evans v. building materials - complaint

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF VIRGINL^

(Norfolk Division)

FILED

MAR 1 4 2016

CLERK. US DISTRICT COURTNORFOLK. VA

STEPHEN F. EVANS

and

ROOF N BOX, INC.,

Plaintiffs,

V.

BUILDING MATERIALSCORPORATION

OF AMERICA d/b/a

GAF-ELK CORPORATION,

Defendant.

COMPLAINT

Plaintiffs Stephen F. Evans and Roof N Box, Inc. (collectively, "Plaintiffs") for their

Complaint against Defendant Building Materials Corporation of America d/b/a GAF-Elk

Corporation (collectively, "Defendant"), stateas follows.

NATURE OF ACTION

1. This is an action for patent infringement, trade dress infringement, and unfair

competition, inwhich Plaintiffs seek injunctive relief and damages in excess of ONE MILLION

DOLLARS ($1,000,000.00).

PARTIES. JURISDICTION AND VENUE

2. Plaintiff Stephen F. Evans ("Evans") is an adult citizen of the Commonwealth of

Virginiawho resides in Virginia Beach, Virginia.

Case No. IJLc^MSt

Case 1:16-cv-00282-GBL-IDD Document 1 Filed 03/14/16 of 12 PageID# 1

3. Plaintiff RoofN Box, Inc. ("RoofN Box") is a corporation organized and existing

under the laws of the Commonwealth ofVirginia, with itsprincipal place of business in Virginia

Beach, Virginia. Evans is the founder andPresident of RoofN Box.

4. Defendant Building Materials Corporation of America d/b/a GAF-Elk

Corporation ("GAP") is a corporation organized and existing under the laws of the state of

Delaware, with its principal place of business inNew Jersey.

5. This Court has jurisdiction over this matter under 28 U.S.C. §1331 and 1338(a)

because it involves claims for patent and trade dress infringement. This court also has

jurisdiction over this matter pursuant to 28 U.S.C. §1332 because there is complete diversity

between the parties and the amount at issue, exclusive of interest and costs, exceeds $75,000.00.

6. This Court may exercise personal jurisdiction over the Defendant because, among

other things, it regularly conducts business in Virginia and a substantial portion of the events

giving rise to this dispute arose inVirginia Beach, Virginia.

7. This district is aproper venue for this action pursuant to 28 U.S.C. §1391.

FArXflAL BACKGROUND

8. Evans has been in the roofing business for several years. In or around 2006, he

developed the "Roof N Box" product —a three-dimensional roofing model to use during

presentations for selling roofing products and services to a homeowner.

9. The model serves as an education tool, sales tool, training tool, and a product

highlight and differentiating tool.

10. The model allows a salesperson to remove the roofing portions and layers of

roofing of the model in fi-ont ofahomeowner and replace each roofing layer while explaining the


different roofing layers, their respective functions, their terminologies, and other product and

service differentiations and placements.

11. On June 25, 2007, Evans filed a patent application for the model, which issued as

design patent number D575,509 on August 26, 2008 to Evans as the sole owner (the '509

Patent). Atrue and correct copy ofthe '509 Patent isattached as Exhibit 1.

12. Plaintiffs invested substantial time, effort, and funds in designing and

manufacturing the Roof N Box product.

13. In 2008, Plaintiffs began selling the Roof N Box product to other roofing

professionals. Evans also used the Roof N Box product in his own sales presentations to

homeowners.

14. The RoofN Box product was favorably received in the marketplace.

15. In 2008, a representative of GAF contacted Evans in Virginia Beach and

recommended that Evans contact GAF headquarters to enter GAF's Certified Contractors

Program to sell the Roof NBox product directly to resellers of GAF roofing products (the GAF

Contractors). The GAF representative indicated that GAF was interested in entering into a

partnership with Evans to market the RoofN Box product.

16. In October 2008, Evans sent an email from Virginia Beach to a GAF

representative to pursue a partnership with GAF related to the Roof NBox product. The GAF

representative responded and setupa meeting with Evans.

17. Thereafter, Evans met with GAF representatives in New Jersey to discuss selling

the Roof N Box product to GAF Contractors.

18. Following the New Jersey meeting, Evans commenced discussions with GAF

representatives in GAF's Dallas, Texasoffice.


