Case Document 1 Filed in TXSD on 05/11/18 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION QUEEN OBIOMA individually as Next Friend of SHARON ABUOMA OBIOMA AND EDEN AKUAMARA OBIOMA (NIinor Children) Plaintiff, V. CIVIL ACTION NO. UNITED AIRLINES, INC. Defendant. PLAINTIFF '8 ORIGINAL COMPLAINT Plaintiff, QUEEN OBIOMA, ("Ms Obioma" or "Plaintiff'), on behalf of herself and her minor children, bring this civil rights action pursuant to 42 U.S.C. ?1981 against Defendant, UNITED AIRLINES, INC., ("United") for racial discrimination, denial of freedom and equality, negligence and for intentional in?iction of emotional distress. I. PARTIES Plaintiff, QUEEN OBIOMA is a natural person who is and has been, at all relevant times, an A?ican female and a citizen of Nigeria. Defendant UNITED AIRLINES, INC., is an entity organized and existing pursuant to the laws of the State of Texas. It is headquartered in and/or has its principal place of business in Chicago, Illinois, but availed itself of the bene?ts of doing business in Texas. It may be served with process through its registered agent, CT Corporation, at 1999 Bryan Street Suite 900, Dallas, Texas 75201-3136. 1 i" a re Case 4:18-cv-01522 Document 1 Filed in TXSD on 05/11/18 Page 2 of 11 II. JURISDICTION This court has federal question subject matter jurisdiction pursuant to 28 U.S.C 1331, 1333, as the claims averted herein arise out of civil rights violations arising under the Civil Rights Act of 1991, 42 U.S.C. 1981 and 42 U.S.C. 2000(d), which prohibits racial discrimination. This Court also has subject matter jurisdiction pursuant to U.S.C. ?1332(a)(2) because the suit is between a citizen of a u. 3. state and a citizen of a foreign state and the amount in controversy exceeds $75,000.00 excluding interest and costs. Pursuant to 28 U.S.C. 1367, this Court has supplemental jurisdiction over the state law claims in this action because they form the same case and controversy as the federal claims and arise out of the same events - United Airline's discrimination against Plaintiff in removing her and her children from United's flight. VENUE Venue is proper in this district under 28 U.S.C. ?1391(a)(2)/ ?1391(b)(2) because a substantial part of the events or omissions giving rise to this claim occurred in this district. IV. CONDITIONS PRECEDENT All conditions precedent to the institution of this lawsuit have been performed or have occurred. 6 . -1 . 2 Case Document 1 Filed in TXSD on 05/11/18 Page 3 of 11 V. STATEMENT OF FACTS On March 4, 2016, Plaintiff, Ms. Obioma, an African female from Nigeria (racial minority) and her two (2) minor children who are Star Alliance members of Defendant's airline, were passengers aboard Defendant, United Airlines? Flight 404 from Houston (IAH) to San Francisco (SFO). Their contracted itinerary schedule was for Lagos-Houston?San Francisco- Ontario. Ms. Obioma and her children arrived Houston at 5.00 am. on March 4th, 2016 and boarded ?ight 404 at 7.25 am. Plaintiffs children sat in-their allocated seats in economy class cabin. Plaintiff proceeded to take her allocated seat in the business class cabin. When Plaintiff located her assigned seat (4K), it was occupied by a white male. She politely informed the white male that he was occupying her assigned seat but he ignored her. Plaintiff called the attention of an air hostess nearby who told said white male to relocate to his seat but he re?tsed. The airhostess pleaded with plaintiff to seat in 4] instead and plaintiff accepted and sat there. As Plaintiff placed her carryon luggage in the overhead compartment, she saw the white male stand up and go into the pilot?s cabin (the cockpit). Afterwards, plaintiff used the restroom. When Plaintiff was returning from using the restroom, she saw the same white male standing in the aisle, blocking Plaintiff passage to her seat. Plaintiff said "excuse me" three times but the white male continued to block the aisle and deny plaintiff access to her seat. Plaintiff stood there for-several minutes until the white male moved and Plaintiff squeezed her way through to her seat. Ms. Obiorna had barely sat down when Defendant?s agent, Mr. Russell H. approached Plaintiff, and ordered her out of the aircraft stating that her attention was required 3 Page Case Document 1 Filed in TXSD on 05/11/18 Page 4 of 11 because someone was waiting to speak with her outside the aircraft. Ms. Obioma followed immediately as Defendant's agent led her out of the aircraft. Outside the aircraft, another male staff of Defendant informed Ms. Obioma that she would not be traveling with the aircraft. Ms. Obioma