Case 1:19-cv-01314 Document 1 Filed 05/06/19 Page 1 of 8

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

KRISTIE SMALL,
6348 Cavalier Corridor
Falls Church, VA 22044
Plaintiff,
v.
OFFICE OF CONGRESSMAN
HENRY CUELLAR,
2372 Rayburn House Office Building
Washington, DC 20515,
Defendant.

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Case No. 1:19-cv-1314

JURY TRIAL DEMANDED

COMPLAINT
Plaintiff KRISTIE SMALL, by her undersigned counsel, and complains of Defendant
OFFICE OF CONGRESSMAN HENRY CUELLAR as follows:
NATURE OF THE CASE
1.

Hiring Kristie Small as Deputy Chief of Staff was an easy decision for Congressman Henry
Cuellar. Small was an ideal candidate for the position. She has a degree in Political Science
and 14 years of experience working on Capitol Hill. Her record is outstanding, and she
welcomes a challenge. Small began working for Cuellar on June 1, 2018. She dove into her
new duties —training staff in DC and Texas, familiarizing herself with Cuellar’s legislative
issues, and improving office efficiency. She received positive feedback from both Cuellar
and his staff.

2.

But everything changed on August 8, 2018. Shortly after she began working for Cuellar,
Small learned that she was pregnant. On August 8, she emailed Cuellar to request maternity

 Case 1:19-cv-01314 Document 1 Filed 05/06/19 Page 2 of 8

leave, per office policy. Cuellar responded: “Ok let’s talk about this and probation period
for you as I have for every new employee.” This was curious. Cuellar had never mentioned
a probation period before he learned about Small’s pregnancy. Contrary to what he said,
none of the other employees had been on a probationary period. However, none of those
employees were pregnant women.
3.

On October 16, 2018, Cuellar called Small on the phone and fired her for failing to perform
during a probationary period that only applied to pregnant female employees. This is an
action to recover damages for Defendant’s unlawful discrimination, in violation of the
Congressional Accountability Act (“CAA”).
JURISDICTON AND VENUE

4.

This Court has jurisdiction over the claims pursuant to 2 U.S.C. § 1408(a). Plaintiff (a) is a
covered employee by virtue of her employment with Defendant; (b) completed counseling
and mediation pursuant to 2 U.S.C. §§ 1402–03; and (c) timely filed this civil action.

5.

Venue is proper because Defendant formerly employed Plaintiff in the District of Columbia.
THE PARTIES

6.

During the relevant time period, Plaintiff was Defendant’s employee within the meaning and
subject to the protections of the CAA.

7.

Defendant is a federal legislative entity primarily located in the U.S. Capitol Complex in
Washington, DC.

8.

During the relevant time period, Defendant was Plaintiff’s employer within the meaning and
subject to the requirements of Title VII of the Civil Rights Act of 1964, as applied by the CAA.
EXHAUSTION OF ADMINISTRATIVE REMEDIES

9.

Plaintiff exhausted her administrative remedies pursuant to the CAA.

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 Case 1:19-cv-01314 Document 1 Filed 05/06/19 Page 3 of 8

10. On October 23, 2018, Plaintiff submitted a request for counseling for claims of sex
discrimination and pregnancy discrimination.
11. The mediation period began on November 20, 2018, and ended on February 5, 2019.
12. Plaintiff timely files this Complaint no sooner than 30 days, but no later than 90 days, from
the end of mediation.
FACTS
Plaintiff is a member of a protected class.
13. Plaintiff is female, as is evident based on her name, physical appearance, and other
indicators.
14. Defendant learned that Plaintiff is female when Cuellar interviewed Plaintiff in May 2018.
15. During the relevant time period, Plaintiff was pregnant.
16. Plaintiff informed Cuellar about her pregnancy on August 8, 2018.
Plaintiff has 14 years of experience working on Capitol Hill.
17. Plaintiff graduated from West Virginia University with a bachelor’s degree in Political
Science and a concentration in English.
18. Shortly thereafter, Plaintiff began working on Capitol Hill as a Scheduler/Staff Assistant.
19. She excelled in her role and was promoted to Legislative Assistant the following year.
20. In May 2007, Plaintiff became a Professional Staff member for a standing committee in the
U.S. House of Representatives.
21. Plaintiff had an excellent performance record and no history of misconduct.
Cuellar hired Plaintiff as Deputy Chief of Staff.
22. In May 2018, Plaintiff applied to work for Defendant as Cuellar’s Deputy Chief of Staff.
23. Cuellar learned that Plaintiff is female when he first interviewed her in May 2018.

