Toffoloni v. LFP Publishing Group, LLC

Filing 1

NOTICE OF REMOVAL with COMPLAINT filed by LFP Publishing Group, LLC. (Filing fee $350 receipt number 574099) (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(dr) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Additional attachment(s) added on 2/7/2008: # 3 Memorandum continued) (dr).

Toffoloni v. LFP Publishing Group, LLC

Doc. 1

FILED I N GERMS OFFICE U s a c ar;4r?
ta IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
MAUREEN TOFFOLONI, as Administrator and Personal Representative of the ESTATE OF NANCY E. BENOIT,

FEB 0 6 2DM
JAMES N . Hit

Civil Action File No .

Plaintiff
V.

no i0fty

i

LFP PUBLISH ING GROUP, LLC, d/b/a Hustler Magazine, MARK SAMANSKY, an individual, and other distributors and sellers of Hustler Magazine, as Defendants X, Y, and Z, Defendants .

N O TI CE OF REMOVAL TO : THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA : Defendant LFP Publishing Group, LLC ("Defendant"), by and through its undersigned counsel, respectfully petitions this Court for removal of the above-entitled action from the
Superior Court of Fayette County , State of Georgia, to the United States District Court for the

Northern District of Georgia, pursuant to 28 U .S .C . §§ 1441 and 1446, and respectfully states as follows :
1 . On or about February 5, 2008, Plaintiff commenced the above-entitled civil action in the State Court of Fayette County of the State of Georgia by filing a Complaint . 2 . Defendant received a copy of the Complaint on February 5, 2008 . This Notice of Removal is filed within 30 days of receipt of the initial pleading as required by 28 U .S .C . § 1 446(b) .

Dockets.Justia.com

3 . As demonstrated by the allegations in the Complaint, the manner in controversy exceeds the sum of value of $75,000, exclusive of interest and costs . 4 . The case is also between citizens of different states . Defendant is a Delaware
corporation with its principal place of business located in the State of California . Plaintiff

alleges that she is a resident of the State of Florida . Upon information and belief, no other defendants have been properly joined or served . 6 . The civil action may be removed to this Court by Defendant pursuant to
28 U . S . C . § 244 , in that this Court has diversity jurisdiction over the action under 28 U . S . C .

7 . A copy of all process, pleadings and orders served upon Defendant accompanies this Notice of Removal as required by 28 U .S .C . § 1441(a) . See Exhibit A hereto) .
8. Pursuant to 28 U .S .C . § 1446(d), a true and correct copy of this Notice of

Removal is being filed with the Clerk of the Superior Court of Fayette County, Georgia .

9 . Defendant, by virtue of filing this Notice of Removal, does not waive any defenses or objections available to it under the law . This ~ day of February, 2008 .

Barry J .AKmstrong Georgia Bar No . 022055 McKenna Long & Aldridge LLP 303 Peachtree Street, Suite 5300 Atlanta, Georgia 30308

[phone]

2

ATLANTA 4992122 1

[phone] (facsimile)
Of Counsel : Paul J. Cambria, Jr ., Esq . Jeffrey F . Reina, Esq . William M . Feigenbaum, Esq . Lipsitz Green Scime Cambria LLP 42 Delaware Avenue

Suite 120 Buffalo, New York 14202-3924 [phone]

3

A T LANTA 4992122

CERTIFICATE OF SERVICE
This is to certify that I have this day served the within and foregoing N O T ICE O F

REMOVAL upon all parties to the above-captioned action by depositing a copy of the same in the United States Mail, with sufficient postage thereon, addressed to except as otherwise noted :
Richard P . Decker, Esq . Decker, Hallman, Barber & Briggs 260 Peachtree Street, N .W .

Suite 1700 Atlanta, Georgia 30303 Thi s day of February, 2008 .

Georgia McKenna Long & Aldridge LLP 303 Peachtree Street, Suite 5300 Atlanta, Georgia 30308

[phone] [phone] (facsimile)

4

ATLANTA 4992122 1