JS 44 (Rev.

4-29-21 Case 2:22-cv-02880-HG Document 1-1 Filed

CIVIL COVER 05/17/22 Page 1 of 2 PageID #: 36
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
Justin Chimienti Wendy's International, LLC, and McDonald's Corporation

(b) County of Residence of First Listed Plaintiff Suffolk County County ofResidence ofFirst Listed Defendant Franklin County, Ohio
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
The Law Office of James C. Kelly, 244 5th Avenue, Suite
K-278, New York, NY 10001

II. BASIS OF JURISDICTION (Place an "X'" in One Box Only) III. CITIZENSIDP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box/or Defendant)
DI U.S. Government 03 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State I0 D I Incorporated or Principal Place D 4 D 4
of Business In This State

D2 U.S. Government [RI 4 Diversity Citizen of Another State 02

□ 2 Incorporated and Principal Place
□ 5 x
Os
Defendant (Indicate Citizenship of Parties in Item Ill) of Business In Another State

Does this action include a motion for temporary restraining order or order
to show cause? YesD NoJZl"
Citizen or Subject of a
Foreign Country
03
□ 3 Foreign Nation
□ 6 06

IV. NATURE OF SUIT (Place an "X" in One Box Only)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

~
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 37 5 False Claims Act
120 Marine 310 Airplane D 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130MillerAct 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability D 367 Health Care/ 400 State Reapportionment
D 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 4 10 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
D 151 Medicare Act 330 Federal Employers' Product Liability 830 Patent 450 Commerce
D 152 Recovery of Defaulted Liability D 368 Asbestos Personal 83 5 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
D 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran's Benefits 350 Motor Vehicle [RI 370 Other Fraud 710 Fair Labor Standards Actof2016 (15 USC 1681 or 1692)
D 160 Stockholders' Suits 355 Motor Vehicle D 371 Truth in Lending Act 485 Telephone Consumer
D 190 Other Contract Product Liability D 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
D

~
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ft) 490 Cable/Sat TV
D 196 Franchise Injury D 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY
210 Land Condemnation
CIVIL RIGHTS
440 Other Civil Rights
PRISONER PETITIONS
Habeas Corpus:
790 Other Labor Litigation
791 Employee Retirement
□ 865 RSI (405(g)) 891 Agricultural Acts
893 Environmental Matters
D 220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SillTS 895 Freedom of Information

§ 230 Rent Lease & Ejectment

240 Torts to Land
442 Employment
443 Housing/
510 Motions to Vacate
Sentence □ 870 Taxes (U.S. Plaintiff
or Defendant)
Act
896 Arbitration

0
245 Tort Product Liability
290 All Other Real Property
Accommodations
445 Amer. w/Disabilities -
530 General
535 Death Penalty IMMIGRATION
□ 871IRS--ThirdParty
26 USC 7609
899 Administrative Procedure
Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an "X" in One Box Only)
0 I Original D2 Removed from □ 3 Remanded from D4 Reinstated or D 5 Transferred from D 6 Multidistrict D8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation-
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION _2_a_u_.s_.c____
. §._1_3_3_2_(d_)_,d_e_c_ep_t_iv_e_a_nd_u_n_fa_ir_t_ra_d_e_p_ra_c_lic_e_s_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Brief description of cause:
Class action for false advertising
VII. REQUESTED IN [RI CHECK IF nns IS A CLASS ACTION DEMAND$ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 50,000,000 JURYDEMAND: 0Yes □ No
VIII. RELATED CASE(S)
IF ANY (See instructions):
JUDGE
----------------- DOCKET NUMBER -------------
DATE
5/17/2022 SIGNATURE OF ATTORNEY OF RECORD
(JK-9616)
FOR OFFICE USE ONLY

RECEIPT# AMOUNT APPLYING IFP JUDGE MAG. JUDGE

 CERTIFICATION
Case 2:22-cv-02880-HG OF1-1
Document ARBITRATION ELIGIBILITY
Filed 05/17/22 Page 2 of 2 PageID #: 37
Local Arbitration Rule 83. 7 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.

Case is Eligible for Arbitration D

I, James C. Kelly , counsel for_ _ _P_la_in_tiff_ _ _ _ _ _ _, do hereby certify that the above captioned civil action is ineligible for
compulsory arbitration for the following reason(s):

0 monetary damages sought are in excess of $150,000, exclusive of interest and costs,

0 the complaint seeks injunctive relief,

□ the matter is otherwise ineligible for the following reason

DISCLOSURE STATEMENT- FEDERAL RULES CIVIL PROCEDURE 7.1

Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:

RELATED CASE STATEMENT (Section VIII on the Front of this Form}

Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that "A civil case is "related"
to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a
substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge." Rule 50.3.1 (b) provides that" A civil case shall not be
deemed "related" to another civil case merely because the civil case: (A) involves identical legal issues, or (B) involves the same parties." Rule 50.3.1 (c) further provides that
"Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be "related" unless both cases are still
pending before the court."

NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)

1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County? DYes No li2I
2.) If you answered "no" above:
a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
County? Yes&2J No D
b} Did the events or omissions givil]Lrise to the claim or claims, or a substantial part thereof, occur in the Eastern
District? Yes621 U No
c) If this is a Fair Debt Collection Practice Act case, specify the County in which the offending communication was
received:

Suffolk County?
a
If your answer to question 2 (b) is "No," does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in internleader 150n, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or
Yes No
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).

BAR ADMISSION

I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.

li2I Yes
□ No

Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?

□ Yes (If yes, please explain li2I No

I certify the accuracy of all information provided above.

Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Last Modified: 11/27/2017