19. In September 2009, GAF and Roof N Box entered into a Promotional Agreement

whereby RoofN Box agreed to sell the Roof N Box product to GAF Contractors at discounted

prices, and GAF agreed to promote the RoofN Box® product to the GAF Contractors.

20. After entering into the Promotional Agreement, Roof N Box began to sell the

Roof N Box product to GAF Contractors at the discounted prices, and Evans even attended the

GAF 2010 National Sales Meeting to present the Roof N Box product to other resellers and

customers of GAF roofing products. A true and correct copy of a sample of Plaintiffs'

promotional materials advertising the Roof N Box product to GAF Contractors is attached as

Exhibit 2.

21. Thereafter, Evans met with GAF representatives inTexas. At this meeting, and at

other times during the parties' relationship, Evans provided GAF with Roof N Box and Evans

confidential information, including information concerning the design, manufacture, and

marketing of the Roof NBox product and strategies for using the Roof NBox product in sales

presentations for roofing services and products. Evans and GAF agreed that such Roof NBox

and Evans confidential information would be kept confidential by GAF.

22. Sometime after the Texas meeting, GAF orally advised RoofN Box that it was

terminating the Promotional Agreement with RoofN Box.

23. Thereafter, GAF commenced manufacturing and selling, and upon information

and belief, continues to manufacture and sell, a competing roofing model.

24. Defendant has advertised its competing roofing model for sale in a GAF catalog

and on its website. A true and correct copy of the page from the catalog is attached as Exhibit 3,

and trueand correct copy of the web page is attached as Exhibit 4.


25. Defendant's catalog and advertisements for its competing roofing model are

substantially similar to Plaintiffs' promotional literature for the Roof N Box product. Compare

Exhibit 2 to Exhibits 3 and 4.

26. Defendant's competing roofing model has the same "look and feel" of the RoofN

Box product, performs the same fimction, and copies the design of the Roof N Box product.

True and correct photographs of the GAP competing roofing model are attached as Exhibit 5.

True and correct photographs ofthe RoofN Box product are attached asExhibit 6.

27. Defendant advertises, manufactures, and sells its competing roofing model to its

GAP Contractors. Defendant encourages its GAP Contractors to use the roofing model to"close

more GAP Lifetime Roofing System sales by demonstrating the roofing process and its key

components." See Exhibit 3; seealso Exhibit 4.

28. Defendant has made (directly or indirectly), sold, and upon information and

belief, continues to sell, its competing roofing model in interstate conunerce, and has advertised

it for sale, offered it for sale, and/or sold it to persons inVirginia.

29. Defendant's roofing model infringesthe '509 Patent.

COUNT I - PATENT INFRINGEMENT (DIRECT)

30. Plaintiffs incorporate by reference Paragraphs 1-29, above as if fully set forth

herein.

31. 35 U.S.C §271(a) provides that any person, without authority, who makes, uses,

offers to sell, sells, or imports into the United States, any patented invention during the term of

the patent infringes the patent.


32. Defendant has infringed the '509 Patent by making, using, offering to sell, selling,

and/or importing into the United States its competing roofing model, without Evans'

authorization or license.

33. Defendant will continue to manufacturer, offer to sell, sell, and/or import its

infnnging roofing model unless enjoined by this Court.

34. Due to Defendant's infringement, Evans is suffering, and will continue to suffer,

irreparable injury.

35. Evans has suffered damages as a result of Defendant's infringement and/or

Defendanthas been unjustly enriched by such infringement.

36. Evans is entitled to damages as a result of Defendant's infringement, including

but not limited to, disgorgement ofall Defendant's profits, in an amount to be proven at trial, as

well as injunctive relief.

37. At all relevant times. Defendant knew that the Roof N Box product was the

subject of a design patent.

38. Defendant willfully, knowingly, and intentionally infnnged the '509Patent.

39. Evans is entitled to trebledamages for Defendant's willful infringement.

40. Defendant's conduct, as alleged herein, renders this an "exceptional case" and

Evans is entitled to recover his attorney's fees and costs.

COUNT II - PATENT INFRINGEMENT aNDUCED)

41. Plaintiffs incorporate by referenced Paragraphs 1through 40, above as if fully set

forth herein.

