Seavey v. KAI, USA, Ltd. et al

Filing 1

NOTICE OF REMOVAL by KAI, USA, Ltd. from Superior Court for the State of Alaska at Bethel, case number 4BE-11-513CI. ( Filing fee $ 350 Receipt #ANC005126) (Attachments: # 1 Exhibit A - State Court Complaint, # 2 Exhibit B - Written Consent for Removal, # 3 Exhibit C - State Court Notice)(JAE, COURTSTAFF)

Cynthia L. Ducey
Delaney Wiles, Inc.
1007 West 3rd Avenue, Suite 400
Anchorage, AK 99501
Phone: [phone]
Fax:
[phone]
[e-mail]
Attorneys for Defendant, KAI USA Ltd.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
MITCHELL SEAVEY,
Plaintiff,
vs.
KAI, USA LTD, d/b/a KERSHAW
KNIFE COMPANY; SPORTSMAN’S
WAREHOUSE, INC.,
Defendants.

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Case No. ________________

NOTICE OF REMOVAL OF CASE FROM STATE COURT
(SUPERIOR COURT NO. 4BE-11-00513 CIVIL)
TO THE DISTRICT COURT OF THE UNITED STATES, DISTRICT OF
ALASKA, AND TO PLAINTIFF AND HIS ATTORNEY OF RECORD:
PLEASE TAKE NOTICE that Defendant, KAI USA Ltd., d/b/a Kershaw
Knife Company (hereinafter “Kershaw”), pursuant to 28 U.S.C. §
1446, and contemporaneous with the filing of this Notice, is
effectuating the removal of the above-referenced action from the
Superior Court of the State of Alaska, Fourth Judicial District, to

Notice of Removal
Seavey v. KAI USA Ltd., et al

Page 1 of 4
Case No. _________________

the United States District Court for the District of Alaska.

The

removal is based on the following grounds:
1.

On or about December 19, 2011, there was filed in the

Superior Court for the State of Alaska the above-titled action,
Case No. 4BE-11-00513 CI.
2.

On or about January 9, 2012, the Defendant was served

with a copy of the Complaint, via certified mail, at the corporate
offices of Defendant in Tualatin, Oregon.
3.
Judicial

A true and correct copy of the Complaint and Summons and
Assignment

are

attached

hereto

as

Exhibit

A

and

is

incorporated by reference herein as though fully set forth.
4.

The United States District Court has jurisdiction over

the superior court action in this matter, based on diversity of
citizenship of the parties pursuant to 28 U.S.C. § 1332.
5.

Plaintiff is a resident of Alaska.

On information and

belief, and without conceding same, Plaintiff’s claims exceed
$75,000.
6.

See Complaint at ¶ 1; Prayer for Relief ¶ 1.
Defendant, Kershaw is a corporation organized under the

laws of the state of Oregon with its principal place of business in
Tualatin, Oregon.
7.

Its corporate citizenship is Oregon.

Defendant, Sportsman’s Warehouse, Inc., is a corporation

organized under the laws of the state of Utah with its principal
place of business in Midvale, Utah.

Its corporate citizenship is

Utah.
Notice of Removal
Seavey v. KAI USA Ltd., et al

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Case No. _________________

8.

This notice of removal is timely filed under 28 U.S.C. §

1446 as it is filed within 30 days of receipt of a copy of the
complaint by Defendant Kershaw, which sets out a claim for relief.
9.

Defendant Sportsman’s Warehouse, Inc. expressly consents

to this notice of removal.

A copy of Sportsman’s Warehouse, Inc.’s

Written Consent for Removal is attached hereto as Exhibit B.
10.

In compliance with 28 U.S.C. 1446(d), Kershaw: (i) hereby

gives its written notice to Plaintiff of the removal; and (ii), is
filing the Notice to Superior Court of Filing Notice of Removal
attached

as

Exhibit

C

with

the

clerk

of

the

state

court

contemporaneously with this notice in federal court.
DATED this 23rd day of January, 2012 at Anchorage, Alaska.
DELANEY WILES, INC.
Attorneys for Defendant
KAI USA Ltd.
d/b/a Kershaw Knife Company
/s/ Cynthia L. Ducey
1007 West 3rd Avenue, Suite 400
Anchorage, AK 99501
Phone: [phone]
Fax:
[phone]
[e-mail]
Alaska Bar No. 8310161

Notice of Removal
Seavey v. KAI USA Ltd., et al

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Case No. _________________

CERTIFICATE OF SERVICE
I hereby certify that on this
23rd day of January, 2012, a
copy of foregoing document was
served by mail on:
William H. Ingaldson
Ingaldson, Maassen & Fitzgerald, P.C.
813 West 3rd Avenue
Anchorage, AK 99501
John J. Tiemessen
Clapp, Peterson, Tiemessen, Thorsness & Johnson, LLC
411 Fourth Avenue, Suite 300
Fairbanks, AK 99701
/s/Cynthia L. Ducey
4814-5856-3086, v.

1

Notice of Removal
Seavey v. KAI USA Ltd., et al

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Case No. _________________