Case 1:18-cv-03934-RLY-DML Document 1 Filed 12/14/18 Page 1 of 12 PageID #: 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JEFFREY A. WILLY,
Plaintiff,

Case No. 1:18-cv-03934

v.
ELI LILLY AND COMPANY,
Defendant.
COMPLAINT AND JURY DEMAND
Come now Plaintiffs, Jeffrey A. Willy, Ph.D. (“Mr. Willy” and “Plaintiff”), by
counsel, for his cause of action against Defendant Eli Lilly and Company (“Eli Lilly”
and “Defendant”), alleges and states as follows:
Jurisdiction and Venue
1.

This Action is brought pursuant to Title VII of the Civil Rights Act of

1964, as amended (42 U.S.C. § 2000e – 2000e-17) (“Title VII”), and for equal rights
under Section 102 of the Civil Rights Act of 1991 (42 U.S.C. § 1981a).
2.

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331 and

1343(a).
3.

At all times relevant to this action, Mr. Willy resided in and worked

within the Southern District of Indiana.
4.

Eli Lilly is a domestic corporation that does business within the

Southern District of Indiana.

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Parties
5.

The Plaintiff is Jeffrey A. Willy is a citizen of the United States and

resides at 3695 Caminito Carmel Lndg., San Diego, CA 92130.
6.

At all relevant times, Mr. Willy was an “employee” within the meaning

of Title VII.
7.

The Defendant Eli Lilly and Company is a Domestic For-Profit

Corporation with a principal office located at Lilly Corporate Center, Indianapolis,
IN 46285 doing business in Indiana.
8.

The alleged discriminatory and retaliatory practices occurred in

Indianapolis, Indiana.
9.

At all relevant times, Eli Lilly was an “employer” within the meaning

of Title VII.
Administrative Procedures
10.

On or about July 25, 2018, Mr. Willy timely filed his charge of gender,

gender stereotype, and sexual orientation discrimination/hostile work environment
and retaliation against Eli Lilly with the Indianapolis District Office of the Equal
Opportunity Commission (the “EEOC”).
11.

On or about September 19, 2018, the EEOC issued Mr. Willy’s

Dismissal and Notice of Rights, which was received September 21, 2018. A copy of
the Dismissal Notice of Rights are attached hereto as Exhibit 1.
12.

This civil action is being initiated within ninety (90) days of Mr. Willy’s

receipt of the EEOC Dismissal and Notice of Rights.

2

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Factual Allegations
13.

Jeffrey A. Willy is a man.

He is a private person.

His sexual

orientation is homosexual.
14.

Mr. Willy received his Bachelor of Science Degree in Molecular

Genetics from the University of Rochester in 2006.
15.

Mr. Willy received his Master’s of Science Degree in Biology in 2010

from Purdue University.
16.

Mr. Willy received his Doctor of Philosophy (Ph.D.), in Biochemistry

and Molecular Biology, in 2016 from the Indiana University School of Medicine.
17.

Mr. Willy began working for Eli Lilly in November of 2007 as a

Toxicologist.
18.

Mr. Willy was promoted to a Senior Toxicologist in March 2012.

19.

Mr. Willy was promoted to a Consultant Toxicologist in March 2016.

20.

Mr. Willy was converted to a Research Scientist in October 2016.

21.

Mr. Willy was constructively terminated from Eli Lilly and Company

in September 2018 due to ongoing harassment, discrimination, and retaliation
among other things.
22.

In his time at Eli Lilly and Company, Mr. Willy has received more

than 20 certificates (a/k/a inspire points and/or spotlight points) recognizing the
excellence in his performance.

3

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23.

Since his first week of employment, Mr. Willy endured harassment, a

hostile work environment, and discrimination based on his gender, gender
stereotypes, and sexual orientation.
24.

Among other things, in 2007, he was told that his co-worker was glad

the he was hired, because they were considering another individual who was
homosexual and that other individual would not have fit in.
25.

In approximately 2009, Mr. Willy’s supervisor told him directly, “I hate

fags. Well, not all fags, just the flamboyant ones.”
26.

In approximately 2009, Mr. Willy filled out a company-wide survey

that was alleged to be confidential that included questions regarding sexual
orientation and age.
27.

In said “confidential” survey, Mr. Willy indicated, among other things,

that his supervisor needed to work on the areas of communication skills and
diversity.
28.

Later in approximately 2009, during Mr. Willy’s end of the year

review, his supervisor quoted his responses from the “confidential” survey during
his end of the year review and he received a low ranking and raise.
29.