42. Pursuant to 35 U.S.C. 271(b) "whoever actively induces infringement of a patent

shall be liable as an infnnger."


43. Defendant has induced third parties, including its GAF Contractors, to infringe

the '509 Patent, by intentionally encouraging them to use the infringing roofing model in sales

presentations in order to "close more sales,"

44. Defendant will continue to induce third parties to infringe unless enjoined by this

Court.

45. Due to Defendant's induced infringement, Evans is suffering, and will continue to

suffer, irreparable injury.

46. Evans has suffered damages as a result of Defendant's induced infringement

and/orDefendant has been unjustly enriched by such infringement.

47. Evans is entitled to damages as a resuh of Defendant's induced infringement,

including but not limited to, adisgorgement ofall Defendant's profits, in an amount to be proven

at trial, as well as injunctive relief

48. At all relevant times, Defendant knew that the Roof N Box product was the

subject of a design patent.

49. Defendant willfully, knowingly, and intentionally induced mfringement of the

'509 Patent.

50. Evans is entitled to trebledamages for Defendant'swillful infringement.

51. Defendant's conduct, as alleged herein, renders this an "exceptional case" and

Evans is entitled to recover his attorney's fees and costs.

COUNT 111 - FEDERAL UNFAIR COMPETITION AND TRADE DRESSINFRINGEMENT

52. Plaintiffs incorporate by referenced Paragraphs 1-51, above as if fully set forth

herein.


53. Plaintiffs have acquired exclusive and protectable trade dress rights in the

packaging and/or design of the RoofN Box product.

54. The non-functional trade dress of the Roof N Box product includes its packaging

and/or design which includes asingle-story house, with removable roofing portions and layers of

roofing, siding, exterior shutters, outside lights, garage, window over garage, door lights, and

neutral colors, as depicted in Exhibit 6.

55. Plaintiffs' trade dress is inherently distinctive and/or has acquired secondary

meaning such that customers associate the trade dress with Plaintiffs and Plaintiffs' Roof NBox

product.

56. Defendant's use in commerce of Plaintiffs' trade dress constitutes a false

designation of origin and/or a false and misleading representation of fact that is likely to cause

confusion, deception, and mistake.

57. Defendant's use in commerce of Plaintiffs' trade dress wrongly suggests that

Defendant's roofing model is affiliated, connected, or associated with Plaintiffs; that Defendant's

roofing model is manufactured or distributed by Plaintiffs; or that Plaintiffs have sponsored,

endorsed or approved theDefendant's roofing model.

58. Defendant has infringed Plaintiffs' trade dress in violation of 11 U.S.C §1125(a),

and will continue to engage in such infringement unless enjoined by this Court.

59. Due to Defendant's trade dress infringement, Plaintiffs are suffering, and will

continue to suffer, irreparable injury.

60. Plaintiffs have suffered damages as a result of Defendant's trade dress

infringement and/or Defendant has been unjustly enriched by such infringement.


61. Plaintiffs are entitled to damages as a result of Defendant's trade dress

infringement, including but not limited to, a reasonable royalty, lost profits and/or disgorgement

ofall Defendant's profits, in an amount to be proven at trial, as well as injunctive relief

62. Defendant's trade dress infringement was willful and intentional, and Plaintiffs

are entitled to recover treble damages and attorney's fees and costs.

rOTINT TV - COMMON T.AW UNFAIRCOMPETITTON AND TRADE DRESSINFRINGEMENT

63. Plaintiffs incorporate by referenced Paragraphs 1-62, above as if fully set forth

here

64. Plaintiffs have acquired common law trade dress rights in the packaging and/or

design of the RoofN Box product.

65. Defendant's acts described herein are likely to confuse and deceive the public as

to the source and origin of Defendant's roofing model.

66. Defendant has violated Plaintiffs' common law trade dress rights and otherwise

engaged in unfair competition with Plaintiffs under the laws of the Commonwealth of Virginia

and other applicable state law, such as Texas and New Jersey, including by using Plaintiffs'

confidential information and the fruits of Plaintiffs' time, labor and expense, to compete with

Plaintiffs.

67. Defendant will continue to violate Plaintiffs' common law trade dress rights

and/or engage inunfair competition unless enjoined bythis Court.

