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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION JONATHON YARD, on behalf of himself and all others similarly situated, Plaintiff, v. THE UNIVERSITY OF ILLINOIS AT CHAMPAIGNURBANA, BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS AT CHAMPAIGNURBANA, JURY TRIAL DEMANDED Defendants. Case No.
CLASS ACTION COMPLAINT NOW COMES Plaintiff, Jonathon Yard (hereinafter “Plaintiff”), on behalf of himself and all others similarly situated, by and through his attorneys, Larry D. Drury, Ltd., and Dennis R. Atteberry, and complains of the Defendants, The University of Illinois at Champaign-Urbana and Board of Trustees of the University of Illinois at Champaign-Urbana, as follows: INTRODUCTION 1. This is a class action lawsuit brought by Plaintiff individually and on behalf of all
persons who were denied admission to the University of Illinois at Champaign-Urbana (“University”)1 between 1999 and 2009 after paying an application fee to the University in connection with an application for admission. 2. This case arises from the Defendants’ unfair conduct in creating, maintaining and
using a clout list (“Category I” list) to determine which of its applicants would be granted admission to the University. The clout list was used to reward high-ranking lawmakers and other politicians and “very important persons” with discrete access to the powers that be in the
The term “University” shall refer to The University of Illinois at Champaign-Urbana, each of its undergraduate colleges and its College of Law.
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University, by admitting student applicants who were favored by the Defendants and/or otherwise lacked the credentials and academic qualifications required to gain admission. 3. Defendants never disclosed that political clout played a role in the admissions
process, nor did they disclose that otherwise qualified applicants would be denied admission to make room for unqualified, Category I applicants. To the contrary, the University catalog represented that admissions decisions were based upon academia-related criteria. Defendants’ actions in this regard constitute breach of contract, unjust enrichment and fraud, and violate the tenets of equal protection. PARTIES & JURISDICTION 4. Plaintiff, Jonathon Yard, (“Plaintiff”), is an individual and a resident of the City
of Taylorville, County of Christian, State of Illinois. 5. Defendant, Board of Trustees of The University of Illinois at Champaign-Urbana
(hereinafter “Board”) is the governing body for the University of Illinois at Champaign-Urbana, a public state university funded with taxpayer monies. Defendant conducts business in the State of Illinois and throughout the United States. 6. Defendant, The University of Illinois at Champaign-Urbana (hereinafter
“University”) is a public university located in Champaign, Illinois. Each year, over 20,000 high school seniors from across the nation apply to the University for approximately 7,000 available seats. The University charged its student-applicants a fee of approximately forty dollars to submit an application for admission to the University. 7. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §1367 and 28
U.S.C. §1332, as amended by the Class Action Fairness Act of 2005. The matter in controversy exceeds $5,000,000.00, exclusive of interest and costs, and is a class action in which, on
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information and belief, over 100 members of the Class are citizens of states different than Defendants. 8. Venue is proper in this district pursuant to 28 U.S.C. §1391(a) because the
Defendants are subject to personal jurisdiction in this District and/or conduct business in this District, and a substantial part of the events or omissions giving rise to Plaintiff’s claims occurred in this District. GENERAL ALLEGATIONS 9. Defendant University is a major public university which promotes itself to
potential applicants for admission to attend the University in the State of Illinois and nationwide. 10. At relevant times, Defendants received applications for student admission from
high school graduates in this State and nationwide, expecting to be reviewed for admission based on Defendants’ established criteria for admission – exclusive of criteria pertaining to the Category I-list, as more fully set forth below – but whom Defendants denied admission after accepting their application fees. 11. The University promoted itself to potential applicants vis a vis its uniform catalog
(“catalog”), which stated that it considers the following criteria in its admissions decisions: a. b. c. d. e. f. Strong academic record; Competitive ACT/SAT scores; Demonstrated leadership skills; Exceptional communication skills; Variety of interests; and Eagerness to participate.
See Exhibit A. Notably absent from this list of admissions criterion is any mention of one’s political clout. Further, on information and belief, the disclosed admissions criteria for the University’s College of Law did not differ in this respect.
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The University promoted itself to potential applicants vis a vis its catalog, which
stated that the heaviest weight in the admissions process is given to objective academic criteria, i.e., grades, class rank and test scores, and that subjective factors will not compensate for deficits in academic credentials. See Exhibit B. 13. The University, vis a vis its catalog and/or website, stated that letters of
recommendation would not be considered in the admissions decision except where a student has had extenuating circumstances that are verified by a high school counselor. In fact, the University discouraged students from submitting letters of recommendation with their application for admission. See Exhibit B. 14. Plaintiff applied for admission to the University for its Fall 2008 semester,
whereby the University accepted Plaintiff’s application fee of $40. 15. Plaintiff was an accomplished student. At the time of his application to the
University he was ranked among the top 15% of his graduating class, had earned a score of 29 on his ACT test and was a varsity athlete that participated in extracurricular activities. 16. In a May 29, 2009 Chicago Tribune article, it was reported that the University’s
records chronicle a shadow admissions system in which Category I applicants who failed to meet the required admission criteria were nonetheless admitted to the University over the protests of admissions officers, while other Category I applicants had their rejections reversed during an undisclosed, informal appeal process that had nothing to do with the University’s official criteria for admission. 17. The University’s shadow admissions process was based on a system that rewards
clout over academic achievement, placing clout-wealthy applicants onto a clout list. Patronage has become such an entrenched, though concealed part of the admissions process at the
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University that it has even termed a name for the applicants with heavy-hitting sponsors: "Category I." 18. Students placed on the University’s Category I (a.k.a. Clout) list had a much