In 2017, Mr. Willy was waiting for an attendant to finish cleaning the

men’s bathroom when Mr. Willy was approached by a co-worker who told him,
“Well, just use the women’s room, if all the weirdo transgenders are using whatever
restroom they want to, the rest of us might as well.”

4

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30.

Plaintiff reported these behaviors and actions to supervisors,

managers, directors, and human resources.
31.

These reports had no deterrence effect on the harassment and

discrimination, and resulted in retaliation by superiors.
32.

Further actions and threats were undertaken to deter further

reporting of harassment and discrimination.
33.

Plaintiff was denied compensation, promotions, lab support, work

opportunities and other benefits of monetary value due to the harassment,
discrimination, and the reporting of said actions.
34.

In the fall of 2017, Anja Stauber, the superior of Mr. Willy at the time,

was made aware of Mr. Willy’s sexual orientation.
35.

Since said disclosure, Mr. Willy was treated differently than his peers

of similarly situated positions with different sexual orientations that also report to
Stauber.
36.

In March of 2018, Plaintiff reported harassment and discrimination to

the Eli Lilly Human Resources Department.
37.

As a result of this report and subsequent investigation among other

things, Plaintiff received significant retaliation from Eli Lilly that led to being
blocked from attendance and speaking opportunities at conferences, raises,
promotions, and other compensation like those similarly situated to Plaintiff with
different sexual orientations.

5

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38.

Plaintiff had been informed several times that he needed to “earn the

trust” back from his superiors after reporting the harassment and discrimination to
Human Resources.
39.

After Mr. Willy’s superiors were informed of the complaint made to

Human Resources, Plaintiff’s employment reviews were altered and subsequent
reviews were completed with negative marks despite the consistent history of
excellence in his field that Mr. Willy exhibited for years.
40.

On May 1, 2018, Mr. Willy’s superior, Anja Stauber (“Ms. Stauber”),

set key deliverables that were originally requested on March 11, 2018.
41.

On May 1, 2018, Ms. Stauber recommended Mr. Willy decline a

speaking engagement that would have allowed Mr. Willy to strengthen a business
relationship with a collaborator.
42.

On several occasions, Mr. Willy was left out of key meetings, as was

known by Ms. Stauber.
43.

On May 4, 2018 and May 19, 2018, Mr. Willy contacted Human

Resources with no response.
44.

Since Mr. Willy reported his concerns to Human Resources, Ms.

Stauber increased one-on-one meetings which were hostile and intimidating in
nature.
45.

Mr. Willy notified Human Resources of the hostility and intimidating

nature of the one-on-ones and made requests for an advocate at such meetings, and
said requests were ignored.

6

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46.

Eli Lilly and Company’s decision not to promote or treat Mr. Willy in

the same manner as employees similarly situated of a different sexual orientation
was motivated by Plaintiff’s sex and sexual orientation. Eli Lilly and Company did
not take adverse action against men who were attracted to, dating, or living with
women. Defendant disadvantaged Plaintiff because he did not conform to gender
stereotypes and norms about men, was treated less favorably than women who were
attracted to men, and he has experienced “paradigmatic sex discrimination” under
Title VII.
47.

As a result of Eli Lilly and Company’s harassing and discriminatory

actions, Plaintiff was constructively discharged and left his position to take a new
position with a different company, which resulted in the surrender of a significant
potential value of a pension.
COUNT I
(Title VII - Hostile Work Environment, 42 U.S.C. §2000(e), et. seq.)
48.

Plaintiff hereby incorporates rhetorical paragraphs 1 through 47 of his

Complaint as if fully set forth herein.
49.

Mr. Willy was subjected to a hostile work environment.

50.

The hostile work environment was discriminatory in nature due to Mr.

Willy’s protected class, severe, pervasive, and unwelcome.
51.

Defendant’s actions violated Title VII of the Civil Rights Act of 1964,

42 U.S.C. § 2000e et. seq.

7

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52.

Defendant’s conduct was deliberate, willful, and in reckless disregard

for Mr. Willy’s civil rights.
53.

Mr. Willy has suffered damages as a result of Defendant’s unlawful

conduct.
COUNT II
(Title VII – Gender Discrimination, 42 U.S.C. §2000(e), et. seq.)
54.

Plaintiff hereby incorporates rhetorical paragraphs 1 through 53 of his

Complaint as if fully set forth herein.
55.