68. Due to Defendant's common law trade dress infnngement and/or unfair

competition, Plaintiffs are suffering, and will continue to suffer, irreparable injury.


69. Plaintiffs have suffered damages as a result ofDefendant's violation ofPlaintiffs

common law trade dress rights and Defendant's unfair competition and/or Defendant has been

unjustly enriched by such wrongful conduct.

70. Plaintiffs are entitled to damages as a result of Defendant's common law trade

dress infringement and/or unfair competition, including but not limited to a reasonable royalty,

lost profits and/or disgorgement of Defendant's profits, in an amount to be proven at trial, as well

as injunctive relief

71. Defendant's actions were intentional, willful, and undertaken with malice and in

reckless disregard for Plaintiffs' rights, and therefore, Plaintiffs are entitled to recover punitive

damages.

COUNT V - STATUTORY UNFAIR COMPETITION

72. Plaintiffs incorporated by reference Paragraphs 1-71 above, as if fully set forth

herein.

73. Defendant's principal place of business is in New Jersey, and it is subject to the

laws ofNew Jersey, including N.J. Code §56:8-2.

74. N.J. Code §56:8-2 provides that "The act, use or employment by any person of

any unconscionable commercial practice, deception, fraud, false pretense, false promise,

misrepresentation, or the knowing concealment, suppression or omission of any material fact

with the intent that others rely upon such concealment, suppression or omission, in connection

with the sale or advertisement of any merchandise or real estate . . . whether or not any person

has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice."

75. Defendant's conduct, asalleged herein, violates N.J. Code §56:8-2.

10


76. Defendant, by its conduct, as alleged herein, will continue to violate N.J. Code

§56:8-2 unless enjoined by this Court.

77. Due to Defendant's violation of N.J. Code §56:8-2, Plaintiffs are suffering, and

will continue to suffer, irreparable injury.

78. Plaintiffs have been damaged by Defendant's violation ofN.J. Code §56:8-2.

79. Plaintiffs are entitled to recover damages in an amount to be proven at trial,

including treble damages, attorney's fees, and costs of suit, in addition to other legal or equitable

relief, including injunctive relief, as aresult of Defendant's violation ofN.J. Code §56:8-2.

WHEREFORE, Plaintiffs Stephen F. Evans and Roof N. Box, Inc. request that the Court

enter judgment in their favor and award them the following relief against the Defendant BuildmgMaterials Corporation ofAmerica d/b/a GAF-Elk Corporation:

a. On Counts MI, damages, including a reasonable royalty, lost profits, and/or

disgorgement of all Defendant's profits, in an amount to be proven at trial, trebledamages, attorney's fees and costs, and pre- and post-judgment interest as well asinjunctive relief.

b. On Count III, damages, including a reasonable royalty, lost profits and/or

disgorgement of all Defendant's profits, in an amount to be proven at trial, trebleattorney's fees and costs, and pre- and post-judgment interest as well as

injunctive relief.

c. On Count IV, damages, including a reasonable royalty, lost profits and/or

disgorgement of all Defendant's profits, in an amount be proven at trial, pumtive

damages, and pre- and post-judgment interest as well as injunctive relief

11


d. On Count V, damages in an amount to be proven at trial, including treble

damages, attorney's fees, and costs of suit, in addition to other legal or equitable relief,

plus pre- and post-judgment interest as well as injunctive relief.

e. Such other and further relief as the Court deems just and proper.

TRIAL BY JURY IS DEMANDED

Respectfully submitted,

STEPHEN F. EVANS andROOF N BOX, INC.

By; ^Gregory N. Stilknan (VSB No. 14308)Wendy McGraw (VSB No. 37880)HUNTON & WILLIAMS LLP500 East Main Street, Suite 1000Norfolk, VA 23510Telephone: 757.640.5300Facsimile: 757.625.7720Email: [email protected]

[email protected]

Counsel for Plsiintiffs

12


EXHIBIT 1

Case 1:16-cv-00282-GBL-IDD Document 1-1 Filed 03/14/16 Page 1 of 10 PageID# 13

•HiiiiiiiniiiiUSOl D575509S

(12) United States Design Patent (lo) Patent no.: US D575,509 sEvans (45) Date of Patent: ** Aug. 26,2008

