIGN COUNTRY 

4 INCORPORATED OR PRINCIPAL
PLACE OF BUSINESS IN THIS STJ

'I 

E

AND PRINCIPAL
PLACE OF BUSINESS INANOTHER
STATE

5

fl

5 INCORPORATED

6

0

6 FOREIGN NATION

IV. ORIGIN (PLACE AN "X "IN ONE BOX ONLY)
1 ORIGINAL 
PROCEEDING 

2 REMOVED FROM 
STATE COURT 

3 REMANDED FROM 
APPELLATE COURT 

4 REINSTATED OR 
REOPENED 

TRANSFERRED FROMAPPEAL TO DISTRICT JUDGE
5 ANOTHER DISTRICT 
6 ]VmLTIDISTRICT 
7 FROM MAGISTRATE JUDGE
(Specify District) 
LITIGATION 
JUDGMENT

V. CAUSE OF ACT ION JURISDICTIONAL
(CITE THE U.S. CIVIL STATUTE TINDER WHICH YOU ARE FILINGA]ND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
STATUTES UNLESS DIVERSITY)
Title VII. Discrimination in employment on the basis of national origin and/or race.

(IF COMPLEX, CHECK REASON BELOW)

C 1. Unusually large number of parties.
E 2. Unusually large number of claims or defenses.
3. Factual issues are exceptionally complex

E 4. Greater than normal volume of evidence.
C 5. Extended discovery period is needed.

0 6. Problems locating or preserving evidence
0 7. Pending parallel investigations or actions by government.
o 8. Multiple use of experts.

[J 9. Need for discovery outside United States boundaries.
E] 10. Existence of highly technical issues and proof
CONTINUED ON REVERSE

 Document 1-1 Filed 09/29/11 Page 2 of 2
VI. NATURE OFCase
SUIT7:11-cv-00134-HL
(PLACEAN"X"INO]NEBOXONLY)
CONTRACT -"0" MONTHS DISCOVERY TRACK'
150 RECOVERY OF OVERPAYME]NT &
ENFORCEMENT OF JUDGMENT
152 RECOVERY OF DEFATThTED STTJDE]NT
LOANS (Excl. Veterans)
153 RECOVERY OF OVERPAYME]NT OF
VETERANS BENEFITS
CONTRACT -"4" MONTHS DISCOVERY TRACK
110 INSURANCE
120 MARINE
130 MILLER ACT
140 NEGOTIABLE INSTRUME]NT
151 MEDICARE ACT
160 STOCKHOLDERS SUITS
190 OTHER CONTRACT
195 CONTRACT PRODUCT LIABILITY
196 FRANCHISE
REAL PROPERTY -"4" MONTHS DISCOVERY
TRACK
210 LANE CONDEMNATION
220 FORECLOSURE
230 RENT LEASE & EJECTMENT
240 TORTS TO LANE
245 TORT PRODUCT LIABILITY
290 ALL OTHER REAL PROPERTY
TORTS -PERSONAL INJURY -"4" MONTHS
DISCOVERY TRACK
310 AIRPLANE
315 AIRPLANE PRODUCT LIABILITY
32OASSATThT, LIBEL &SLA]NDER
330 FEDERAL EMPLOYERS LIABILITY
340 MARINE
345 MARINE PRODUCT LIABILITY
350 MOTOR VEmCLE
355 MOTOR VEHICLE PRODUCT LIABILITY
360 OTHER PERSONAL INJURY
362 PERSONAL INJURY - MEDICAL
MALPRACTICE
365 PERSONAL INJURY - PRODUCT LIABILITY
R 368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY

S

TORTS -PERSONAL PROPERTY -"4" MONTHS
DISCOVERY TRACK
370 OTHER FRAUD
371 TRTJ]7H IN LE]NDING
380 OTHER PERSONAL PROPERTY DAMAGE
385 PROPERTY DAMAGE PRODUCT LIABILITY
BANKRUPTCY -"0" MONTHS DISCOVERY
TRACK
422 APPEAL 28 USC 158
EM 423 WITHDRAWAL 28 US C 157

CIVIL RIGHTS -"4" MONTHS DISCOVERY TRACK

C

,

B2 EMPLOYMENT
443 HOUSING! ACCOMMODATIONS
444 WELFARE
SS 440 OTHER CIVIL RIGHTS
C B5 AMERICANS iith DISABILITIES - Employment
446 AMERICANS iith DISABILITIES - Other