Mr. Willy was subjected to harassment, discrimination, less favorable

terms, conditions and different job assignments in his employment with the
Defendant because of his gender.
56.

Defendant’s actions violated Title VII of the Civil Rights Act of 1964,

42 U.S.C. § 2000e et. seq.
57.

Defendant’s conduct was deliberate, willful, and in reckless disregard

for Mr. Willy’s civil rights.
58.

Mr. Willy has suffered damages as a result of Defendant’s unlawful

conduct.
COUNT III
(Title VII – Gender Stereotype Discrimination, 42 U.S.C. §2000(e), et. seq.)
59.

Plaintiff hereby incorporates rhetorical paragraphs 1 through 58 of his

Complaint as if fully set forth herein.

8

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60.

Mr. Willy was subjected to harassment, abuse, discrimination, was

forced to work in a hostile work environment and faced adverse employment actions
because of animus toward Mr. Willy’s exhibition of behavior considered to be
stereotypically inappropriate for men.
61.

The animus was condoned and allowed to continue by ignoring the

actions undertaken by employees of Eli Lilly, and the refusal to issue corrective
actions upon reporting, and instead punishing Mr. Willy.
62.

Defendant’s actions violated Title VII of the Civil Rights Act of 1964,

42 U.S.C. § 2000e et. seq.
63.

Defendant’s conduct was deliberate, willful, and in reckless disregard

for Mr. Willy’s civil rights.
64.

Mr. Willy has suffered damages as a result of Defendant’s unlawful

conduct.
COUNT IV
(Title VII – Sexual Orientation Discrimination, 42 U.S.C. §2000(e), et. seq.)
65.

Plaintiff hereby incorporates rhetorical paragraphs 1 through 64 of his

Complaint as if fully set forth herein.
66.

Mr. Willy was subjected to harassment, discrimination, less favorable

terms, conditions and different job assignments in his employment with the
Defendant because of his sexual orientation.
67.

Defendant’s actions violated Title VII of the Civil Rights Act of 1964,

42 U.S.C. § 2000e et. seq.

9

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68.

Defendant’s conduct was deliberate, willful, and in reckless disregard

for Mr. Willy’s civil rights.
69.

Mr. Willy has suffered damages as a result of Defendant’s unlawful

conduct.
COUNT V
(Title VII – Retaliation/Failure to Investigate/Constructive Discharge, 42
U.S.C. §2000(e), et. seq.)
70.

Plaintiff hereby incorporates rhetorical paragraphs 1 through 69 of his

Complaint as if fully set forth herein.
71.

Mr. Willy was subjected to less favorable terms, conditions and

different job assignments in his employment with the Defendant because of his
reporting of harassment, a hostile work environment, and discrimination and was
constructively discharged.
72.

Eli Lilly knowingly and intentionally refused to adequately and

sufficiently investigate Mr. Willy’s complaints.
73.

Defendant’s actions violated Title VII of the Civil Rights Act of 1964,

42 U.S.C. § 2000e et. seq.
74.

Defendant’s conduct was deliberate, willful, and in reckless disregard

for Mr. Willy’s civil rights.
75.

Mr. Willy has suffered damages as a result of Defendant’s unlawful

conduct.

10

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RELIEF REQUESTED
Each of the above counts constitutes a separate violation of 42 U.S.C. §
2000e, et seq. For each of these violations, Jeffrey A. Willy seeks to recover the
following:
1.

compensatory damages in an amount to be determined by a jury;

2.

punitive damages in an amount to be determined by a jury;

3.

reasonable expenses, including but not limited to attorney fees pursuant
to 42 U.S.C. § 2000e, et seq.; and

4.

any further relief that may be appropriate.
Respectfully submitted,
TATE & BOWEN LLP
/s/ Brandon E. Tate
Brandon E. Tate (#31531-49)
TATE & BOWEN LLP
156 East Market Street, Suite 300
Indianapolis, IN 46204
317.296.5294
Fax: 317.423.0772
brandon.tate@tatebowenlaw.com
Tarah M. Baldwin (#32317-49)
BALDWIN MAPLES & WILLIAMS, LLC
6856 N Keystone Avenue
Indianapolis, IN 46220
317.871.1948
Fax: 317.203.7483
tarah@bmw.law

11

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JURY DEMAND
Pursuant to Federal Rules of Civil Procedure Rule 38(B), Plaintiff
respectfully demand a trial by jury on all issues so triable.
/s/ Brandon E. Tate
Brandon E. Tate (#31531-49)