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24. At a subsequent interview, Cuellar offered Plaintiff the position of Deputy Chief of Staff,
and Plaintiff accepted.
Plaintiff successfully performed her job duties.
25. Plaintiff began her employment with Defendant on June 1, 2018.
26. Throughout Plaintiff’s employment with Defendant, the Chief of Staff position was vacant.
27. Therefore, Plaintiff served as Acting Chief of Staff, and she reported directly to Cuellar.
28. Plaintiff’s duties included serving as Cuellar’s principal liaison; supervising employees;
reviewing and approving work product; establishing office policies and procedures; and
overseeing the office budget and operations.
29. Plaintiff immediately encountered significant challenges. Cuellar’s office was disorganized
and lacked policies and procedures.
30. Plaintiff generally worked at least 10 hours each day to complete her assigned duties, as well
as to resolve long-standing administrative issues.
31. Despite Plaintiff’s heavy workload and numerous responsibilities, she made significant
improvements in the office by establishing policies and procedures, conducting staff
training, and improving overall efficiency.
32. Cuellar was aware of Plaintiff’s long hours and resolution of many long-standing issues
because she sent him an email at the end of each day outlining her accomplishments for the
day, per Cuellar’s request.
33. Cuellar and his staff gave Plaintiff positive feedback about her performances and the
changes she was implementing in the office.
Cuellar put Plaintiff on probation after learning she was pregnant.
34. Shortly after she began working for Cuellar, Plaintiff learned that she was pregnant.

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35. Pursuant to the Employee Handbook, Plaintiff was entitled to 12 weeks of paid maternity
leave.
36. On August 8, 2018, Plaintiff emailed Cuellar to advise that she was pregnant and to request
maternity leave, per the Employee Handbook:
Hi Sir,
Attached I have provided an excerpt from the office maternity leave policy
along with my written request for leave. I have also included the pre-natal
appointments process for your information. I can go over this with you at any
time I just wanted to make sure it was on your radar. Thank you.
37. That afternoon, Cuellar responded by email:
Ok let’s talk about this and probation period for you as I have for every
new employee. Trying to finish all items for tomorrow and for Friday. Need
your help. Also, I have two interviews tomorrow morning and no one has
asked: What do you need? Need your help.
(emphasis added).
38. This was the first time Cuellar said anything about a probation period. He later informed
Plaintiff that she was subject to a 90-day probation period.
39. The Employee Handbook did not mention a probationary period.
40. Plaintiff asked several of her colleagues about probation. None of them had been on a
probationary period or knew anything about it.
41. As far as she knows, Plaintiff was the only pregnant female employee, and she was the only
employee subject to a probationary period.
Cuellar gave Plaintiff positive feedback on September 5, 2018.
42. On September 5, 2018, Cuellar met with Plaintiff to discuss her performance during the 90day probationary period established when Plaintiff requested maternity leave.
43. Cuellar told Plaintiff that she was doing a good job and had a great attitude, but that she
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 Case 1:19-cv-01314 Document 1 Filed 05/06/19 Page 6 of 8