greater chance of being admitted to the University than those non-Category I applicants, despite the fact that Category I applicants, as a group, had lower average college preparatory exam scores and class ranks than all admitted students. In 2008, for example, freshmen on average ranked in the 88th percentile in their high school class, while Category I students ranked in the 76th percentile. 19. following: a. politically appointed trustees and lawmakers routinely behave as armchair admissions officers advocating on behalf of relatives and neighbors -- even housekeepers' kids and families with whom they share Hawaiian vacations. They declare their candidates "no brainers" for admission and suggest that if they are not accepted, the admissions system may need revamping. b. University officials recognized that certain students were under-qualified -but admitted them anyway. c. Admissions officers complained in vain as their recommendations were overruled and Trustees pushed for preferred students, some of whom were friends, neighbors and relatives. d. Certain Illinois lawmakers delivered admission requests to U. of I. lobbyists, whose jobs depend on pleasing the lawmakers. The Chicago Tribune reported on May 29, 2009 that its investigation revealed the
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e. University officials delayed admissions notifications to weak candidates until the end of the school year to minimize the fallout at top feeder high schools. 20. According to the August 6, 2009 Report of the State of Illinois Admissions
Review Commission, this “shadow admissions process” permeated all schools and colleges within the University, including but not limited to its undergraduate programs, College of Law and College of Business. 21. On the few occasions that a Category I student was denied admission to the
University, said students were permitted to file an “appeal”, which often resulted in reconsideration of their application and ultimately, admission to the University. 22. The University did not advertise or promote its appeal process to Plaintiff or other
non-Category I students, and on information and belief, the University maintained no official appeals process. 23. The Defendants uniformly failed to inform Plaintiff and other applicants that: a. Connections and clout play a role in the admissions process at the University; b. That Defendants maintain a Category I list of students who receive greater consideration for admission; c. Applicants without connections and clout would be at a disadvantage in gaining admission; d. Applicants without connections and clout would not be provided with an appeals process and/or able to appeal their rejection, as Category I applicants were permitted to do; and e. Applicants would be considered for admission based upon factors other than their academic credentials and qualifications at the time of application.
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After applying for admission to the University, Plaintiff was subsequently wait-
listed and ultimately denied admission to the University. He is not now seeking admission to the University. 25. But for the Defendants’ omission and/or failure to disclose their creation,
maintenance and use of a Category I clout list, the Plaintiff and the class would not have applied for admission to the University and would not have incurred an application fee and expenses related to same. 26. The conduct of the Defendants in deviating from established standards of
evaluating applications for admission was beyond the scope of their authority, was without authority in law and was carried out in an arbitrary, inconsistent and capricious manner. 27. As a result of the Defendants’ actions as alleged herein, and an admissions
process that was corrupted and unfair, Plaintiff and the class suffered damages including, but not limited to, their application fees and related expenses paid in connection with their application for admission, plus interest. CLASS ALLEGATIONS 28. Pursuant to Fed. R. Civ. P. 23(b)(3), Plaintiff brings this class action on behalf of
himself and all members of the following class (the "Class"): All non-Category I applicants to the University of Illinois at Champaign-Urbana who, during the time period of 1999 until August, 2009, paid an application fee to Defendants in consideration of admission to the University and were subsequently denied admission to the University2. 29. The class is comprised of thousands of individuals, making the joinder of such
Plaintiff reserves the right to amend or change the definition or scope of the alleged Plaintiff class as set forth herein, and further reserves the right to add or delete classes or sub-classes, depending upon the development of facts and the state of the law at the time Plaintiff brings her motion to certify a class.
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cases impracticable. Disposition of the claims in a class action will provide substantial benefits to both parties and the Court. 30. The rights of each member of the class were violated in a similar fashion based
upon Defendants’ uniform actions, breaches of contract, omissions and/or failures. 31. Questions of law and fact common to the class predominate over questions that
may affect individual class members, including the following: a. Whether Defendants maintained a Category I list for purposes of making admissions determinations; b. Whether Defendants admitted clout-connected and otherwise unworthy students to the University for reasons other than academic merit and/or ability; c. Whether Defendants informed applicants that their application for admission would receive consideration commensurate with the level of political clout asserted on behalf of the applicant; d. Whether Defendants reserved an appeals process for Category I applicants that was not made available and/or disclosed to non-Category I applicants; e. Whether the Defendants traded admissions for Category I applicants to the University’s College of Law in exchange for its College of Law students obtaining employment at law firms; f. Whether the Defendants conduct was beyond the scope of their authority and was without authority in law where they conducted their admissions decisions in a dishonest, arbitrary, capricious and unlawful manner; g. Whether Defendants were unjustly enriched by their creation, maintenance and use of a Category I list to the detriment of Plaintiff and the class;
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h. Whether Defendants committed a breach of contract to Plaintiff and the class; i. Whether the Defendants’ conduct constitutes fraud; j. Whether Defendants’ actions violate the equal protection rights of Plaintiff and the class; k. Whether Defendants should account for all revenues improperly earned, as alleged herein. 32. Plaintiff will fairly and adequately protect the interests of the class; Plaintiff has
retained counsel competent and experienced in class action litigation; and Plaintiff has no interest antagonistic to those of the Plaintiff class members. 33. A class action is an appropriate method for fairly and efficiently adjudicating this
controversy because, among other things, joinder of all members of the class is impracticable, and employing the class action device here, in lieu of entertaining individual suits on the same issue, would greatly serve judicial economy. COUNT I BREACH OF EXPRESS CONTRACT 34. Plaintiff incorporates the allegations contained in paragraphs 1 through 33 of this
Class Action Complaint as if fully set forth herein. 35. Defendants made an offer to Plaintiff and the class to apply, for a fee, for
admission to the University, promising full consideration of said application on its merits. 36. Alternatively, the description in the Defendants’ catalog containing the terms
under which an application will be appraised constituted an invitation to Plaintiff and the class to make an offer.