SOCIAL SECURITY -"0" MONTHS DISCOVERY
TRACK
861
u39sfr)
862 BLACK LUNG (923)
863 DIWC (405(g))
863 DIWW (405(gD
8645511) TITLE XVI
R 865 RSI (405(g))

FDA

IMMIGRATION- "0" MONTHS DISCOVERY TRACK 
C 462 NATURALIZATION APPLICATION 
C 4631IABEAS CORPUS-AlienDetainee  
C 465 OTHER IMMIGRATION ACTIONS 

FEDERAL TAX SUITS- "4" MONTHS DISCOVERY
TRACK
870TAXES (U.S. Plaintiff orDefendant)
871 IRS - TH[RD PARTY 26 USC 7(W

PRISONER PETITIONS -"0" MONTHS DISCOVERY
TRACK
510 MOTIONS TO VACATE SENTENCE
530 HABEAS CORPUS
535 HABEAS CORPUS DEATH PENALTY
540 MANDAMUS & OTHER
550 CIVILRIGHTS - Filed Prose
555 PRISON CONDITION(S) - Filed Prose

OTHER STATUTES - "4" MONTHS DISCOVERY
TRACK
400 STATE REAPPORTIONMENT
AND BANKING
430 BANKS
E 450 COMIVIERCEJTCC RATESJETC.
460 DEPORTATION
470 RACKETEER INFLUENCED AND CORRUF]7
ORGANIZATIONS
480 CONSUMER CREDIT
490
CABLE/SATELLITE
TV
R
810 SELECTIVE SERVICE
F i 875 CUSTOMER CHALLENGE 12 USC 3410
891 AGRICULTURAL ACTS
892 ECONOMIC STABILIZATION ACT
893 ENVIRONMENTAL MATTERS
894 ENERGY ALLOCATION ACT

PRISONER PETITIONS -"4" MONTHS DISCOVERY
TRACK
550 CIVIL mGHTS - Filed by Counsel
PmSON CO]NDITION(S) - Filed by Counsel
C 
FORFEITURE/PENALTY -"4" MONTHS DISCOVERY
TRACK
=610AGRICULTURE
620 FOOD &DRUG
S 625 DRUG RELATED SEIZURE OF PROPERTY
21 USC 881
EM 630 LIQUOR LAWS

C
EM 650 AIRLINE REGS.
C 660 OCCUPATIONAL SAFETY! HEALTH
EM 690 OTHER

C
C

-

C 900 APPEAL OF FEE DETERMINATION UNDER

C
C

EQUAL ACCESS TO JUSTICE
950 CONSTITUTIONALITY OF STATE STATUTES
890 OTHER STATUTORY ACTIONS

OTHER STATUTES - "S" MONTHS DISCOVERY
TRACK
410ANTITRUST
850 SECURITIES / COMMODITIES / EXCHANGE

C
C

LABOR- "4" MONTHS DISCOVERY TRACK
C 710 FAIR LABOR STANDARDS ACT
720 LABOR/MGMT. RELATIONS
S 730 LABOR/MGMT. REPORTING & DISCLOSU}
ACT
EM 740 RAILWAY LABOR ACT
EM 790 OTHER LABOR LITIGATION
EM 791 EMPL. RET. INC. SECURITY ACT
PROPERTY RIGHTS -"4" MONTHS DISCOVERY
TRACK
820 COPYRIGHTS
C 840 TRADEMARK
PROPERTY RIGHTS -"8" MONTHS DISCOVERY
TRACK
83O PATENT

OTHER STATUTES - "0" MONTHS DISCOVERY
TRACK
ARBITRATION (Confinn / Vacate / Order / Modify)

C

(Note: Mark underlying Nature of Suit as well)

* PLEASE NOTE DISCOVERY
TRACK FOR EACH CASE TYPE.
SEE LOCAL RULE 26.3

VII. REQUESTED IN COMPLAINT:
CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 DEMAND
JURY DEMAND

D

YES [1

NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)

VIII. RELATED/REFILED CASE(S) IF ANY
JUDGE

  NO.__________________

CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)

D
C 2.
C 3.
C 4.

1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):

C.
0
C

7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO. 
DISMISSED. This
NOT (check one box) SUBSTANTIALLY THE SAME CASE.

case CIS CIS

Robert K. Dawkins 

9/29/11

SIGNATURE OF ATTORNEY OF RECORD  

DATE

,WHICH WAS