needed to work on a few issues.
44. However, Cuellar’s criticisms were false.
45. Most of the issues Cuellar mentioned predated Plaintiff’s employment, and all of them had
improved since Plaintiff joined the office.
46. Cuellar knew about those improvements because Plaintiff sent him daily status reports and
otherwise kept him updated about her work.
47. Cuellar told Plaintiff they would meet in 30 days to revisit the issues discussed, thus
extending the 90-day probationary period by 30 days.
48. After the meeting, Plaintiff continued to successfully perform her duties.
Cuellar fired Plaintiff on October 16, 2018.
49. Cuellar scheduled a call with Plaintiff on October 16, 2018, to discuss her performance
during the extension of the probationary period.
50. On October 16, 2018, Cuellar called Plaintiff and terminated her employment for failure to
perform during the probationary period.
51. At Plaintiff’s request, Cuellar identified the specific tasks he claimed she failed to complete.
52. However, the reasons Cuellar gave for firing Plaintiff were false.
53. Plaintiff successfully completed the tasks Cuellar identified and otherwise performed her
assigned duties throughout her employment.
54. Defendant’s conduct had a devastating impact on Plaintiff’s life.
55. Approximately two weeks after Defendant fired her, Plaintiff delivered her baby, who was
stillborn. At the time, Plaintiff was 30 weeks pregnant.
COUNT 1
(2 U.S.C. § 1311(a)(1) – Sex Discrimination)
56. Plaintiff repeats and realleges paragraphs 1–55, above, as if fully set forth herein.
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 Case 1:19-cv-01314 Document 1 Filed 05/06/19 Page 7 of 8

57. Defendant terminated Plaintiff’s employment on the basis of gender and sex.
58. By and through its conduct, Defendant discriminated against Plaintiff in violation of the CAA.
59. Defendant’s actions were intentional, reckless, and/or malicious.
60. As a result, Plaintiff has suffered damages, including lost wages and benefits, pain and
suffering, emotional distress, and mental anguish.
COUNT 2
(2 U.S.C. § 1311(a)(1) – Pregnancy Discrimination)
61. Plaintiff repeats and realleges paragraphs 1–60, above, as if fully set forth herein.
62. Defendant terminated Plaintiff’s employment on the basis of pregnancy.
63. By and through its conduct, Defendant discriminated against Plaintiff in violation of the CAA.
64. Defendant’ actions were intentional, reckless, and/or malicious.
65. As a result, Plaintiff has suffered damages, including lost wages and benefits, pain and
suffering, emotional distress, and mental anguish.
JURY DEMAND
Plaintiff demands a trial by jury on all Counts.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against
Defendant on all counts and award Plaintiff reinstatement; lost wages and benefits;
compensatory damages in the amount of $300,000 for pain and suffering and emotional distress;
pre- and post-judgment interest; costs; attorney’s fees; and any such other relief as is just and
proper.
Date: May 6, 2019

Respectfully submitted,
ALAN LESCHT AND ASSOCIATES, P.C.

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 Case 1:19-cv-01314 Document 1 Filed 05/06/19 Page 8 of 8

By:
/s/ Sara McDonough
Alan Lescht [441691]
Sara McDonough [1022641]
Krista Wallace [1048016]
1825 K Street NW, Suite 750
Washington, DC 20006
Tel (202) 463-6036
Fax (202) 463-6067
alan.lescht@leschtlaw.com
sara.mcdonough@leschtlaw.com
krista.wallace@leschtlaw.com
Counsel for Plaintiff

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 Case 1:19-cv-01314 Document 1-1 Filed 05/06/19 Page 1 of 2
CIVIL COVER SHEET
JS-44 (Rev. 6/17 DC)

I. (a) PLAINTIFFS

DEFENDANTS

OFFICE OF CONGRESSMAN
HENRY CUELLAR

KRISTIE SMALL
VA
(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF Fairfax,
_____________________
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _____________________
Wash., DC
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED

ATTORNEYS (IF KNOWN)

Sara McDonough
Alan Lescht and Associates, P.C.
1825 K Street, NW, Suite 750
Washington, DC 20006
II. BASIS OF JURISDICTION

o
o

III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX FOR

(PLACE AN x IN ONE BOX ONLY)