12

 Case Document 1-1 Filed 12/14/18 Page 1 of 4 PageID 13

Enclosures(s)

SEP 112013

cc: Tarah Baldwin

BALDWIN MAPLES WILLIAMS, 
6856 N. Keystone Avenue
Indianapolis, IN 46220

EXHIBIT 1

 

Case Document 1-1 Filed 12/14/18 Page 2 of 4 PagelD 14
EEOC Form 161 {11l16) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

 

DISMISSAL AND NOTICE OF RIGHTS

 

T01 Jeff Willy From: Indianapolis District Office
4820 Wolf Run 101 West Ohio St
Indianapolis, IN 46239 Suite 1900

Indianapolis, IN 46204

 

I: On behalf of person(s) aggrieved whose identity is
CONFIDENTIAL (29 CFR 
EEOC Charge No. EEOC Representative Telephone No.
Frederick J. BruBaker,
470-2018-02437 Enforcement Supervisor (317) 226-7350

 

THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON:
The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC.

Your allegations did not involve a disability as de?ned by the Americans With Disabilities Act.
The Respondent employs less than the required number of employees or is not othenivise covered by the statutes.

Your charge was not timely ?led with in other words. you waited too long after the date(s) of the alleged
discrimination to ?le your charge .

HEDGE

The EEOC issues the following determination: Based upon its investigation, the EEOC is unable to conclude that the
information obtained establishes violations of the statutes. This does not certify that the respondent is in compliance with
the statutes. No ?nding is made as to any other issues that might be construed as having been raised by this charge.

The EEOC has adopted the ?ndings of the state or local fair employment practices agency that investigated this charge.

DD

Other (briefly state)

- NOTICE OF SUIT RIGHTS -

(See the additional information attached to this form.)

Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age
Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you.
You may file a lawsuit against the respondent(s) under federal law based on this charge in federal or state court. Your
lawsuit must be filed WITHIN 90 DAYS of your receipt of this notice; or your right to sue based on this charge will be
lost. (The time limit for filing suit based on a claim under state law may be different.)

Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) of the
alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years)
before you file suit may not be collectible.

alfof eCommission

5? SEP 192013

Enclosures(s) MIi/chelle Eisele, (Date Mailed)
District Director

 

CC:

Laura A. Lemons Tarah Baldwin

Manager, HR BALDWIN MAPLES WILLIAMS, LLC

ELI LILLY 6856 N. Keystone Avenue a
Lilly Corporate Cente DC 1010 Indianapolis, IN 46220 i

Indianapolis, IN 46285

Case Document 1-1 Filed 12/14/18 Page 3 of 4 PageID 15 

Enclosure with EEOC .
Form 161(11/16)

INFORMATION RELATED TO FILING Sun
UNDER THE LAws ENFORCED BY THE EEOC

(This information relates to ?ling suit in Federal or State court under Federal law. 
if you also plan to sue claiming violations of State law, please be aware that time limits and other -
provisions of State law may be shorter or more limited than those described below.)

Title of the Civil Rights Act, the Americans with Disabilities Act (ADA),
the Genetic Information Nondiscrimination Act (GINA), or the Age
Discrimination in Employment Act (ADEA):

PRIVATE SUIT RIGHTS -- ..

In order to pursue this matter further, you must file a lawsuit against the respondent(s) named in'the charge within -
90 days of the date you receive this Notice. Therefore, you should keep a record of this date. Once this 90-
day period is over, your right to sue based on the charge referred to in this Notice will be lost. If you intend to
consult an attorney, you should do so Give your attorney a copy of this Notice, and its enveIOpe, and tell
him or her the date you received it. Furthermore, in order to avoid any question that you did not act in a timely
?manner, it is prudent that your suit be filed within 90 days of the date this Notice was mailed to you (as
indicated where the Notice is signed) or the date of the postmark, if later.

Your lawsuit may be filed in US. District Court or a State court of competentjurisdiction. (Usually, the appropriate
State court is the general civil trial court.) Whether you file in Federal or State court is a matter for you to decide
after talking to your attorney. Filing this Notice is not enough. You must ?le a "complaint" that contains a short
statement of the facts of your case which shows that you are entitled to relief. Courts often require that a copy of
your charge must be attached to the complaint you file in court. If so, you should remove your birth Elate from the
charge. Some courts will not accept your complaint where the charge includesa date of birth. Your suit may include
any matter alleged in the charge or, to the extent permitted by court decisions, matters like or related to the matters
alleged in the charge. Generally, suits are brought in the State where the alleged unlawful practice occurred, but in
some cases can be brought where relevant employment records are kept, where the employment would have 
been, or where the respondent has its main office. If you have simple questions, you usually can get answers from
the office of the clerk of the court where you are bringing suit, but do not expect that office to write your complaint
or make legal strategy decisions for you. - .