(54) MODEL HOME DISPLAY AND CARRYINGCASE

(76) Inventor: Stephen Francis Evans, 508 DiamondPlum Cir., #203, Viiginia Beach, VA(US) 23452

(♦*) Term: 14 Years

(21) Appl. No.: 29/288,838

(22) Filed: Jun.25,2007

(51) LOC(8)Cl 03-01(52) U.S.CI D3/271.6(58) Field of Classification Search D3/270,

D3/271.1, 271.6, 294-295: D6/432.434;D7/628, 710: D9/600, 636, 640; D34/4;

206/822; 446/76, 476,478See application file for complete search history.

(56) References Cited

U.S. PATENT DOCUMENTS

1,630,117 A 5/1927 Faulkner 446/76

D 150,493 S 8/1948 Chin 021/511

D 164,224 S 8/1951 Oi'Camillo 099/41

2,589,588 A 3/1952 Winnemore 446/85

D177,9I7 S 6/1956 Luft 03/271.6

3,400,485 A 9/1968 Catlin etal 446/76

D230.661 S 3/1974 Andrews 03/238

D240,354 S 6/1976 Finkelstein 09/636

4,131,227 A 12/1978 Patton et al 229/116.4

D260,595 S 9/1981 Appel et al 07/710

4,359,185 A 11/1982 Castro 232/17

0267,531 S 1/1983 Lenger. Jr. 06/434

0267,615 S 1/1983 Lenger, Jr. 06/434

0274,738 S 7/1984 Niittall et al 021/511

0274,916 S 7/1984 Hunt 019/28

0275,118 S 8/1984 Edmisson et al 021/511

4,508,519 A 4/1985 Becker 446/478

4,755,159 A * 7/1988 Templeton et al 446/76

0308,124 S 5/1990 Janzer 099/30

5,294,123 A * 3/1994 Black 473/182

0370,343 S 6/1996 03/271.6

5,588,249 A 12/1996 43/61

6,260,707 B1 7/2001 206/575

0510,189 S 10/2005 03/295

5/0162847 Al If 7/2005 362/155

* cited by examiner

Primary Examiner—Gary D. WatsonAssistant Examiner—Roselynne Cody(74) Attorney, Agent, or Firm—William G. Sykes

(57) CLAIM

Tlie ornamental design for a model home display and carrying case, as shown.

DESCRIPTION

FIG. 1 is a front left isometric view ofa model home displayand carrying case showing my new design;

FIG. 2 is a left side plan view thereof;

FIG. 3 is a top plan view thereof;

FIG. 4 is a right side plan view tliereof;

FIG. 5 is a front plan view thereof;

FIG. 6 is a back plan view thereof;

FIG. 7 is a back right isometric view thereof; and,

FIG. 8 is a front left isometric view thereof showing twolayers of removal roofing.

1 Claim, 8 Drawing Sheets


U.S. Patent Aug. 26, 2008 Sheet 1 of 8 US D575,509 S

Fig.i


U.S. Patent Aug. 26,2008 Sheet 2 of 8 US D575,509 S

Fig. 2


U.S. Patent Aug. 26,2OO8 sheet 3of 8 US D575,509 S

//

Fig. 3


U.S. Patent Aug. 26,2OO8 sheet 4of8 US D575,509 S

Fig. 4



Fig-5



Fig. 6



Fig. 7


U.S. Patent Aug. 26,2008 Sheet 8 of 8 US D575,509 S

Fig. 8


EXHIBIT 2


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© 2010 GAF Materials Corporalion

R(DF BOX

Contractors Roofing Display

Helping customers understand the meaning of roofing terms such asvalley, hip, ridge, and other tenns can be extremely difficult. That iswhy ROOF 'N BOX created a 3 dimensional roofing sales,education, demonstration, and training visual aid tool designed tohelp explain the roofing process to potential customers.

This product separates you from other companies by allowing you tosuccessfully explain all aspects of roofing and product placement.The result? Increased credibility with the homeowner and the abilityto potentially close more sales!

