Fillable Complaint For Interpleader And Declaratory Relief Complaint for Interpleader and Declaratory Relief

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Complaint For Interpleader And Declaratory Relief Complaint for Interpleader and Declaratory Relief

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Pro Se 12 (Rev. 12/16) Complaint for Interpleader and Declaratory Relief
UNITED STATES DISTRICT COURT
for the
__________ District of __________
__________ Division
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Case No.
(to be filled in by the Clerk’s Office)
Plaintiff(s)
(Write the full name of each plaintiff who is filing this complaint.
If the names of all the plaintiffs cannot fit in the space above,
please write “see attached” in the space and attach an additional
page with the full list of names.)
-v-
Defendant(s)
(Write the full name of each defendant who is being sued. If the
names of all the defendants cannot fit in the space above, please
write “see attached” in the space and attach an additional page
with the full list of names.)
COMPLAINT FOR INTERPLEADER AND DECLARATORY RELIEF
I. The Parties to This Complaint
A. The Plaintiff(s) in Interpleader
Provide the information below for each plaintiff named in the complaint. Attach additional pages if
needed.
Name
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address
B. The Defendant(s) in Interpleader
Provide the info
rmation below for each defendant named in the complaint, whether the defendant is an
individual, a government agency, an organization, or a corporation. For an individual defendant,
include the person’s job or title (if known). Attach additional pages if needed.
Page 1 of 7
__________ District of __________
__________ Division
Pro Se 12 (Rev. 12/16) Complaint for Interpleader and Declaratory Relief
Defendant No. 1
Name
Job or Title
(if known)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address
(if known)
Defendant No. 2
Name
Job or Title
(if known)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address
(if known)
Defendant No. 3
Name
Job or Title
(if known)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address
(if known)
Defendant No. 4
Name
Job or Title
(if known)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address
(if known)
Page 2 of 7
Pro Se 12 (Rev. 12/16) Complaint for Interpleader and Declaratory Relief
II. Basis for Jurisdiction and Venue
There are two types of interpleader actions, each brought under a different provision. Which ty
pe of
interpleader action are you bringing?
(check one)
’ I am bringing this interpleader action under Federal Rule of Civil Procedure 22. (Fill out Section
A below.)
’ I am bringing this interpleader action under 28 U.S.C. § 1335. (Fill out Section B below.)
A. Interpleader Action Under Rule 22
1. Jurisdiction is proper because the action
(check all that apply):
’ arises under a federal statute, a federal treaty, and/or a provision of the United States
Constitution
(specify the relevant statutory, treaty, and/or constitutional provisions):
’ meets the jurisdictional requirements of 28 U.S.C. § 1332, under which no plaintiff
may be a citizen of the same State as any defendant, and the amount at stake must
exceed the sum or value of $75,000:
a. The Plaintiff(s)
i. If the plaintiff is an individual
The plaintiff,
(name) , is a
citizen of the State of
(name) .
ii.
If the plaintiff is a corporation
The plaintiff,
(name) , is
incorporated under the laws of the State of
(name) ,
and has its principal place of business in the State of
(name)
.
(If more than one plaintiff is named in the complaint, attach an additional page
providing the same information for each additional plaintiff.)
Page 3 of 7
Pro Se 12 (Rev. 12/16) Complaint for Interpleader and Declaratory Relief
b. The Defendant(s)
i. If the defendant is an individual
The defendant,
(name ) , is a
citizen of the State of
(name ) .
Or is a citizen of
(foreign nation) .
ii. If the defendant is a corporation
The defendant,
(name) , is
incorporated under the laws of the State of
(name ) ,
and has its principal place of business in the State of
(name)
. Or is incorporated under the laws of
(foreign nation)
, and has its principal place of
business in
(name) .
(If more than one defendant is named in the complaint, attach an additional page
providing the same information for each additional defendant.)
c. The Amount in Controversy
The amount in controversy–the amount the plaintiff claims the defendant owes or the amount at
stake–is more than $75,000, not counting interest and costs of court, because
(explain):
2. Venue is proper under 28 U.S.C. § 1391 because
(check one):
’
(a common State) and at least
