Palantir Technologies Inc. v. Abramowitz et al

Filing 1

NOTICE OF REMOVAL OF CIVIL ACTION UNDER 28 U.S.C. 1441(A) from Santa Clara County Court. Their case number is 16cv299476. (Filing fee $400 receipt number 0971-13816085). Filed byMarc Abramowitz Charitable Trust No. 2, KT4 Partners LLC, Marc L. Abramowitz. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, Filing Error see dkt #23 , #24 for corrected#3 Exhibit 2, part 1)(DiCanio, Jack) (Filed on 10/22/2019) Modified on 10/29/2019 (sfbS, COURT STAFF).

Case 5:19-cv-06879 Document 1 Filed 10/22/19 Page 1 of 4

1 JACK P. DICANIO (SBN 138782)
[e-mail]
2 ALLEN RUBY (SBN 47109)
[e-mail]
3 NIELS J. MELIUS (SBN 294181)
[e-mail]
4 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
525 University Avenue
5 Palo Alto, California 94301
Telephone: [phone]
6 Facsimile: [phone]
7 BARRY SIMON (pro hac vice application forthcoming)
[e-mail]
8 JONATHAN B. PITT (pro hac vice application forthcoming)
[e-mail]
9 STEPHEN L. WOHLGEMUTH (pro hac vice application forthcoming)
[e-mail]
10 WILLIAMS & CONNOLLY LLP
725 Twelfth Street, N.W.
11 Washington, D.C. 20005
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for Defendants
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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PALANTIR TECHNOLOGIES INC.,
Plaintiff,

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v.

CASE NO.: 5:19-cv-6879
DEFENDANTS’ NOTICE OF REMOVAL OF
CIVIL ACTION UNDER 28 U.S.C. § 1441(A)
(FEDERAL QUESTION)

21 MARC L. ABRAMOWITZ, in his individual
capacity and as trustee of the MARC
22 ABRAMOWITZ CHARITABLE TRUST NO.
2, KT4 PARTNERS LLC, and DOES 1
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through 50, inclusive,
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Defendants.
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NOTICE OF REMOVAL

CASE NO. 5:19-CV-6879

Case 5:19-cv-06879 Document 1 Filed 10/22/19 Page 2 of 4

1 TO THE CLERK OF THE ABOVE-ENTITLED COURT:
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PLEASE TAKE NOTICE that Defendants Marc L. Abramowitz, KT4 Partners LLC, and the

3 Marc Abramowitz Charitable Trust No. 2 (collectively, “Defendants”), by and through their attorneys,
4 hereby remove to this Court, pursuant to 28 U.S.C. §§ 1331, 1441(a), and 1446, the state court action
5 described below. In support of this removal, Defendants state as follows:
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FEDERAL QUESTION JURISDICTION
1.

Removal of the state court action described below is proper under 28 U.S.C. § 1441(a)

8 because the district courts of the United States have original jurisdiction over the action. As set forth
9 below, this Court has original jurisdiction in this action pursuant to 28 U.S.C. § 1331 because the Third
10 Amended Complaint (“TAC”) asserts a cause of action arising under federal law—specifically, the
11 federal civil RICO statue, 18 U.S.C. § 1962. TAC ¶¶ 49-53 (filed October 18, 2019, attached hereto in
12 Exhibit 2). Accordingly, Defendants hereby remove this action pursuant to 28 U.S.C. § 1441(a). See,
13 e.g., Churchill Village, L.L.C. v. General Electric, 361 F.3d 566, 573-575 (9th Cir. 2004).
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THE STATE COURT ACTION
2.

On September 1, 2016, Palantir Technologies Inc. (“Palantir”) commenced this action in

16 the Superior Court of the State of California in and for the County of Santa Clara (“Superior Court”),
17 entitled Palantir Technologies Inc. v. Marc L. Abramowitz, et al., as case number 16CV299476.
18 Palantir filed a First Amended Complaint on September 23, 2016. On March 20, 2017, Palantir sought
19 leave to file a Second Amended Complaint, and leave was granted on May 5, 2017.
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3.

On June 26, 2019, Plaintiff sought leave to file a TAC. Plaintiff’s proposed amendments

21 to the Second Amended Complaint included adding a new federal cause of action under the federal
22 Racketeer Influenced and Corrupt Organizations (“RICO”) Act against all Defendants. The Superior
23 Court granted Plaintiff’s motion for leave to amend on October 17, 2019, and Palantir filed the TAC on
24 October 18, 2019. See Ex. 2. The TAC asserts four causes of action: (1) a federal civil RICO claim
25 under 18 U.S.C. § 1962; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing;
26 and (4) trade secret misappropriation under Cal. Civ. Code § 3426 et seq.
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NOTICE OF REMOVAL

CASE NO. 5:19-CV-6879

Case 5:19-cv-06879 Document 1 Filed 10/22/19 Page 3 of 4

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REMOVAL IS TIMELY

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4.

The California Superior Court granted Plaintiff’s motion for leave to amend on October

3 17, 2019. This Notice of Removal is timely, having been filed within thirty (30) days after that date.
4 See 28 U.S.C.§ 1446(b).
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REMOVAL TO THE PROPER COURT / INTRADISTRICT ASSIGNMENT

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5.

The U.S. District Court for the Northern District of California, San Jose Division, is the

7 “district and division within which [the state court action] is pending,” i.e., Santa Clara County,
8 California. Thus, venue in this Court is proper under 28 U.S.C.§ 1446(a). Further, pursuant to Civil
9 L.R. 3-2(c), venue is proper in this Court because the action allegedly arises in Santa Clara County.
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ALL DEFENDANTS HAVE CONSENTED TO REMOVAL

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6.

The undersigned counsel represent all named Defendants in this case, and all Defendants

12 consent to removal. The consent of the remaining unnamed Doe defendants is not required. See Fristoe
13 v. Reynolds Metals Co., 615 F.2d 1209, 1213 (9th Cir. 1980) (unnamed defendants not required to join
14 in removal petition).
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PLEADINGS AND PROCESS

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7.

In compliance with 28 U.S.C. § 1446(a), a “copy of all process, pleadings, and orders

17 served upon” Defendants in Palantir Technologies Inc. v. Marc L. Abramowitz, et al., Case No.
18 16CV299476, are attached collectively hereto as Exhibit 2. A copy of the publicly available state court
19 register of actions/docket for Case No. 16CV299476 is attached hereto as Exhibit 1.
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NOTICE TO PLAINTIFF AND STATE COURT

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Pursuant to 28 U.S.C. § 1446(d), Defendants will promptly serve upon Plaintiff’s counsel

22 of record and file with the Santa Clara County Superior Court a true and correct copy of this Notice.
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By removing this action to this Court, Defendants do not waive but instead expressly preserve

24 any and all arguments and defenses available to them.
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WHEREFORE, Defendants respectfully remove this action from the Superior Court of the State

26 of California, in and for the County of Santa Clara, to this Court pursuant to 28 U.S.C. § 1441(a).
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NOTICE OF REMOVAL

CASE NO. 5:19-CV-6879

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1 DATED: October 22, 2019

Respectfully submitted,

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SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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By:

/s/ Jack P. DiCanio
Jack P. DiCanio
Attorneys for Defendants

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NOTICE OF REMOVAL

CASE NO. 5:19-CV-6879