1 U.S. Government
Plaintiff
2 U.S. Government
Defendant

o
o

3 Federal Question
(U.S. Government Not a Party)
4 Diversity
(Indicate Citizenship of
Parties in item III)

PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLY!
PTF
DFT

Citizen of this State
Citizen of Another State
Citizen or Subject of a
Foreign Country

o1 o1
o2 o2
o3 o3

Incorporated or Principal Place
of Business in This State
Incorporated and Principal Place
of Business in Another State
Foreign Nation

PTF

DFT

o4 o4
o5 o5
o6 o6

IV. CASE ASSIGNMENT AND NATURE OF SUIT
(Place an X in one category, A-N, that best represents your Cause of Action and one in a corresponding Nature of Suit)

o

A. Antitrust
410 Antitrust

o

o

o

B. Personal Injury/
Malpractice
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 Medical Malpractice
365 Product Liability
367 Health Care/Pharmaceutical
Personal Injury Product Liability
368 Asbestos Product Liability

E. General Civil (Other)

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 Property
370 Other Fraud
371 Truth in Lending
380 Other Personal Property
Damage
385 Property Damage
Product Liability

C. Administrative Agency
Review
151 Medicare Act

Social Security
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
Other Statutes
891 Agricultural Acts
893 Environmental Matters
890 Other Statutory Actions (If
Administrative Agency is
Involved)

OR
Bankruptcy
422 Appeal 27 USC 158
423 Withdrawal 28 USC 157
Prisoner Petitions
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Conditions
560 Civil Detainee – Conditions
of Confinement
Property Rights
820 Copyrights
830 Patent
835 Patent – Abbreviated New
Drug Application
840 Trademark

o

o

D. Temporary Restraining
Order/Preliminary
Injunction

Any nature of suit from any category
may be selected for this category of
case assignment.
*(If Antitrust, then A governs)*

F. Pro Se General Civil
Federal Tax Suits
870 Taxes (US plaintiff or
defendant)
871 IRS-Third Party 26 USC
7609
Forfeiture/Penalty
625 Drug Related Seizure of
Property 21 USC 881
690 Other
Other Statutes
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
430 Banks & Banking
450 Commerce/ICC
Rates/etc.
460 Deportation

462 Naturalization
Application
465 Other Immigration
Actions
470 Racketeer Influenced
& Corrupt Organization
480 Consumer Credit
490 Cable/Satellite TV
850 Securities/Commodities/
Exchange
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of State
Statutes
890 Other Statutory Actions
(if not administrative agency
review or Privacy Act)

 Case 1:19-cv-01314 Document 1-1 Filed 05/06/19 Page 2 of 2

o

G. Habeas Corpus/
2255

o

K. Labor/ERISA
(non-employment)
710 Fair Labor Standards Act
720 Labor/Mgmt. Relations
740 Labor Railway Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Empl. Ret. Inc. Security Act

*(If pro se, select this deck)*

*(If pro se, select this deck)*

o

o

L. Other Civil Rights
(non-employment)
441 Voting (if not Voting Rights
Act)
443 Housing/Accommodations
440 Other Civil Rights
445 Americans w/Disabilities –
Employment
446 Americans w/Disabilities –
Other
448 Education

V. ORIGIN

o 1 Original o 2 Removed o 3 Remanded
Proceeding

from State
Court

from Appellate
Court

o

I. FOIA/Privacy Act
895 Freedom of Information Act
890 Other Statutory Actions
(if Privacy Act)

442 Civil Rights – Employment
(criteria: race, gender/sex,
national origin,
discrimination, disability, age,
religion, retaliation)

530 Habeas Corpus – General
510 Motion/Vacate Sentence
463 Habeas Corpus – Alien
Detainee

o

o

H. Employment
Discrimination

152 Recovery of Defaulted
Student Loan
(excluding veterans)

o

M. Contract

J. Student Loan

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of
Judgment
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholder’s Suits
190 Other Contracts
195 Contract Product Liability
196 Franchise

N. Three-Judge
Court
441 Civil Rights – Voting
(if Voting Rights Act)

o 4 Reinstated o 5 Transferred o 6 Multi-district o 7 Appeal to
or Reopened

from another
district (specify)

Litigation

District Judge
from Mag.
Judge

o 8 Multi-district
Litigation –
Direct File

VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.)

