Cygnus Systems, Inc. v. Microsoft Corporation, et al

Filing 233

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Cygnus Systems, Inc. v. Microsoft Corporation, et al Doc. 233 1 2 3 4 5 6 7 8 9 10 Bryan Cave LLP Two North Central Avenue, Suite 2200 Phoenix, Arizona 85004-4406 (602) 364-7000 BRYAN CAVE LLP, #00145700 Jay A. Zweig, #011153 Caroline K. Larsen, #022547 Two North Central Avenue, Suite 2200 Phoenix, Arizona 85004-4406 Telephone: (602) 364-7000 jay.zweig@bryancave.com caroline.larsen@bryancave.com Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JULIO CESAR CASTILLO, Plaintiff, vs. ROOFING WHOLESALE COMPANY, INC., an Arizona corporation, Defendant. Case No. NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. 1331 AND 1441(b) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE CLERK OF THE ABOVE-ENTITLED COURT: PLEASE TAKE NOTICE that Defendant Roofing Wholesale Company, Inc. hereby removes to this Court the state court action described below. 1. On February 11, 2008, Plaintiff filed a Complaint in the Superior Court in and for the County of Maricopa. The Complaint is captioned Julio Cesar Castillo v. Roofing Wholesale Company, Inc., an Arizona corporation, Case No. CV 2008-003188. The Summons, Complaint and Certificate of Compulsory Arbitration were served upon Defendant Roofing Wholesale on February 27, 2008, as demonstrated by the Affidavit of Service. Copies of the pleadings served on Defendant are attached hereto as Exhibit A. 608711.1\0218823 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 Bryan Cave LLP Two North Central Avenue, Suite 2200 Phoenix, Arizona 85004-4406 (602) 364-7000 2. The Summons, Complaint and Certificate of Compulsory Arbitration are the initial pleadings setting forth Plaintiff's claims for relief. Defendant filed and served its Answer and Certificate Regarding Compulsory Arbitration on Plaintiff's counsel March 18, 2008. Copies are attached hereto as Exhibit B. There have been no other forms of process, pleadings and/or orders served in this matter. 3. This action is a civil action of which this Court has original jurisdiction under 28 U.S.C. 1331, and is one which may be removed to this Court by Defendant pursuant to the provisions of 28 U.S.C. 1441(b) in that Plaintiff's claims arise under the laws of the United States. Plaintiff accuses Defendant of wrongful termination and violation of the Family & Medical Leave Act, 29 U.S.C. 2601 et seq. ("FMLA"). 4. Defendant has served a copy of this Notice on Plaintiff. A copy of the 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice has also been filed with the state court clerk, as attached hereto as Exhibit C. 5. True and complete copies of all pleadings and other documents previously filed with the state court have been attached hereto, as evidenced and verified by the signature of counsel below. 6. This Notice is signed pursuant to Rule 11, Federal Rules of Civil Procedure, as required by 28 U.S.C. 1446(a) and Rule 3.7, Rules of Practice of the United States District Court for the District of Arizona. DATED this 19th day of March, 2008. BRYAN CAVE LLP By s/ Caroline K. Larsen Jay A. Zweig Caroline K. Larsen Two North Central Avenue, Suite 2200 Phoenix, AZ 85004-4406 Attorneys for Defendant 608711.1\0218823 2 1 2 3 4 5 6 7 8 9 10 Bryan Cave LLP Two North Central Avenue, Suite 2200 Phoenix, Arizona 85004-4406 (602) 364-7000 ORIGINAL of the foregoing electronically filed and COPY mailed this 19th day of March, 2008, to: Caroline A. Pilch Yen, Pilch, Komadina & Flemming, P.C. 6017 N. 15th Street Phoenix, Arizona 85014 s/ Sheri L. Patrick 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 608711.1\0218823 3

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