Netquote Inc. v. Byrd

Filing 1

Netquote Inc. v. Byrd

Doc. 1

Case 1:07-cv-00630-DME-MEH

Document 1

Filed 03/29/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. _________________ NETQUOTE, INC., a Colorado corporation Plaintiff, v. BRANDON BYRD, Defendant.

NOTICE OF REMOVAL COMES NOW BRANDON BYRD, Defendant in the above-styled action, and pursuant to 28 U.S.C. § 1446(d), files this its Notice of Removal, showing the Court as follows: 1. On October 31, 2006, Plaintiff NETQUOTE, Inc. filed the instant lawsuit

as a John Doe complaint. The complaint was later amended to identify Melissa Buchschacher as the defendant. By Order dated February 20, 2007, Brandon Byrd was substituted as the named defendant and Melissa Buchschacher was dismissed as a party. Brandon Byrd was served with this action, styled Netquote, Inc. v. Brandon Byrd, Civil Action File Number 2006CV11463 on February 28, 2007. 2. True and correct copies of the Complaint, Amended Complaint, Second

Amended Complaint, Summons, and all other documents filed in the State Court including the Answer and Defenses of Brandon Byrd are attached hereto as "Exhibit A." -1#1236153 v1

Dockets.Justia.com

Case 1:07-cv-00630-DME-MEH

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Filed 03/29/2007

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3.

This action was filed by Plaintiff NETQUOTE, Inc., a corporation

organized and existing under the laws of Colorado with its principal place of business in Colorado. 4. 5. Defendant Brandon Byrd is a citizen and resident of the State of Georgia. Plaintiff alleges that as a result of Defendant's conduct that it suffered

damages which give rise to claims of fraud and tortious interference. 6. amount. 7. Although Plaintiff's Complaint does not seek a specified amount of Plaintiff's Complaint seeks recovery of damages in an unspecified

damages, it is apparent from the face of the Complaint that Plaintiff seeks recovery of money damages in excess of $75,000.00, exclusive of interest and costs. 8. This case is removable to this Court because complete diversity of

citizenship exists between all parties and because Plaintiff seeks recovery of money damages in excess of the jurisdictional amount. Thus, pursuant to 28 U.S.C. § 1441, et seq., this action is properly removed to the United States District Court for the District of Colorado, Denver Division. 9. Defendant has complied with all conditions precedent to removal.

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WHEREFORE, Defendant Brandon Byrd prays that this case proceed in this Court as a removed claim or cause of action under 28 U.S.C. § 1332. et seq. Respectfully submitted,

s/Rachel L. Eichenbaum Teresa L. Ashmore Rachel L. Eichenbaum HOLME ROBERTS & OWEN LLP 1700 Lincoln Street, Suite 4100 Denver, CO 80203 Telephone: [phone] Facsimile: [phone] and Ryan L. Isenberg, Esq. Isenberg & Hewitt, P.C. 7000 Peachtree Dunwoody Road Building 15, Suite 100 Atlanta, Georgia 30328 770-351-4400 (Voice) 678-990-7737 (Fax) www.isenberg-hewitt.com

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Case 1:07-cv-00630-DME-MEH

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Filed 03/29/2007

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CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 29th day of March, 2007, I electronically filed the a true and correct copy of the foregoing NOTICE OF REMOVAL with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: Christopher P. Beall FAEGRE & BENSON LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, CO 80203 Email: [e-mail] Clerk of Court District Court, City and County of Denver 1437 Bannock Street Denver, CO 80202

s/ Rachel L. Eichenbaum­ Signature on File

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