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$75 per box (50% off normal cost of $150)

• Phone: 1-888-825-0795

• Email: [email protected]

• Online: www.roofnbox.com


EXHIBIT 3


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EXHIBIT 4


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JS44 (Scv. 12/12)

The JS 44 civil cover sheet and the infonnation contained herein neither rralece nor supplement the Hling and service ofpleadings orother papers wrMuired by'aw, exc^t asprovided local rules ofcourt. This form, approved by the Jtîci^ Conference ofthe United States in September 1974, isrequired for the use ofthe Clerk ofCourt for thepurpose onnitiating the civil docket sheet INSTRUaiONS ON NBJCr PAGEOFTHIS FORM.)

CIVIL COVER SHEET

I. (a) PLAINTIFFSStephen F. Evans and Roof N Box, Inc.

DEFENDANTS

Building MaterialsCorporationof America,d/b/aGAF-Elk Corporation

Residence ofFirst Listed Defendant Delaware | New Jefsev, ON V.S. PLAINTIFFCASES ONLY)

\ NfiJE: ^ tN LAND CONDEMNATION CASES, USE THE LOCATION OF'—^ ^ THE TRACT OFLAND INVOLVED.

(b) County of Residence of FirstListed Plaintiff Virginia Beach. VA(EXCEPT IN U.S. PLAINTIFF CASE!^ F=-jr^

I ' ;(c) Attorneys (Firm Name. AtUntxx, andTelephone Number) ] • ' /» n (- - (7^)640-53^ \ AHunton & Williams LLP500 E. Main Street, Suite 1000Norfolk. VA 23510

Attpmeys /-y Known)

<II. BASIS OF jurisdiction (Piacan "X"tnOne BaÔMy)

8 3 Federal Queition(UJi. Government Not a Party)

• I U.S. Government

PlaintifT

III. CITIZENShW* of principal ?ARTIES (Place an "X"i»On«BoxforPlamff(For Dmrsiry Cases Only) andOne Boxfor Defendant)

PTF DEP PTF DEFCitizen ofThifState 0 1 • 1 incoiporsted or PrincipaJ Place 0 4 0 4

ofBusineii In This State

• 2 U.S. GovemnientDefendant

O 110 IniuranceO 120 Marine

O 1.10 Miller ActO 140Negotiable InstnmtentO ISO Recoveryof Overpayment

& Enforcement of JudgmentO ISl Medicare ActO 152Recoveryof Defaulted

Snjdent Loans

(Excludes Veterans)O 153 Recovery ofOverpayment

of Veteran's Benefits

O 160 Stockholders'SuitsO 190 Other ContractO 195 Contract Product LiabilityO 196 Franchise

• 210 Land CondemnationO 220 Foreclosure

O 230 Rent Lease St êctmentO 240 Tom to Land

O 245 Ton Prtxiuct LiabilityO 290 All Other Real Property

O 4 Diversity(Indicate Cititenxhip ofParties in hem III)

PERSONAL INJURY

O 310 AirplaneO 315 AirplaneProduct

LiabilityO 320 Assault, Libel &

Slander

O 330Federal Employers'Liability

O 340 MarineO 345 Marine Product

LiabilityO 350 Motor VehicleO 355 Motor Vehicle

Product LiabilityO 360 Other Personal

InjuryO 362 Pers<^ Injury •

MecBwIJ

O 440 OtherCivil RightsO 441 VotingO 442 EmploymentO 443 Housing/

Accommodations

O 445 Amer. w/DisabiiitiesEmployment

O 446 Amer. w/DisabiiitiesOther

O 448 Education

PERSONAL INJURY

O 365 Penonal Injury •Product Liability

0 367 Health Care/Phannaceutical

Personal InjmyProduct Liîlity

O 368 Asbestos PersonalInjwy ProductLiability

PERSONAL PROPERTYO 370 Other FreudO 371 TrtUh in LendingO 380 Other Persona]

Property DamageO 385 Property Damage

Product Liability

Habeas Corpus:O 463 Alien Detainee

O 510 Motions to VacateSentence

O 530 GeneralO 535 Death Penalty

Other:O 540 Mandamus & OtherO 550 Civil RighttO 555 Prison ConditionO 560 Civil Detttnee •