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Plaintiff’s and the class’ tender of the application, as well as the payment of the
fee pursuant to the terms of the brochure, constituted an offer to apply. 38. Defendants’ acceptance of the application and fee constituted acceptance of an
offer to apply under the admissions criteria established by the Defendants. 39. The application fees paid by Plaintiff and the class to Defendant form the
consideration of the contractual relationship between Plaintiff and the class. 40. Defendants breached their contract by not considering Plaintiff’s and the class’
applications on their merits, but rather basing its admission decisions on the weight of applicants’ political connections vis a vis its Category I clout list. 41. Plaintiff and the class have suffered and will suffer damages as a proximate result
of Defendants’ breach of contract, including but not limited to their application fees, related expenses and interest. COUNT II BREACH OF CONTRACT IMPLIED IN FACT 42. Plaintiff incorporates the allegations contained in paragraphs 1 through 33 of this
Class Action Complaint as if fully set forth herein. 43. 44. This Count II is plead in the alternative to Counts I and III. Defendants made an offer to Plaintiff and the class to apply, for a fee, for
admission to the University. 45. offer. 46. Plaintiff’s and the class’ tender of the application, as well as the payment of the Alternatively, Defendants made an invitation to Plaintiff and the class to make an
fee pursuant to the terms of the brochure, constituted an offer to apply.
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47. offer to apply. 48.
Defendants’ acceptance of the application and fee constituted acceptance of an
The application fees paid by Plaintiff and the class to Defendant form the
consideration of the contractual relationship between Plaintiff and the class. 49. Defendants breached the contract by not considering Plaintiff’s and the class’
applications on their merits, but rather basing its admission decisions on the weight of applicants’ political connections vis a vis its Category I clout list. 50. Plaintiff and the class have suffered and will suffer damages as a proximate result
of Defendants’ breach of contract, including but not limited to their application fees, related expenses and interest. COUNT III BREACH OF CONTRACT IMPLIED IN LAW 51. Plaintiff incorporates the allegations contained in paragraphs 1 through 33 of this
Class Action Complaint as if fully set forth herein. 52. 53. This Count III is plead in the alternative to Counts I and II. Equity mandates and implies an obligation by the Defendants to evaluate
Plaintiff’s and the class’ applications for admission on their merits, and not on the weight of one’s political clout. 54. Contrary to principles of equity and fairness, Defendants breached their contract
implied in law by not considering Plaintiff’s and the class’ applications on their merits, but rather basing its admission decisions on the weight of applicants’ political connections vis a vis its Category I clout list. 55. Plaintiff and the class have suffered and will suffer damages as a proximate result
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of Defendants’ breach, including but not limited to their application fees, related expenses and interest. COUNT IV UNJUST ENRICHMENT 56. Plaintiff incorporates the allegations contained in paragraphs 1 through 33 of this
Class Action Complaint as if fully set forth herein. 57. This Count IV for unjust enrichment is plead in the alternative to Plaintiff’s and
the class’ claims for breach of contract (Counts I, II and III). 58. Defendants, to the detriment of the Plaintiff and the class, have benefited and
been unjustly enriched by their conduct where they breached their contracts, express and/or implied with the Plaintiff and the class, and misrepresented, omitted and/or concealed from Plaintiff and the class, prior to their having submitted an application for admission to the University and paid the application fee, the fact that admissions decisions were based not on the merits of the applicants, i.e., what they know, but rather on their political connections, i.e., who they know. 59. Defendants did not publicize or disclose their creation, maintenance and/or use of
a Category I clout list to applicants for admission. 60. Defendants had knowledge of the aforesaid benefits, and have voluntarily
accepted and retained these benefits by their breach of contract as aforesaid, and by intentionally and fraudulently concealing, omitting and/or misrepresenting the fact that political clout played a role in its admissions process. 61. But for the Defendants’ actions as alleged herein, Plaintiff and the class would not
have paid an application fee to the University.
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The circumstances described herein are such that it would be inequitable,
unconscionable, unfair, unlawful and unjust for Defendants to retain these ill-begotten benefits without paying the value thereof to the Plaintiff and the class. 63. Plaintiff and the class have suffered and will suffer actual damages as a proximate
result of Defendants being unjustly enriched to the detriment of Plaintiff and the class, including but not limited to the application fees, related expenses and interest. COUNT V COMMON LAW FRAUD 64. Plaintiff incorporates the allegations contained in paragraphs 1 through 33 of this
Class Action Complaint as if fully set forth herein. 65. The Defendants’ stated admissions policy constitutes a false statement of material
fact where it failed to disclose that political clout and/or connections would form the basis of a decision to admit or reject an applicant for admission to its University. 66. The Defendants had knowledge that political clout and/or connections played a
role in the admissions process its University. 67. The Defendants intended that applicants rely upon their stated admissions policy,
which omits any reference to political clout and/or connections being relevant to the admission process, so as to induce Plaintiff and the class to apply for admission to its University and pay its application fee. 68. In submitting an application to the University and paying an application fee,
Plaintiff and the class members relied upon the Defendants’ stated admissions policy, believing that the process was fair and lawful, and that each student would be granted admission or denied admission based upon their individual merits, not upon political connections.