showed him her boarding pass and that was when Mr. Russell H. responded stating that the pilot personally requested that Ms. Obioma be ejected from the aircraft because the white man sitting around her in the business class cabin was not comfortable ?ying with her because she was "pungent." Ms. Obioma asked Mr. Russell H. what "pungent" meant and he answered that she smelled. At that point Ms. Obioma was lost, confused and disoriented. Her mind went blank and she was utterly befuddled. Ms. Obioma was being discriminated against because of her race and her nationality. Ms. Obioma informed United's agents that she was taking her minor children to school for the ?rst time in Ontario, Canada and that they had a connecting ?ight from San Francisco to Ontario and needed to get there in time in order to make it to their already set up appointments. Even with this knowledge, Defendant detained Plaintiff outside the aircraft and did not allow her to re-board her ticketed and contracted ?ight. Plaintiff reiterated to Defendant that her children were inside the aircraft and that they needed to catch a connecting ?ight to their destination as scheduled but Defendant still refused her entry back into the aircraft. Defendant then proceeded to remove Plaintiff's children and Plaintiff's carryon luggage, from its aircraft in front of all remaining passengers. Ms. Obioma watched her minor children matched out of the aircraft like criminals, confused and perplexed and she slumped. She sobbed uncontrollably for a long time. Despite having done nothing wrong, the United ?ight took-off without Plaintiff 4 a L. Case Document 1 Filed in TXSD on 05/11/18 Page 5 of 11 and her children. Plaintiff and her children were further delayed for ?ve (5) additional hours before they could get a ?ight. Due to this delay, plaintiff missed all scheduled appointments and had to reschedule and extend her stay, incurring additional expenses. Upon information and belief, Defendant did not observe any suspicious or concerning activity and cannot claim FAA Permissive refusal authority under section 44902(b). At no time did United believe or decide that Plaintiff was or might be inimical to safety. There are no facts supporting any threat idea. The white man passenger ?rst and then the Pilot of the aircraft simply observed that Ms. Obioma was Black, African, Nigerian, and therefore unequal to share the cabin with the white passenger and decided to remove her ?om the contracted ?ight. Defendant intentionally discriminated against Plaintiff because of her black race and Nigerian citizenship. Ms. Obioma and her children were embarrassed, humiliated, in shock, and puzzled. (1) Defendant wrong?illy singled out Ms. Obioma and her children because they were blacks and punished them publicly because a white man did not want them on the plane. A white man that refused to seat in his assigned seat even after being politely requested to take his rightfully assigned seat. A white man that obstructed the aisle to deny Plaintiff access to her seat. This harassing white passenger was not removed from the ?ight. He ?ew with the aircraft after Ms. Obioma and her minor children were deplaned. Ms. Obioma and her minor children were deprived of their contractual rights to ?y based on their purchased ticket with United Airlines, seriously inconvenienced, delayed, and forced to make alternative travel arrangements to accommodate their schedule. (11) Plaintiff contends that Defendant, through its agents intentionally racially discriminated against them by removing Ms. Obioma and her minor children from the aircraft on 5 I l3 Case 4:18-cv-01522 Document 1 Filed in TXSD on 05/11/18 Page 6 of 11 the basis of her race, color, and country of origin and prevented her from enforcing a contract in violation of42 U.S.C. ?1981. Defendant's intentional discrimination against Plaintiff resulted in Plaintiff being denied equal rights and bene?ts, exclusion, denial of freedom and equality, negligence, intentional in?iction of emotional distress, unbearable humiliation, mental anguish, and unjust treatment, Ms. Obioma and her minor children suffered trauma, stigmatization, severe mental and emotional distress, depression, embarrassment, public humiliation, damage to personal and professional reputation, anxiety, fear and apprehension associated with airports and ?ying, loss of appetite and insomnia. Ms. Obioma and her children are pressured to see their race as inferior to that of a white man. VI. OF ACTION 1. Discrimination And Denial 0] Equal Rights Under he Law - 42 U.S.C ?1981 Plaintiff hereby re-pleads, re-alleges