Conditions of

Citizen ofAnother State

Citizen or Subject ofaFofeian Country

• 2 0 2 Incorporated 0n</Piincipa] PlaceofBusinei* In Another State

0 3 0 3 Foreign Nation

0 5 0 5

0 6 0 6

O 625DrugRelatedSeizureof Property21 USC881

O 690 Other

O 710 Fair Labor StandardsAct

O 720 Labor/ManagememRelations

O 740 Railway Labor ActO 751Family and Medical

Leave Act

O 790 Other Labor LitigationO 791 EmployeeRetirement

IncomeSecuri^ Act

O 462Naturalization ApplicationO 465 Other Immigration

Actions

0 422Appeal 28 use 1S8O 423 Withdrawal

28 use 157

O 820 Copyrightsa 830 PatentO 840 Trademarlc

O 86IHlA(I395fT)a 862 Black Lung (923)O 863 DIWOa)IWW (405(g))O 864 SSID Title XVIO 865 RSI (405(g))

• 870 Taxes (U.S.PIaintifror Defendant)

O 871 IRS—Third Party26 use 7609

O 375 False Claimi ActO 400 StateReappoitionmentO 410 AntitrustO 430 Banks and BankingO 450CommeroeO 460 DeportationO 470 Racketeer Influenced and

CorruptOrganizationsO 480 Consumer CreditO 490Cable««TVO 850 Securities/Commodities/

ExchangeO 890Other Statutory ActionsO 891 AgriculturalAcuO 893 Environmental MattersO 895 Freedom of Infonnation

Act

O 896 ArbitrationO 899 Administrative Procedure

Act/Review or Appeal ofAgency Decision

O 9S0eonstinttionBlityofState Statutes

V, origin (Place an "X"inOneBox Only)S 1 Original O 2 Removed from O 3 Remanded from • 4 Reinstated or OS Transferred from • 6 Multidistrict

Proceeding State Court Appellate Court Reopened pother District Litigation

VI, CAUSE OF ACTION

Cite the U.S. Civil Statute under which you arc filing (Do notdteJuHsdlethiuilstatuteii umless Ovmity):28 United States Code §§ 1331 and 1338(a)Briefdescription of cause; .

VII. REQUESTED INCOMPLAINT:

• CHECK IF THIS IS ACLASS ACTION DEMAND S CHECK YES only ifdemanded in complaint:UNDER RULE 23, F.R.Cv.P. In excess of 1,000,000.00 JURY DEMAND: >1 Yes 0 No

VIII. RELATED CASE(S)IF ANY

(See instructions): DOCKET NUMBER

date \ SIGNATURE OF ATJÊY OF RECORD0341/2016 UJvqUdUi C-. l/a-

RECEIPT M AMOUNT APPLYING IFP JUDGE MAG. JUDGE


JS44Revene (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS44AuthorityFor Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings tmd seivice ofpleading or other papers asrequired by law, except as provided by local rules ofcourt. This form, approved by the Judicial Conference of the United States in September 19^, isrequired for the use ofthe Clerk ofCourt for the purpose of initiating the civil docket sheet. Consequently, acivil cover sheet is submitted to the Clerk otCourt for each civil complaint filed. The attorney filing acase should complete the foim as follows:

I(a) Plaiatifib-Defendaots. Enter names (last, first, middle initial) ofplaintiffand defendant. Ifthe plaintiffor defendant is agovernment agency, useonly the fiill name or standard abbreviations. If the plaintiffor defendant is an official within agovernment agency, idemify first the agency andthen the official, giving both name and title. ^ . j -u th.County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name ofthe county where the first listed plaintiff resides at thetime offiling. In U.S. plaintiffcases, enter the name of the county in which the first listed defendant resides at the time of tiling. (NOTE; In landcondemnation cases, the county ofresidence ofthe "defendant" is the location ofthe tract ofland involved.) u .Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, notirin this section "(see attachment)".

II. Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a). F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "Xin one ofthe boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below. . ,United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies uid officers of the UnitedStates are included here.United States defendant. (2) When the plaintiff is suing tiie United States, its officers or agencies, place M X in this l»x.Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the Unued States, an amendmenito the Constitution, an act ofCongress or atreaty of the United States. In cases where the U.S. is aparty, the U.S. plaintiffor defendant code takesoTvw^ '̂̂ fdfttSip°\4)^^^^^ under 28 U.S.C. 1332, where parties are citizens ofdifferent states. When Box 4iscitizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversitycases.)