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In reliance on the Defendants’ fraudulent statements, Plaintiff and the class paid
an application fee to the University, which, in part, forms the basis of their damages. 70. But for Defendants’ fraud, Plaintiff and the class would not have made
application to the University and would not have incurred the application fee, related expenses and interest. COUNT VI DENIAL OF EQUAL PROTECTION UNDER 42 U.S.C. §1983 71. Plaintiff incorporates the allegations contained in paragraphs 1 through 33 of this
Class Action Complaint as if fully set forth herein. 72. The Fourteenth Amendment to the United States Constitution, enforceable
pursuant to 42 U.S.C. § 1983, provides that no state shall deny any person the equal protection of the laws. 73. Defendants’ actions as alleged herein in creating, using and maintaining a
Category I clout list with the intent of basing admissions decisions on political connections denied non-clout connected applicants the same protections as clout-connected applicants where: a. Clout connected applicants were favored for admission regardless of academic merit, whereas non-clout connected applicants received no such special consideration; b. Clout connected applicants who were rejected for admission were permitted to file an appeal, an undisclosed process not available to non-clout connected applicants;
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Non clout-connected applicants were denied an equal opportunity at admission to the state University simply because they lacked the political connections of Category I clout connected students;
Prior to and during the actions complained of herein, Defendants acted in the
manner aforesaid without cause or justification because Plaintiff and the class lacked political clout, and in doing so decided that only Category I applicants are entitled to admission on a basis different from that of non-Category I applicants, i.e., political clout vs. academic merits. 75. Defendants’ actions were intended to, and did, deprive non clout-connected
applicants of the same rights, i.e., right to appeal, right to have a fair review of the admission application, etc., it afforded to clout-connected applicants. 76. Defendants were acting under color of state law and on behalf of the University at
all times relevant to this Complaint. 77. Defendants’ actions do not serve any sufficient, legitimate government interest;
rather, such actions discount a University degree and call into question the University’s integrity. 78. As a proximate result of Defendants’ denial of equal protection, Plaintiff and the
class sustained actual damages, including but not limited to, the application fees, related expenses and interest. 79. Defendants deprived Plaintiffs of the equal protection of the laws in violation of
Plaintiff’s rights under the Fourteenth Amendment to the U.S. Constitution. Defendants are, therefore, liable to Plaintiff and the class under 42 U.S.C. § 1983. COUNT VII ACCOUNTING 80. Plaintiff incorporates the allegations contained in paragraphs 1 through 33 of this
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Class Action Complaint as if fully set forth herein. 81. Pursuant to the above-described claims and causes of action, the circumstances or
relationship between the parties gives rise to a duty on the part of the Defendants to account to Plaintiff and the class. The Defendants should account for and reimburse Plaintiff and the class all monies received by Defendants, plus interest, in connection with application fees paid by Plaintiff and class members who were denied admission to the University. 82. The revenue earned from the application fees paid by Plaintiff and the class to
Defendants as alleged in the above-described claims and causes of action, plus interest due Plaintiff and the class, cannot be presently known because all books of account and records pertaining to the dispute are in the possession and control of the Defendants, and based thereon the Plaintiff and the class need an accounting and discovery with respect thereto. 83. Accordingly, an accounting would permit Plaintiff and the class (and the Court) to
ascertain the amounts due to the Plaintiff and the class. 84. An accounting should be conducted in equity for the following reasons: A. The need for an accounting has arisen from the above-described claims, relationship and causes of action between the parties; B. Plaintiff and the class have no adequate remedy at law to cure Defendant’s above-stated breaches; and C. There is a need for discovery.
PLAINTIFF DEMANDS TRIAL BY JURY ON ALL COUNTS
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PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that this Honorable Court: A. Certify the class and appoint Plaintiff and the Plaintiff’s counsel to represent the class; B. Find that Defendants committed a breach of express and/or implied contract to Plaintiff and the class; C. Find that Defendants were unjustly enriched by their actions as alleged herein; D. E. Find that Defendants perpetrated a fraud upon Plaintiff and the class; Find that Defendants’ actions violate Plaintiff’s and the class’ right to equal protection; F. Find that Defendants should account for all revenues improperly earned, as alleged herein; G. Order that Defendants pay actual, compensatory and punitive damages for its conduct, as alleged herein; H. I. Award reasonable attorneys’ fees and costs; and Grant such other relief as this Court deems appropriate.
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Respectfully submitted, JONATHON YARD, on behalf of himself and all others similarly situated,
s/ Larry D. Drury Attorney for Plaintiff
LARRY D. DRURY JAMES R. ROWE LARRY D. DRURY, LTD. 205 West Randolph, Suite 1430 Chicago, Illinois 60606 312/346-7950 DENNIS R. ATTEBERRY 220 West Main Cross Taylorville, IL 62568-2248 (217)824-3131
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Exhibit A; 1 of 14
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Detailed Admission Requirements
Information for all undergraduate applicants Freshman information Transfer information Nondegree information
Information for All Undergraduate Applicants
The following general University policies are applicable to all undergraduate applicants at both the beginning freshman and transfer student levels. To be eligible for consideration for admission, an applicant must meet certain requirements in terms of age, high school graduation, high school credits and competence in English.
An applicant must be at least fifteen years of age by the time of desired enrollment.
High School Graduation
An applicant must be a graduate of a regionally accredited high school, a school in Illinois recognized by the state superintendent of education, or a school elsewhere with a rating equivalent to full recognition; graduates of other secondary schools and nongraduates of secondary schools may be admitted under the provisions for use of the General Education Development Test.
General Educational Development Test (GED)
The achievement of satisfactory scores on the General Educational Development Test is acceptable in lieu of graduation from an accredited high school. This test alone will not fulfill all of the college preparatory subject requirements. A minimum score of 410 on each test and an overall average of at least 450 are needed to provide the following high school credit: 9 semester of English and 8 semesters of social studies. To be eligible to take these tests, applicants must be at least eighteen years or age or have been out of school for at least one year. If to be used in lieu of high school graduation, General Educational Development Test scores should be sent by the testing center directly to Undergraduate Admissions.
High School Credits
Freshman applicants for admission to all majors must present a total of at least 15 units of acceptable college preparatory schoolwork. A unit course of study in the secondary school is a course covering an academic year and including not less than the equivalent of 120 sixty-minute hours of classroom work. Two hours of work requiring little or no preparation outside the class are considered as the equivalent to one hour of prepared classroom work. A freshman applicant who lacks a required high school subject may satisfy the requirement at either a community
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college or elsewhere prior to enrollment at the University. This information must be communicated on the application for admission. One semester in college is the equivalent of two semesters of high school coursework. Under extenuating circumstances, a specific subject requirement may be waived for otherwise well-qualified freshman applicants. An applicant seeking a waiver of the subject pattern requirement should use the Additional Information question on the application to state the rationale for requesting such action. The subject pattern requirements are waived for transfer applicants, but such applicants can fulfill the foreign language transfer and/or graduation requirements through high school coursework.
