Patton v. Phoenix School of Law LLC

Filing 1

NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2011-050840 Filing fee received: $350.00, receipt number PHX 0970-5181655, filed by Phoenix School of Law LLC (submitted by David Schwartz). (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Supplemental Cover Sheet)(REK)

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1 2 LAW OFFICES UDALL, SHUMWAY & LYONS, P.L.C. 30 WEST FIRST STREET MESA, ARIZONA 85201-6695 3 Telephone: (480)461-5300 Fax: (480)833-9392 4 David R. Schwartz - #009264 5 Attorneys for Defendant Phoenix School of Law 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 Angela Patton, NO. 9 Plaintiff, 10 NOTICE OF REMOVAL FROM v. STATE COURT TO FEDERAL 11 COURT Phoenix School of Law, 12 Defendants. 13 14 15 TO THE CLERK OF THE UNITED STATES DISTRICT COURT, DISTRICT OF 16 ARIZONA 17 Notice is hereby given that Defendant Phoenix School of Law, LLC, a Delaware limited 18 liability company, hereby removes the entire action described below to the United States District 19 Court, District of Arizona, pursuant to 28 U.S.C. § 1446: 20 1. On or about January 31, 2011, Plaintiff Angela Patton, pro per, filed (A) a “Request 21 for Temporary Restraining Order w/out Notice” (“Request”) and (B) a “Certificate of Compulsory 22 Arbitration” (“Certificate”) in Maricopa County Superior Court, cause no. CV 2011-050840 23 (“State lawsuit”), against the Defendant. A true and accurate copy of the Request is attached 24 hereto as Exhibit 1. A true and accurate copy of the Certificate is attached hereto as Exhibit 2. 25 The request for a temporary restraining order was denied by the State Court in a minute entry. 26 A true and accurate copy of the minute entry is attached hereto as Exhibit 3. Exhibits 1-3 were 27 not served upon Defendant. 28 2. On or about February 23, 2011, Plaintiff filed (A) a “Complaint and Request for 1 Preliminary Injunction” (“Complaint”), (B) a “Plaintiff’s Notice of Motion for Preliminary 2 Injunction, Order to Show Cause; and Memorandum of Points and Authorities in Support” 3 (“Notice of Motion”), and (C) “Request - Affidavit for Order to Show Cause” (“Affidavit”) in the 4 State Lawsuit. A true and accurate copy of the Complaint is attached hereto as Exhibit 4. A true 5 and accurate copy of the Notice of Motion is attached hereto as Exhibit 5. A true and accurate 6 copy of the Affidavit is attached hereto as Exhibit 6. 7 3. On or about March 10, 2011, the State Court issued an Order to Show Cause. A true 8 and accurate copy of the Order to Show Cause is attached hereto as Exhibit 7. 9 4. The Request (Ex. 1, p. 2), Complaint (see Ex. 4, ¶ 18-19, 21), and Notice of Motion 10 (see Ex. 5, p. 3, 5) filed in the State lawsuit allege a claim under Title III of the Americans with 11 Disabilities Act (“ADA”), 42 U.S.C. § 12181 et seq. Such claim raises federal questions under 12 which this Court would have original jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343(a)(3), 42 13 U.S.C. § 2000a-3(a) and 42 U.S.C. § 12188(a) (which permits in ADA Title III cases the 14 powers, remedies, and procedures set forth in 42 U.S.C. § 2000a-3(a)) if it had been brought 15 initially in this Court. 16 5. The State Court action is removable to this Federal Court pursuant to 28 U.S.C. § 17 1441(a)-(b) because this Court would have original jurisdiction over the federal law claim under 18 the ADA. 19 6. All Defendants have joined in this removal. There is only one named Defendant. 20 7. This removal is timely filed pursuant to 28 U.S.C. § 1446(b) as it was filed within 21 thirty days after receipt by Defendant, through service or otherwise, of a copy of the initial 22 pleading setting forth the claim for relief. 23 8. Attached hereto as Exhibits 4 through 7 are all process, pleadings and orders served 24 upon Defendant in the State Court action. Such pleadings were served on April 1, 2011 by 25 acceptance of service as reflected in the pleadings, a true and accurate copy of which are attached 26 hereto as Exhibit 8. 27 . . . 28 . . . 2 1 9. Defendant shall be filing promptly a notice of removal with the State Court in 2 compliance with 28 U.S.C. § 1446(d). 3 DATED: April 15, 2011. 4 UDALL, SHUMWAY & LYONS, P.L.C. 5 /s/ David R. Schwartz David R. Schwartz 30 West First Street Mesa AZ 85201 Attorneys for Defendant Phoenix School of Law 6 7 8 9 10 CERTIFICATE OF SERVICE 11 I hereby certify that on April 15, 2011, I electronically transmitted the attached document 12 to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 13 None (this is case initiating document) 14 I further certify I caused a copy of the attached document to be mailed first class mail, postage 15 prepaid, to: 16 17 18 Angela Patton 15221 N. Clubgate Dr., #2123 Scottsdale, AZ 85254 Plaintiff Pro Per 19 /s/ David R. Schwartz 20 3624243.1 \ 109042-00001 21 22 23 24 25 26 27 28 3

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