Discrimination in violation of the Congressional Accountability Act, 2 U.S.C. 1311
VII. REQUESTED IN
COMPLAINT

CHECK IF THIS IS A CLASS
ACTION UNDER F.R.C.P. 23

DEMAND $ 300,000+
JURY DEMAND:

VIII. RELATED CASE(S)
IF ANY

(See instruction)

YES

DATE: _________________________
May 6, 2019

NO

✘

Check YES only if demanded in complaint

YES

✘

NO

If yes, please complete related case form

SIGNATURE OF ATTORNEY OF RECORD _________________________________________________________
INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET 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 services 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. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed.
Listed below are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the cover sheet.
I.

COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence: Use 11001 to indicate plaintiff if resident
of Washington, DC, 88888 if plaintiff is resident of United States but not Washington, DC, and 99999 if plaintiff is outside the United States.

III.

CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed only if diversity of citizenship was selected as the Basis of Jurisdiction
under Section II.

IV.

CASE ASSIGNMENT AND NATURE OF SUIT: The assignment of a judge to your case will depend on the category you select that best
represents the primary cause of action found in your complaint. You may select only one category. You must also select one corresponding
nature of suit found under the category of the case.

VI.

CAUSE OF ACTION: Cite the U.S. Civil Statute under which you are filing and write a brief statement of the primary cause.

VIII.

RELATED CASE(S), IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from
the Clerk’s Office.

Because of the need for accurate and complete information, you should ensure the accuracy of the information provided prior to signing the form.

 Case 1:19-cv-01314 Document 1-2 Filed 05/06/19 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

__________ District
District
ofof __________
Columbia

KRISTIE SMALL
Plaintiff(s)

v.

OFFICE OF CONGRESSMAN
HENRY CUELLAR
Defendant(s)

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Civil Action No.

1:19-cv-13

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

Hon. William P. Barr
U.S. Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
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:

Sara McDonough
Alan Lescht and Associates, P.C.
1825 K Street, NW, Suite 750
Washington, DC 20006
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 1:19-cv-01314 Document 1-2 Filed 05/06/19 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
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
, who is

! I served the summons on (name of individual)
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 $

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:

0.00

.

 Case 1:19-cv-01314 Document 1-3 Filed 05/06/19 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

__________ District
District
ofof __________
Columbia

KRISTIE SMALL
Plaintiff(s)

v.

OFFICE OF CONGRESSMAN
HENRY CUELLAR
Defendant(s)

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Civil Action No.

1:19-cv-1314

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

Jessie K. Liu
U.S. Attorney for the District of Columbia
555 Fourth Street, NW
Washington, DC 20530
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:

Sara McDonough
Alan Lescht and Associates, P.C.
1825 K Street, NW, Suite 750
Washington, DC 20006
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 1:19-cv-01314 Document 1-3 Filed 05/06/19 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
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
, who is

! I served the summons on (name of individual)
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 $

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:

0.00

.

 Case 1:19-cv-01314 Document 1-4 Filed 05/06/19 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

__________ District
District
ofof __________
Columbia

KRISTIE SMALL
Plaintiff(s)

v.

OFFICE OF CONGRESSMAN
HENRY CUELLAR
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

1:19-cv-13

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

Representative Henry Cuellar
2372 Rayburn House Office Building
Washington, DC 20515
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:

Sara McDonough
Alan Lescht and Associates, P.C.
1825 K Street, NW, Suite 750
Washington, DC 20006
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 1:19-cv-01314 Document 1-4 Filed 05/06/19 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
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
, who is

! I served the summons on (name of individual)
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 $

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:

0.00

.