Description of Acceptable High School Courses
English: Studies in language, composition, and literature requiring practice in expository writing in all such work. Coursework should emphasize reading, writing, speaking and listening. Foreign Language: Two years of any one foreign language (or completion of second level) fulfills the admission requirement. Laboratory Science: Laboratory courses in biology, chemistry, or physics are preferred. Laboratory courses in astronomy and geology are also acceptable. General science is not acceptable. Mathematics: Algebra, geometry, advanced algebra, trigonometry, pre-calculus, calculus, statistics. Applied business mathematics, pre-algebra and computer courses are not acceptable. Approved mathematics courses taken before high school will be counted toward the requirement. Social Studies: History and government. Additional acceptable social studies include anthropology, economics, geography, philosophy, political science, psychology and sociology. Flexible Courses: Two courses from any of the above five subject categories. Approved art, music or vocational education courses may be counted in the flexible academic units category. Competence in English. A minimum requirement for competence in English applies to all University students. Undergraduate applicants for admission may satisfy this minimum requirement by certifying that one of the following conditions has been fulfilled in a country where English is the primary language and in a school in which English is the primary language of instruction:
Graduation with credit for four units, or the equivalent, of English from a secondary school; or successful completion of a minimum of two academic years of full-time study at the secondary school or collegiate level immediately prior to the proposed date of enrollment in the University.
For an applicant who does not meet one of the above conditions, evidence can be provided by achieving a satisfactory score on a test of competence in English. The test(s) to be used and the minimum scores(s) shall be subject to approval by University committees. This requirement may be waived upon agreement by the director of Undergraduate Admissions and the dean of the college concerned if evidence of competence in English presented by the applicant clearly justifies such action.
Admission Test Information
Each beginning freshman and lower-division transfer applicants, regardless of rank in class or length of time out of school, is required to submit an admission test score from either the American College Testing (ACT) program or the Scholastic Aptitude Test (SAT). An applicant will not complete the admission requirements until the test score is received by Undergraduate Admissions in the form of an official score report sent directly from the testing agency concerned. Complete information concerning the test, the dates of test administration, and the location of testing centers may be obtained from high school counselors.
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The delayed admission program allows a newly admitted, degree-seeking student to defer the start of attendance to allow a planned interlude for specific, acceptable reasons between the term of acceptance and actual University attendance. A deferral may be requested for one or two semesters. (Certain programs may not be delayed for only one semester.) A delay for up to two years may be granted to a student whose United States military commitment has been extended for more than one year. A delay can be requested only for the same program to which the student was admitted. The intent of this program is to allow students time to participate in rare, unique, extraordinary opportunities. Unfortunately, some students must delay admission due to unforeseen events, such as medical emergencies, serious health conditions and military orders. Financial complications or attendance at another academic institution are not regarded as reasons to delay admission to the University. Each individual’s situation will be considered on a case-bycase basis. The college to which the student was accepted must approve the request to delay admission. For more information or to request a delay in your attendance term, contact Undergraduate Admissions.
Undergraduate Application Fee Waivers
Applicants for admission must submit a $40 ($50 for international applicants) application fee (amount subject to change) to help defray processing costs. The fee is nonrefundable. The application fee will be waived if the applicant meets one of the criteria listed below:
The applicant submits our Undergraduate Application Fee Waiver form. Please note that the form must be signed by a school counselor, financial aid officer, social worker or other person who, on a professional basis, has some knowledge of the applicant's financial situation. A waiver that is signed by the applicant or a relative will not be accepted. The applicant is currently an employee of the University of Illinois or an allied agency (if eligible). Fee waivers are given to permanent academic and non-academic employees of the UI who have a 50-100% appointment and to certain employees of affiliated agencies whose appointments are in effect at the time the application is filed. The applicant is currently registered at the University of Illinois at Chicago or Springfield. The applicant submits proof of eligibility for a ACT/SAT fee waived. The applicant submits proof of eligibility for a Pell Grant. The applicant is a University of Illinois faculty, academic or staff retiree. The applicant is eligible under the Illinois Veteran Grant Program. Applicants under approved foreign exchange programs in which the University participates, and foreign students participating in approved exchange programs in which the waiver of fees is reciprocal. Students from other universities participating in the Committee on Institutional Cooperation (CIC) Program by taking courses at the University of Illinois. Cooperating teachers and administrators who receive assignment of practice teachers, who receive assignment of students meeting the clinical experience requirement in teacher education, or who cooperate in research projects related to teacher education, cooperating librarians, school-nurse teachers, social welfare field supervisors, recreation field supervisors, health-education field supervisors, speech pathology supervisors, developmental child care field supervisors, educational psychology supervisors, continuing education supervisors, industrial relations field supervisors, and physicians participating without salary in the instructional program of the University of Illinois College of Medicine at Urbana-Champaign. Illinois Teacher of the Year recipients.
Illinois law requires that all college students be immunized against certain vaccine-preventable diseases. These include:
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Measles Mumps Rubella Tetanus/diphtheria
Two vaccinations required, on or after the first birthday. One vaccine One vaccine US Citizens and Permanent Residents: booster within 10 years of the first day of the start of classes. International Students: documentation of at least three tetanus and diphtheria vaccinations, the third given within 10 years of the first day of the start of classes.
Students can receive any or all of the required immunizations at McKinley Health Center. There is a minimal charge for this service. It is important to meet these requirements. If you do not do this prior to or during the first semester in which you are enrolled, your registration for the following semester will be blocked; you may also be dropped from any classes for which you may already have registered. You will receive information on completing a health information form and providing documentation of immunization when admitted. You can also download the forms from the McKinley Health Center Web site. All new international students are screened for tuberculosis. Screening consists of completion of a paper questionnaire and tuberculin skin test screening for students who have lived in certain countries outside of the United States. Those with positive skin tests may receive a chest X-ray to screen for pulmonary tuberculosis. Students who have a prior history of tuberculosis or who are receiving treatment for tuberculosis should bring copies of all treatment records, including medical notes and laboratory reports. There is no additional charge for tuberculosis screening. If you need more information, visit the Immunization and Travel Clinic on our Web page http://www.mckinley.illinois.edu/ or call 217/333-2702.