and incorporates all previous allegations of this Complaint, as if fully set forth herein. Plaintiff is a member of a racial minority group as a black, A?ican. and a Nigerian. At all times relevant hereto, Plaintiff, despite the race, skin, and color, had the same civil right to be treated equally in making and enforcing contracts and to be subject to the same punishments, pains, penalties, as white citizens, and to no other, pursuant to 42 U.S.C. 1981. Therefore when Plaintiff contracted with United, a commercial air carrier engaged in air transportation services fer passage on Flight 404 from Houston to San Francisco, Plaintiff had equal right of performance, bene?ts, privileges, terms, and conditions of the contracts entered into. Plaintiff had the right to be treated equally and in a manner free from discrimination Case 4:18-cv-01522 Document 1 Filed in TXSD on 05/11/18 Page 7 of 11 pursuant to the Act. Ms. Obioma and her minor children's rights were violated when they were denied equal treatment in making and enforcing their contract with United airlines, and was not subject to the same punishments, pains, penalties, and exclusions. Defendant intentionally and purposefully discriminated against Plaintiff based on race when by and through United employees and agents, Ms. Obioma and her minor children were removed from the contracted ?ight on March 4, 2016 for no wrong but for ?ying while black and African. Defendant is liable for the racially charged discriminatory conduct and actions of its agents and employees. United had no legitimate reason or justi?cation to remove Plaintiff from the flight but for racial prejudice and insulted Plaintiff by stating that Ms. Obioma stank. Defendant did not observe any safety concerns with Plaintiff except for the fact that Ms. Obioma is African and was attempting to share a paid cabin with a white uncomfortable man who desired Plaintiff removed from the ?ight. 2. Discrimination And Denial Of Equal Rights Under he Law 42 US. C. 2000(d) Plaintiff hereby re-pleads, re~alleges, and incorporates all previous allegations of this Complaint, as fully set forth herein. At all times relevant hereto, Plaintiff had the right to participate and enjoy the bene?ts of federally assisted programs and not be excluded or discriminated against based on race, color, or national origin pursuant to 42 U.S.SC. 2000(d). At all times relevant hereto, United was and is a commercial air carrier receiving federal assistance as it operates according to the rules and regulations of the Federal Aviation Agency and the Department of Transportation, Department of Homeland security, and works in 7 :g-it i f4 1" Case Document 1 Filed in TXSD on 05/11/18 Page 8 of 11 compliance with various other federal agencies,. United Airlines also receives federal funds via federal subsidies and therefore is subject to 42 U.S.C. 2000(d). Defendant through and by the actions of its agents and employees violated 42 U.S.C. 2000(d) when it deprived Plaintiff the participation and bene?ts of this program. 3. Negligence Plaintiff hereby re-pleads, re-alleges, and incorporates all previous allegations of this Complaint, as if fully set forth herein. United is a commercial airline in the business of providing air transportation 'to passengers and as such, is a common carrier bound by a heightened duty of care to its passengers. Plaintiff was equally owed this duty of care as a paying, ticketed, and seated passenger of United Airlines. United Airlines racially discriminated against Plaintiff and acted negligently, breaching its duty of care to Plaintiff in the following ways: a. failing to act reasonably in providing a safe travel environment free from hostility and racial discrimination; b. failing to act with the highest care and vigilance of a cautious person in providing a safe travel environment free from hostility and racial discrimination; c. failing to establish protocols and procedures regarding co-passenger complaints; d. failing to take reasonable care in assessing, addressing, corroborating, verifying, or even simply determining the authenticity of co-passenger complaints; e. failing to act with the highest care and vigilance Of a cautious person in assessing, addressing, corroborating, verifying, or even simply determining the authenticity of co-passenger complaints; I 8 i" a g- Case 4:18-cv-01522 Document 1 Filed in TXSD on 05/11/18 Page 9 of 11 f. failing to honor contractual relationships; g. failing to treat a black, Nigerian African the same way as white speaking passengers; and 11. failing to reasonably avoid harm to passengers. 