PRIVATE SUIT RIGHTS -- Equal Pay Act (EPA):

EPA suits must be filed in court within 2 years (3 years for willful violations) of the alleged EPA underpayment: back
pay due for violations that occurred more than 2 years (3 years) before you file suit may not be collectible. For
example, if you were underpaid under the EPA for work performed from 7/1/08 to 12/1/08, you should file suit 
before 7/1/10 not 12/1/10 in order to recover unpaid wages due for July 2008. This time limit for filing an EPA
suit is separate from the 90?day filing period under Title VII, the ADA, GINA or the ADEA referred to above.
Therefore, if you also plan to sue under Title VII, the ADA, GINA or the ADEA, in addition to suing on the EPA
claim, suit must be filed within 90 days of this Notice amt within the 2- or 3-year EPA back pay recovery period.

ATTORNEY REPRESENTATION -- Title VII, the ADA or GINA:

If you cannot afford or have been unable to obtain a lawyer to represent you, the US. District Court having jurisdiction
in your case may, in limited circumstances, assist you in obtaining a lawyer. Requests for such assistance must be
made to the US. District Court in the form and manner it requires (you should be prepared to explain in detail your
efforts to retain an attorney). Requests should be made well before the end of the 90?day period mentioned above,
because such requests do got relieve you of the requirement to bring suit within 90 days.

ATTORNEY REFERRAL AND EEOC ASSISTANCE -- All Statutes:

You may contact the EEOC representative shown on your Notice if you need help in ?nding a lawyer or if you have any
questions about your legal rights, including advice on Which US. District Court can hear your case. If you need to
inspect or obtain a copy of information in EEOC's ?le on the charge, please request it in writing and provide
your charge number (as shown on your Notice). While EEOC destroys charge ?les after a certain time, all charge ?les
are kept for at least 6 months after our last action on the case. Therefore, if you file suit and want to review the charge
file, please make your review request within 6 months of this Notice. (Before filing suit, any request should be
made within the next 90 days.)

IF YOU FILE PLEASE SEND A COPY OF YOUR COURT COMPLAINT TO THIS OFFICE.

 

 

Case Document 1-1 Filed 12/14/18 Page 4 of 4 PageID 16

 

 

 

 

 

 

INDIANAPOLIS DISTRICT OFFICE :1 .
Equal Employment Opportunity Commission its}! 72.5?
101 West Ohio Street - Suite 1900 f3; .3.
Indianapolis, Indiana 46204-4203
OFFICIAL BUSINESS
SEP 2 1 2018 Case 1:18-cv-03934-RLY-DML Document 1-2 Filed 12/14/18 Page 1 of 2 PageID #: 17

CIVIL COVER SHEET

JS 44 (Rev. 06/17)

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

JEFFREY A. WILLY

ELI LILLY AND COMPANY

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Brandon E. Tate, Kevin M. Bowen, TATE & BOWEN LLP, 156 E Market
St, Suite 300, Indianapolis, IN 46204, 317.296.5294

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 U.S.C. § 2000e and 42 U.S.C. § 1981a,

VI. CAUSE OF ACTION Brief description of cause:

’ 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/ Brandon E. Tate

12/14/2018
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

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 Case 1:18-cv-03934-RLY-DML Document 1-2 Filed 12/14/18 Page 2 of 2 PageID #: 18

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 1:18-cv-03934-RLY-DML Document 1-3 Filed 12/14/18 Page 1 of 2 PageID #: 19
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Southern District
__________
District of
of Indiana
__________
)
)
)
)
)
)
)
)
)
)
)
)

JEFFREY A. WILLY

Plaintiff(s)

v.
ELI LILLY AND COMPANY

Defendant(s)

Civil Action No. 1:18-cv-03934

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Eli Lilly and Company
c/o National Registered Agents, Inc.
150 W Market St, Suite 800
Indianapolis, IN 46204

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: Brandon E. Tate
Kevin M. Bowen
TATE & BOWEN LLP
156 E Market St, Suite 300
Indianapolis, IN 46204

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 1:18-cv-03934-RLY-DML Document 1-3 Filed 12/14/18 Page 2 of 2 PageID #: 20
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:18-cv-03934
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:

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