A freshman applicant is a degree-seeking student who applies for admission while attending high school, regardless of the amount of college degree credit earned; or is a student enrolled in the fall term who attended college for the first time in the prior summer term; or who, since graduating from high school, has not attended another postsecondary institution as a degree-seeking undergraduate student. A beginning freshman is required to remain in the college and the prescribed freshman program to which he or she has been admitted for at least two semesters of full-time study.
Guidelines for Accepting College Credits Earned by High School Students
1. A college course taken by a high school student at a high school or college and applied toward the University of Illinois at Urbana-Champaign high school subject pattern requirement will not be awarded credit at the University. 2. A transferable college course taken by a high school student and not applied toward the University of Illinois at Urbana-Champaign high school subject pattern requirement may be awarded credit at the University and the grade will be included in the transfer grade point average. 3. College credit is awarded to degree-seeking undergraduate students who earn a sufficiently high score on (1) the Advanced Placement (AP) Program examinations, (2) the International Baccalaureate (IB) Program examinations, (3) the ACT English or the SAT Critical Reading portion of the exams, or (4) the University of Illinois at Urbana-Champaign Departmental Proficiency Examinations. The AP, IB, and ACT/SAT exams must have been taken prior to beginning undergraduate studies. The departmental proficiency exams, covering
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many University courses normally open to freshmen and sophomores including the foreign languages, are typically offered each fall and spring semester as part of the "New Student" activities.
Early Admission Program
Under the Early Admission Program, a high school student meeting competitive admission requirements except receipt of a high school diploma may be enrolled in the University before graduating from high school. Although each application is treated as a special admission case, a prospective student must be at least 15 years of age by the time of desired term of enrollment, have earned 15 units toward a high school diploma, be in good academic standing, provide three letters of recommendation from high school staff members who are able to evaluate the student’s work, and meet competitive admission standards. In addition, a form signed by a counselor or principal acknowledging the student’s desire to attend Illinois is required. Those accepted in the program are enrolled in regular four-year curricula and treated as first-year students. A student interested in this program may apply for admission no sooner than January preceding the fall term of planned entry so that the application can include complete information about the student’s fall semester. However, the application should be completed as soon as possible after January 1. For complete information, contact Undergraduate Admissions.
A first-time transfer applicant is one who is entering the University for the first-time as a degree-seeking student and has attended another postsecondary institution at the undergraduate level by the desired term of entry and does not meet the definition of a first-time freshman or a returning student. A transfer student is obligated to remain in the college and program to which he or she has been admitted for at least the first semester of enrollment. A student on campus who wishes to transfer to another college must meet the accepting college’s admission requirements and compete for any available space.
Grade Point Averages
Grade point averages are calculated on the basis of all transferable courses attempted for which grades are assigned and for which grade-point values can be determined. When a course is repeated, the grade point average is computed using both grades and all hours for the course. Incomplete grades are accepted as defined by the initiating institution. Grades in other coursework completed, such as technical courses similar in content and level to courses taught at the University of Illinois at Urbana-Champaign, may be used in the evaluation for admission upon request of the college to which a student seeks admission. Please note that courses taken outside the United States will not be awarded grades (if processed through Undergraduate Admissions), although credit will be awarded if courses are determined to be transferable. Since the grade point average used to establish admission qualifications is based on all transferable coursework attempted, applicants from institutions that delete grades for coursework failed and/or repeated may find their opportunities limited to special admission.
Acceptance of Credit from other Collegiate Institutions
Credit may be accepted for advanced standing from another accredited university or college. Accepted credit will be based on evaluation of the primary transcript of record of each institution attended. Duplicate credit will be counted in the grade point average but excluded from hours earned. A student who has passed a course at the University of Illinois at Urbana-Champaign may not be given credit for the same course taken elsewhere.
Illinois Colleges and Universities
Illinois participates in the Illinois Articulation Initiative (IAI), a statewide agreement that allows transfer between institutions of the completed IAI General Education Core Curriculum (GECC). This agreement began with freshmen
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entering Illinois higher education institutions in summer 1998 or after. Completion of the IAI GECC ensures that a student’s general education requirements are met upon transfer to Illinois, although students will also need to complete additional campus, college, and major graduation requirements, in addition to those satisfied by the GECC. Completion of the GECC is recommended for students who are exploring their educational options, but students who have chosen a major at Illinois into which they intend to transfer will be better served following major-specific programs. Students who anticipate transferring to the University of Illinois at Urbana-Champaign are strongly advised to work with their institutions’ academic advisors and to consult the University of Illinois Transfer Handbook for additional specific degree requirements in the program of their choice. Students can contact Undergraduate Admissions (217.333.0302; email@example.com).
Traditional Domestic Transfer Credit
Admission of transfer students to the University of Illinois is based only on the transfer coursework that is similar in nature, content, and level to that offered by the University of Illinois. Other coursework completed, such as technical courses similar in content and level to courses taught at the University, will be used in evaluation for admission only upon the request of the dean of the college to which the student seeks admission. Transfer credit, as defined, will be accepted at full value for admission purposes on transfer to the University of Illinois at Urbana-Champaign if earned at:
Colleges and universities that offer degree programs comparable to programs offered by the University of Illinois and (1) are members of or hold Candidate for Accreditation status from the North Central Association of Colleges and Schools or another regional accrediting association, or (2) are accredited by another accrediting agency that is a member of the Council of Postsecondary Accreditation; or Illinois public community colleges that are neither members of nor holders of Candidate for Accreditation status from the North Central Association of Colleges and Schools, but that are approved and recognized by the Illinois Community College Board (ICCB) for a period of time not to exceed five years from the date on which the college registers its first class after achieving ICCB recognition.