4. Intentional In?ictian of Emotional Distress Plaintiff hereby re-pleads, re?alleges, and incorporates all previous allegations of this Complaint, as if fully set forth herein. The actions of Defendant and its employees and agents in removing Plaintiff from a contracted ?ight for being black, Nigerian, and African, is arbitrary and capricious. Defendant's decision to re?ise Plaintiff passage after boarding its aircraft was solely because of her race and her nationality. Defendant UNITED AIRLINES, INC., intentionally and/or recklessly mistreated plaintiff and caused Plaintiff to suffer major depression. Defendant's conduct was extreme and outrageous and proximately caused Plaintiff severe emotional distress. Plaintiff suffered damages for which Plaintiff herein sues. VII. PUNITIVE DAMAGES Plaintiff suffered nasty, discriminatory and racially charged conduct by Defendant. Defendant acted intentionally, purposefully, and maliciously in discriminating against Plaintiff because of race. Plaintiff was singled out as persons not wanted on the aircraft because of race and color. Defendant?s action caused Plaintiff unbearable humiliation, embarrassment and mental and emotional anguish. Defendant's acts were oppressive, deSpicable, and in conscious disregard of the civil . 9 a a: Case Document 1 Filed in TXSD on 05/11/18 Page 10 of 11 rights of Plaintiff thereby warranting an award for punitive damages against Defendant to punish and make an example of them. FEES Request is made for all costs and reasonable and necessary attorney's fees incurred by or on behalf of Plaintiff herein, including all fees necessary in the event of an appeal of this, as the Court deems equitable and just, as provided by 42 U.S.C. 1988(b). JURY DEMAND Plaintiff hereby demands a jury trial on all issues, claims, actions and defenses in this case. PRAYER Wherefore, Plaintiff requests that defendant be summoned to appear and answer and that on ?nal trial, judgment be granted against defendant, awarding Plaintiff the following: a. Actual damages, b. Compensatory damages including damages for emotional distress and humiliation, c. Punitive damages, d. Pre and post judgment interest, in the maximum amount allowed by law, e. All reasonable and necessary Attorney's fees incurred by or on behalf of Plaintiff as stated in 42 U.S.C. 1988, f. All reasonable and necessary costs incurred in pursuit of this suit, and g. Such other and further legal and equitable relief to which plaintiff may be justly entitled. Case Document 1 Filed in TXSD on 05/11/18 Page 11 of 11 h. Exemplary damages in an amount commensurate with defendant?s ability and so as to defer future malicious, reckless and or intentional conduct By: Respectfully submitted, ODUNZE NWOGU LAW GROUP, P.C. A/Nwac?? Nwogu Nwadi Nwogu Texas Bar. No. 24074826 Southern District ID No. 1125432 Nwadi@onlawgroup.eom Meka Odunze Texas Bar No. 24004844 Southern district ID No. 23127 Meka.Odunze@onlawgroup.com 6000 Savoy Drive, Suite 302 Houston, Texas 77036 Tel: (713) 334-8080 Fax: (713) 334?3533 ATTORNEYS FOR PLAINTIFF '11 l" JS 44 (Rev. 06/17) Case 4:18-cv-01522 Document 1-1 Filed in TXSD on 05/11/18 Page 1 of 2 CIVIL COVER SHEET The 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 as provided 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 the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS OBIOMA, QUEEN INDIVIDUALLY & AS NEXT FRIEND OF SHARON ABUOMA OBIOMA & EDEN AKUAMARA OBIOMA(MINOR CHILDREN) (b) County of Residence of First Listed Plaintiff FOREIGN - NIGERIA UNITED AIRLINES, INC. County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: (c) Attorneys (Firm Name, Address, and Telephone Number) COOK COUNTY, ILLINOIS (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) ODUNZE NWOGU LAW GROUP, P.C. 6001 SAVOY DR. STE 302 HOUSTON, TX 77036 TEL:(713) 334-8080 FAX: (713) 334-3533 ATTYS: NWADI NWOGU AND MEKA ODUNZE II. BASIS OF JURISDICTION (Place an “X” in One Box Only) ’ 1 U.S. Government Plaintiff ’ 3 Federal Question (U.S. Government Not a Party) ’ 2 U.S. Government Defendant ’ 4 Diversity (Indicate Citizenship of Parties in Item III) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) PTF Citizen of This State ’ 1 ’ ’ ’ ’ ’ ’ 2 ’ 2 Incorporated and Principal Place of Business In Another State ’ 5 ’ 5 Citizen or Subject of a Foreign Country ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ Click here for: Nature of Suit Code Descriptions. TORTS 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property ’ ’ ’ ’ ’ ’ ’ PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education and One Box for