(c|tlMo.hl|.) ofPrincipal Parties. ThU section of(he JS 44 is to be completed ifdiversity ofcitizenship was indicated above. Marie th|ssection for each principalparty.

(b)

(c)

ni.

IV. Nature ofSuit. Place an "X" in the appropriate box. If the nature ofsuit cannot be determined, be sure the cause ofaction, in Section VI below, issufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine tfie nature ofsuit. If the cause fits more thaione nature of suit, select the most definitive.

V. Origin. Place an"X" inone of the sixboxes.Original Proceedings. (1) Cases which originate in tiie United States district courts. ^ ^ . ^.-.i oa tt c r uaiRemoved from State Court. (2) Proceedings inhiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.When the petition forremoval isgranted, check this box. ^ ^ j . r .u« r.ii«rRemanded from Appellate Court (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filinj,

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or

NliiltidiS^^ this box when amultidistrict case is transferred into the district under auUiority ofTitle 28 U.S.C. Section 1407When this box is checked, do not check (5) above.

VI. Cause ofAction. Report the civil statute directiy related to the cause ofaction and give abrief description ofthe cause. Do not cite jurisdictionastatutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 BriefDescription: Unauthorized reception ofcable service

Vn. Requested io Complaint Class Action. Place an "X" in this box ifyou are filing aclass action under Rule 23, F.R.Cv.P.Demand. In tiiis space enter the actual dollar amount being demanded or indicate other demand, such as apreliminary injunction.Juiy Demand. Check tiie appropriate box toindicate whether ornot ajury isbeing demanded.

Vni. Related Cases. This section ofthe JS 44 isused to reference related pending cases, ifany. Ifthere are related pending cases, insert the docketnumbers and the corresponding judge names for such cases.

Date and Attorney Signature. Dateandsigndie civilcoversheet


WL JAMS

March 14,2016

HUNTON & WILLIAMS LLP

500 EAST MAIN STREET

SUITE 1000

NORFOLK, VIRGINIA 23510

TEL 757 • 640 • 5300

FAX 757'625 >7720

WENDY C. MCGRAW

DIRECT DIAL: 757 • 640 • 5336

EMAIL: [email protected]

FILE NO: 86612.2

By Hand Delivery

Honorable Fernando Galindo

Clerk, United States District CourtEastern District of Virginia600 Granby StreetNorfolk, VA 23510

Stephen F. Evans and Roof N Box, Inc. v.Building Materials Corporation of America, d/b/a GAF-Elk Corporation

New COMPLAINT

Dear Mr. Galindo:

We enclose for filing on behalf of Stephen F. Evans and Roof N Box, Inc.:

• Original Complaint;

• Civil Cover Sheet;

• Summons;

• Financial Interest Disclosure Statement;

• Report on the Filing or Determination of an Action Regarding a Patent or Trademark;and

• Filing fee in the amount of $400.00.

We respectfully request that your office contact us when the service package is ready for pickup. Wewill arrange service on the Defendant by private process server.

Thank you for your cooperation.

WCM/lpj

Enclosures

Very truly yours,

kWcUOrWendy C. McGraw

RECEIVEDIWAiLROOM

MAR I 5 ^nie

CLERK. U S. nic-ALFX' , .s

ATLANTA AUSTIN BANGKOK BEIJING BRUSSELS CHARLOTTE DALLAS HOUSTON LONDON LOS ANGELES

McLEAN MIAMI NEW YORK NORFOLK RALEIGH RICHMOND SAN FRANCISCO TOKYO WASHINGTON

www.hunton.com


DistHct CouttReceipt ferabers 24&e30383£4CashisrUs tlevinsoTransaction Dates @3/14/2016Pap Naies HONTOH fiHS yiLM :CimFILWGFEE

Fots MUMTOH SHD SILiM .:vflBOuntr r ;/,• ;$4S8Ja

•ilteCH ' 'Check/feiffiy OifdeT ta 1022737AtiTendeTBds 1488.06

Total Due? : .Total TendeTed5 f40yCfiange Ms $iJ@HUHTOH S MILLIAilS

'lsl6cv28S


evans v. building materials - complaint

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