Certain colleges and universities do not meet the above specifications but have been assigned a status by the University Committee on Admissions that permits credit to be accepted on a provisional basis for admission purposes for transferring to the University of Illinois at Urbana-Champaign. Transfer credit, as defined, from such colleges and universities is accepted only on a deferred basis, to be validated by satisfactory completion of additional work in residence. Validation through satisfactory work in residence may be accomplished be earning at the University of Illinois at Urbana-Champaign, or another fully accredited college or university, at least a 2.0 (A=4.0) grade point average (higher if prescribed by the major the student wishes to enter) in the first 12 to 30 (18 to 45 quarter) hours completed after transfer. Credit transferred from an approved community or junior college is limited only by the provision that the student must earn at least 60 semester or 90 quarter hours required for the degree at an approved four-year college or university after attaining junior standing. The student must meet the residence requirements that apply to all students for a degree from the University of Illinois at Urbana-Champaign. In all cases, the precise amount of transfer credit that is applicable toward a particular degree will be determined by the University college and department concerned. International Transfer Credit Admission of transfer students to the University of Illinois is based only on the transfer coursework that is similar in nature, content, and level to that offered by the University of Illinois. Other coursework completed, such as technical courses similar in content and level to courses taught at the University, will be used in evaluation for admission only upon the request of the dean of the college to which the student seeks admission. International coursework will be accepted at full value for admission purposes on transfer to the University of Illinois at Urbana-Champaign on the following conditions:
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The college or university offers degree programs comparable to programs offered by the University of Illinois. The college or university is sufficiently accredited or recognized by the home-country ministry of education or equivalent governmental authority.
International transcripts and coursework are evaluated according to the following requirements or considerations:
Coursework is transferable with a grade of “C” or above only and will appear on the student’s Illinois transcript as credit only. Transcripts must be submitted from all institutions attended. Transcripts must be either in English or accompanied by certified translations. Transcripts are evaluated on a course-by-course basis.
The following types of courses generally are not transferable:
Courses under three credits Certain courses pertaining to religion, politics, and military science Grammar courses pertaining to the student’s native language ESL and English language courses Courses which focus on practical or how-to instruction Vocational courses Law courses
Transfer students must meet the residence requirements that apply to all students for a degree from the University of Illinois at Urbana-Champaign. In all cases, the precise amount of transfer credit that is applicable toward a particular degree will be determined by the University college and department concerned. Applicants might be asked to submit course descriptions and or syllabi.
Acceptance of credit awarded on bases other than collegiate classroom experiences will be considered for transfer admission purposes as follows: Test credit for admission as transfer credit. Students presenting test credit awarded elsewhere, or test scores for admission will have that credit evaluated against cutoff scores established for those examinations on the UrbanaChampaign campus. Official score reports should be submitted to Undergraduate Admissions along with the application for admission to the University. A student presenting test credit as transfer credit may be granted transfer credit if the student (1) is transferring at least 12 graded semester hours of acceptable college-level classroom coursework from the institution or single campus in a multicampus institution that awarded credit by examination; and (2) has successfully completed advanced classroom coursework at the institution awarding the test credit in a course that is acceptable under University of Illinois at Urbana-Champaign transfer credit policies and that can be considered as a sequential continuation of the material covered in the test; or (3) presents raw scores for evaluation. After admission, students not awarded credit under this policy may attempt departmental proficiency examinations to receive credit in those areas in which they claim competence. Credit for military training. Four semester hours of lower division military science will be granted for transfer admission if completion of six months or more of continuous active duty in the U.S. armed forces, including basic or recruit training, and an honorable discharge from active military duty to civilian life or transfer to the reserve component is posted on the military record (DD214). Submission of the military record (DD214) is required for credit to be granted. Candidates for graduation who are still in active military service are entitled to the same credit. Military science credit may also be granted for training completed in the service that is comparable to Reserve Officers’ Training Corps (ROTC) courses at the University of Illinois at Urbana-Champaign. Such credit may be used for admission purposes up to a maximum of 16 semester hours. Credit duplicating ROTC credit will not be awarded. Lower division military science credit satisfies no graduation requirements for any University of Illinois at Urbana-Champaign programs of study.
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Credit for education in the armed forces. Official transcripts of military service school training may be submitted for comparison to University of Illinois at Urbana-Champaign courses for transfer credit. Credit earned in academic courses sponsored by noncollegiate organizations, such as business, industry, and labor, and those not recognized by the April 1977 Board of Trustees policy statement are not normally accepted. This work may be evaluated by the college for potential credit toward a specific degree program after admission and registration, subject to validation by proficiency examination or successful completion of advanced coursework. Credit hours may be reduced from that shown by the originating agency. All criteria are subject to the recommendation of the college of enrollment and the department that offers similar courses. Credit for experiential learning. Experiential learning credit is not accepted for transfer admission purposes. A student who believes himself or herself to be knowledgeable in a specific course may be granted credit hours through established proficiency procedures by the college of enrollment and the department offering a similar course after admission and registration.
Nondegree Student Regulations
Nondegree undergraduate students are assessed tuition at the comparable degree rate. Enrollment is limited to part-time status (fewer than 12 credit hours of course work in any semester). Course enrollment requires the approval of the department offering the course and the college of enrollment at the beginning of each semester. Nondegree students may not pre-register in classes for fall and spring semesters. Registration for the fall or spring term is not permitted until the fourth day of classes. The late registration charge will be waived for undergraduate nondegree students registering by the tenth day of classes. Registration after the tenth day of classes requires the written approval of the dean of the college of enrollment. The college of enrollment has the right to terminate a continuing nondegree student’s registration authorization at any time prior to beginning a term. The same grading system is applicable to both degree and nondegree students. Credit earned on nondegree status will not be applicable to a degree except by subsequent admission to degree status and approval of the college. To be considered for degree-status enrollment, nondegree-status students must apply for degree-seeking admission. Nondegree students admitted to a college for summer to continue in the fall have the option of registering for summer and continuing in the fall, or registering initially for fall.