Defendant) PTF DEF Incorporated or Principal Place ’ 4 ’ 4 of Business In This State Citizen of Another State IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT DEF ’ 1 FORFEITURE/PENALTY PERSONAL INJURY ’ 365 Personal Injury Product Liability ’ 367 Health Care/ Pharmaceutical Personal Injury Product Liability ’ 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY ’ 370 Other Fraud ’ 371 Truth in Lending ’ 380 Other Personal Property Damage ’ 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: ’ 463 Alien Detainee ’ 510 Motions to Vacate Sentence ’ 530 General ’ 535 Death Penalty Other: ’ 540 Mandamus & Other ’ 550 Civil Rights ’ 555 Prison Condition ’ 560 Civil Detainee Conditions of Confinement ’ 625 Drug Related Seizure of Property 21 USC 881 ’ 690 Other LABOR ’ 710 Fair Labor Standards Act ’ 720 Labor/Management Relations ’ 740 Railway Labor Act ’ 751 Family and Medical Leave Act ’ 790 Other Labor Litigation ’ 791 Employee Retirement Income Security Act BANKRUPTCY ’ 422 Appeal 28 USC 158 ’ 423 Withdrawal 28 USC 157 PROPERTY RIGHTS ’ 820 Copyrights ’ 830 Patent ’ 835 Patent - Abbreviated New Drug Application ’ 840 Trademark SOCIAL SECURITY ’ 861 HIA (1395ff) ’ 862 Black Lung (923) ’ 863 DIWC/DIWW (405(g)) ’ 864 SSID Title XVI ’ 865 RSI (405(g)) FEDERAL TAX SUITS ’ 870 Taxes (U.S. Plaintiff or Defendant) ’ 871 IRS—Third Party 26 USC 7609 IMMIGRATION ’ 462 Naturalization Application ’ 465 Other Immigration Actions OTHER STATUTES ’ 375 False Claims Act ’ 376 Qui Tam (31 USC 3729(a)) ’ 400 State Reapportionment ’ 410 Antitrust ’ 430 Banks and Banking ’ 450 Commerce ’ 460 Deportation ’ 470 Racketeer Influenced and Corrupt Organizations ’ 480 Consumer Credit ’ 490 Cable/Sat TV ’ 850 Securities/Commodities/ Exchange ’ 890 Other Statutory Actions ’ 891 Agricultural Acts ’ 893 Environmental Matters ’ 895 Freedom of Information Act ’ 896 Arbitration ’ 899 Administrative Procedure Act/Review or Appeal of Agency Decision ’ 950 Constitutionality of State Statutes V. ORIGIN (Place an “X” in One Box Only) ’ 1 Original Proceeding ’ 2 Removed from State Court ’ 3 ’ 6 Multidistrict Litigation Transfer (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Remanded from Appellate Court ’ 4 Reinstated or Reopened ’ 5 Transferred from Another District ’ 8 Multidistrict Litigation Direct File 42 USC SEC. 1981 VI. CAUSE OF ACTION Brief description of cause: DISCRIMINATION ACTION AGAINST AIRLINE BASED ON RACE AND COUNTRY OF ORIGIN ’ CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DATE CHECK YES only if demanded in complaint: ’ Yes ’ No JURY DEMAND: DEMAND $ DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD /S/ NWADI NWOGU 05/11/2018 FOR OFFICE USE ONLY RECEIPT # AMOUNT Print APPLYING IFP Save As... JUDGE MAG. JUDGE Reset Case 4:18-cv-01522 Document 1-1 Filed in TXSD on 05/11/18 Page 2 of 2 JS 44 Reverse (Rev. 06/17) 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 as required by law, except as provided 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 the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) (b) (c) 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. 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 the time 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 land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in 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. When the petition for removal is granted, check this box. 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 4:18-cv-01522 Document 1-2 Filed in TXSD on 05/11/18 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the SouthernDistrict Districtofof__________ Texas __________ OBIOMA, QUEEN INDIVIDUALLY & AS NEXT FRIEND OF SHARON ABUOMA OBIOMA AND EDEN AKUAMARA OBIOMA Plaintiff(s) v. UNITED AIRLINES, INC. Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 4:18-cv-01522 SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) UNITED AIRLINES, INC. C/O CT CORPORATION 1999 BRYAN STREET SUITE 900 DALLAS, TEXAS 75201-3136 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 you are 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 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: NWADI NWOGU MEKA ODUNZE ODUNZE NWOGU LAW GROUP, P.C. 6001 SAVOY DRIVE. SUITE 302 HOUSTON, TEXAS 77036 TEL: (713) 334-8080 FAX: (713) 334-3533 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 4:18-cv-01522 Document 1-2 Filed in TXSD on 05/11/18 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 4:18-cv-01522 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 $ 0.00 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: Print Save As... Reset .