(county, State),
all of the defendants liv
e in
one defendant lives
which is located in this court’s judicial district.
’ a substantial part of the property that is the subject of this complaint for interpleader is
situated in
(county, State), which is located
in th
is court’s judicial district.
’ there is no district in which this action may otherwise be brought. The court has
personal jurisdiction over the defendants for the following reasons
(identify the connections
the defendants have with the judicial district):
Page 4 of 7
Pro Se 12 (Rev. 12/16) Complaint for Interpleader and Declaratory Relief
B. Interpleader Action Under 28 U.S.C. § 1335
1. In order for this court to have jurisdiction over this action, at least two defendants mu
st be citizens
of different States as defined in 28 U.S.C. § 1332(a) or (c), and the value of the property in
controversy
must be at least $500.
a. Interpleader Defendant No. 1
i. If the defendant is an individual
The defendant,
(name) , is
a citizen of the State of
(name) .
Or is a citizen of
(foreign nation ) .
ii.
If the defendant is a corporation
The defendant,
(name) , is
incorporated under the laws of the State of
(name) ,
and has its principal place of business in the State of
(name)
. Or is incorporated under the laws of
(foreign nation) , and has its principal place of
business in (name) .
b. Interpleader Defendant No. 2
i. If the defendant is an individual
The defendant,
(name) , is
a citizen of the State of
(name) .
Or is a citizen of
(foreign nation) .
ii.
If the defendant is a corporation
The defendant,
(name) , is
incorporated under the laws of the State of
(name) ,
and has its principal place of business in the State of
(name)
. Or is incorporated under the laws of
(foreign nation)
, and has its principal place of
business in
(name) .
Page 5 of 7
Pro Se 12 (Rev. 12/16) Complaint for Interpleader and Declaratory Relief
c. The Property in Controversy
The property in controversy is worth $ .
2. Venue is proper under 28 U.S.C. § 1397 because at least one defendant,
(name)
, resides in
(co
unty, State), which is located in this court’s
judicial district.
III. Statement of Interpleader Action
A. Describe the property that is the subject of this interpleader action, and explain why you are in
possession of the property. Explain why each of the defendants claims an entitlement to the property.
B. Plaintiff has
(check one):
’ deposited
(the property at issue) into the registry of the court
’ given a bond payable to the clerk of court in the amount of $ , which
the court has deemed proper and which is conditioned upon compliance by the plaintiff with
the future order or judgment of the court with respect to the subject matter of the
controversy.
C. Explain why you are in great doubt as to which defendant(s) is/are entitled to the property subject to the
interpleader action. Explain why you cannot determine which claim(s) is/are valid without exposing
yourself to potential double litigation.
IV. Relief
The plaintiff requests that
(check all that apply):
’ Each defendant be restrained from instituting any action against the plaintiff for recovery of the
property or any part of it.
’ The defendants be required to interplead and settle among themselves their rights to the property and
that the plaintiff be discharged from all liability.
Page 6 of 7
Pro Se 12 (Rev. 12/16) Complaint for Interpleader and Declaratory Relief
’ The plaintiff recover costs and reasonable attorney's fees.
’ The court grant any further relief as may be just and proper under the circumstances of this case.
V. Certification and Closing
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information,
and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a
nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable
opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the
requirements of Rule 11.
A. For Parties Without an Attorney
I agree to provid
e the Clerk’s Office with any changes to my address where case–related papers may be
served. I understand that my failure to keep a current address on file with the Clerk’s Office may result
in the dismissal of my case.
Date of signing:
Signature of Plaintiff
Printed Name of Plaintiff
B. For Attorneys
Date of signing:
Signature of Attorney
Printed Name of Attorney
Bar Number
Name of Law Firm
Street Address
State and Zip Code
Telephone Number
E-mail Address
Page 7 of 7
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Complaint For Interpleader And Declaratory Relief Complaint for Interpleader and Declaratory Relief

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Completed 17 February 2020

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