Concurrent Enrollment with Parkland
A student in good academic standing at Parkland College or at the University of Illinois at Urbana-Champaign may concurrently enroll in courses offered by the other institution if such courses are not available at the student’s primary campus. Prior written approval for concurrent enrollment must be obtained from the dean of students at Parkland College and the appropriate college office at the University campus. Generally, concurrent enrollees must take fewer hours at the secondary institution than at the primary institution. Concurrent enrollees are part-time nondegree students at the secondary institution and pay tuition and fees regularly assessed at that institution in accordance with the amount of work taken. The application fee is waived.
Course Attendance by Illinois High School Students
Qualified local high school students are permitted, while in high school, to attend University classes for college credit. They may also enroll for college credit in the Guided Individual Study program offered by the University through the Office of Continuing Education. To qualify for high school and on-campus University concurrent enrollment, a student must be recommended by his or
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her high school counselor or principal and have a 3.5 (A=4.0) grade point average and have prerequisite courses completed. Students are assessed tuition and fees at the regular undergraduate student rates. Acceptance to the program does not guarantee enrollment into desired course(s). Courses taken by these students involve work over and above the secondary school curriculum. Grades and course credits will appear on their permanent University records and on official transcripts. If these students enter the University after high school graduation, the courses, if applicable, will be credited toward University graduation. A student applying for on-campus admission under this program should be prepared to submit the following materials upon request:
A nondegree application for admission to the University (not required of students who were previously enrolled under this plan.) An official copy of the high school transcript covering all work completed in high school and courses in progress, together with ACT or SAT test scores if available. Acceptance under this program does not guarantee later admission as a degree candidate.
Information and applications for this program may be obtained from Undergraduate Admissions. A separate undergraduate admission application is required if a student desires to attend the University after high school graduation or under the Early Admission Program.
Parkland Pathway Program
Parkland Pathway to Illinois is an opportunity for qualifying Illinois high school graduates to attend Parkland College and then to gain guaranteed admission to certain University of Illinois majors. Participants are members of both the Parkland College and University of Illinois undergraduate communities. Among program benefits, participants receive personalized mentoring and academic counseling; are granted access to events and opportunities exclusive to the University of Illinois student body, including University housing, libraries, extracurricular activities, and recreational facilities; and are eligible to enroll in limited Illinois instruction as nondegree students at the same tuition rate they are charged at Parkland. Upon completion of the program, participants apply to Illinois as degree-seeking students.
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Case 1:09-cv-06584 Document SHEET 10/20/2009 Filed CIVIL COVER 2
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The 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 isrequired for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
JONATHON YARD, on behalf of himself and all others similarly situated,
The UNIVERSITY OF ILLINOIS AT CHAMPAIGN-URBANA, and the BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS AT CHAMPAIGN-URBANA
County of Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.
County of Residence of First Listed Plaintiff Christian (EXCEPT IN U.S. PLAINTIFF CASES)
Attorney’(Firm Name, Address, and Telephone Number) s
Attorneys (If Known)
LARRY D. DRURY LARRY D. DRURY, LTD., 205 WEST RANDOLPH, SUITE 1430 CHICAGO, ILLINOIS 60606
II. BASIS OF JURISDICTION
1 U.S. Government Plaintiff 2 U.S. Government Defendant
(Place an “ in One Box Only) X”
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “ in One Box for Plaintiff X”
(For Diversity Cases Only)
PTF DEF and One Box for Defendant) PTF DEF
s 3 Federal Question
(U.S. Government Not a Party) 4 Diversity (Indicate Citizenship of Parties in Item III)
Citizen of This State
Incorporated or Principal Place of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation
Citizen of Another State
Citizen or Subject of a Foreign Country
IV. NATURE OF SUIT
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 (excl. vet.) 153 Recovery of Overpayment of Veteran’Benefits s 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise
(Place an “ in One Box Only) X”
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 Inj. PERSONAL INJURY 362 Personal Injury— Med. Malpractice 365 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
610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 881 630 Liquor Laws 640 R.R. & Truck 650 Airline Regs. 660 Occupational Safety/Health 690 Other
422 Appeal 28 USC 158 423 Withdrawal 28 USC 157
400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce/ICC Rates/etc. 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Satellite TV 810 Selective Service 850 Security/Commodity/Exch. 875 Customer Challenge 12 USC 3410 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900 Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes 890 Other Statutory Actions
820 Copyrights 830 Patent 840 Trademark
710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt.Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act
861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))
210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property
441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 ADA—-Employment 446 ADA — Other 440 Other Civil Rights
510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition
FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff or Defendant) 871 IRS—Third Party 26 USC 7609
(PLACE AN “ IN ONE BOX ONLY) X”
2 Removed from State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened Transferred from 5 another district (specify) 6 Multidistrict Litigation
Appeal to District Judge from 7 Magistrate Judgment
VI. CAUSE OF ACTION
(Enter U.S. Civil Statute under which you are filing and write a brief statement of cause.)
VII. PREVIOUS BANKRUPTCY MATTERS (For nature of
suit 422 and 423, enter the case number and judge for any associated bankruptcy matter perviously adjudicated by a judge of this Court. Use a separate attachment if necessary)
Class Action Fairness Act of 2005; consumer fraud, breach of contract, breach of warranty, unjust enrichment, accounting.
VIII. REQUESTED IN COMPLAINT: IX. This case
CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23
CHECK YES only if demanded in complaint: s Yes No JURY DEMAND:
is not a refiling of a previously dismissed action. is a refiling of case number , previously dismissed by Judge
SIGNATURE OF ATTORNEY OF RECORD
s/ Larry D. Drury