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WILLIAM J. OREILLY,
NOTICE OF REMOVAL
Plaintiff,
v. ECF Case
through his undersigned counsel, hereby removes the above-captioned action from the Supreme
Court of the State of New York, County of Nassau, to the United States District Court for the
Eastern District of New York pursuant to 28 U.S.C. 1332, 1441, and 1446, and states as
follows:
notice (the Summons) against Defendant in the Supreme Court of the State of New York,
County of Nassau. The Index # is 611541/2017. A true and correct copy of the Summons is
attached hereto as Exhibit A, which constitutes all pleadings and process in this action.
3. According to the Summons, Plaintiff claims that Defendant is liable to him for
defamation and for intentional infliction of emotional distress, and Plaintiff seeks damages of at
least $5 million.
4. The Court has original jurisdiction over this action under 28 U.S.C.
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1332(a)(1), because this is an action between citizens of different states and the amount in
6. Less than thirty days have passed since Plaintiff filed the Summons on October
27, 2017. On information and belief, Plaintiff has not yet filed a complaint.
7. Although Defendant has not been served with the Summons, [s]ervice of
process upon a removing defendant is not a prerequisite to removal. La Russo v. St. Georges
8. In this case, the Summons was disseminated to and published by media outlets,
and Plaintiff has spoken to the media and the public about the action. Defendant learned of the
9. Given that Defendant has seen the Summons, which contains sufficient
information to ascertain removability, Defendant is filing this Notice of Removal before the
thirty-day removal period could be considered to have lapsed pursuant to Rule 1446(b).
DIVERSITY OF CITIZENSHIP
10. The Summons alleges that Plaintiffs place of resident is Nassau County, New
York.
allow the defendant to allege citizenship for removal purposes. Gutierrez v. Home Depot USA,
Inc., No. 03 Civ. 3709, 2003 WL 22801808, at *1 (S.D.N.Y. Nov. 26, 2003); see also MBIA
Ins. Corp. v. Royal Bank of Canada, 706 F.Supp.2d 380 (S.D.N.Y. 2009).
12. The Summons in this case also lists Defendants address as a P.O. Box in New
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Jersey. Defendants residence and domicile is in the State of New Jersey. Defendant is a
citizen of New Jersey for purposes of 28 U.S.C. 1332, and of no other state or jurisdiction.
other state or jurisdiction other than New York, and whether he is a citizen of any state or
14. At the time of filing of the Summons and at the time of removal, Plaintiff is and
was a citizen of New York, and Defendant is and was a citizen of New Jersey; therefore the
AMOUNT IN CONTROVERSY
16. As the Summons seeks $5 million, the amount in controversy exceeds $75,000,
CONCLUSION
17. Pursuant to 28 U.S.C. 1446(d), Defendant will promptly give written notice of
this Notice of Removal to Plaintiffs counsel of record and will file a copy of this Notice of
Removal with the clerk of the state court in which the New York State action is pending.
18. Pursuant to Local Rule 81.1, Plaintiff must file in the office of the Clerk a
includes Plaintiffs residence, domicile, and citizenship for purposes of 28 U.S.C. 1332.
WHEREFORE, Defendant requests that this civil action be removed from the Supreme
Court of the State of New York, County of Nassau, to the United States District Court for the
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Respectfully submitted,
MARK RISK, PC
TO:
Hoguet Newman Regal & Kenney, LLP
Fredric S. Newman, Andrew N. Bourne
10 East 40th Street, 35th Floor
New York, NY 10016