Woltmann v. Chicago Gridiron LLC et al

Filing 1

NOTICE of Removal from Circuit Court of Cook County, case number (10 L 5472) filed by Chicago Gridiron LLC Filing fee $ 350, receipt number 0752-6326435. with Third Amended Complaint attached (Attachments: # 1 Exhibit A (Complaint))(Niro, Christopher)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
STEVEN B. WOLTMANN,
Plaintiff,

Northern District Civil Action No.
11cv5994

v.
Cook County No. 10-L-5472
ARENA FOOTBALL ONE, LLC,
CHICAGO GRIDIRON, LLC, and
JOHN DOES 1-10,
Defendants.
NOTICE OF REMOVAL OF A CIVIL ACTION
Defendant, CHICAGO GRIDIRON, LLC, (“Gridiron”) hereby notifies this Court
that this civil action has been removed from the Circuit Court of Cook County, Illinois, to
the United States District Court for the Northern District of Illinois, Eastern Division
pursuant to 28 U.S.C. §§ 1331, 1338, 1441 and 1446. In support of removal, defendant
states:
1.

Plaintiff, Steven B. Woltmann (“Woltmann”), filed a Third Amended

Complaint in the Circuit Court of Cook County, Law Division, on August 11, 2011. (A
copy of the Complaint is attached as Exhibit A) (the "Complaint").
2.

On August 12, 2011, Gridiron, through its counsel, accepted service and

received a copy of the Complaint.
3.

The Complaint against Gridiron alleges Copyright Infringement (Count I),

seeks Declaratory Judgment (Count III) and Unjust Enrichment (Count VI).
GROUNDS FOR REMOVAL: FEDERAL QUESTION
4.

This Notice of Removal is timely because it is being filed within thirty (30)

days of the date of service of the Complaint. See 28 U.S.C. § 1446(b).

5.

Removal is proper under 28 U.S.C. §§ 1331, 1338 and 1441 because the

alleged Copyright Infringement arises under the federal Copyright Act, which gives the
federal district court exclusive subject matter jurisdiction over Woltmann’s claims.
6.

Woltmann’s complaint is entirely based on claims that require the Court to

address protections granted by the Copyright Act, 17 U.S.C. 101 et seq. Accordingly,
removal is proper to allow the District Court to resolve questions of Federal law.
7.

This Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a)

over Woltmann’s claims for Declaratory Judgment as well as Unjust Enrichment, even
though that latter claim, as plead, is duplicative of the protections granted to a copyright
owner under section 106 of the Copyright Act and, thereby, preempted. 17 U.S.C. §301.
8.

Defendant is serving this Notice of Removal on Woltmann's counsel of

record, Joseph Siprut by U.S. Mail addressed to 122 S. Michigan Ave. Suite 1850,
Chicago, Illinois 60603 and Aleksandra Vold by U.S. Mail addressed to 105 W. Adams
St. Suite 2800, Chicago, Illinois 60603.
9.

Defendant is filing a copy of this Notice of Removal of a Civil Action in the

Circuit Court of Cook County, Illinois.

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WHEREFORE, defendant respectfully notifies this Court that this case, Counts I,
III and VI directed to Gridiron has been removed from the Circuit Court of Cook County,
Illinois to the United States District Court for the Northern District of Illinois pursuant to
the provisions of 28 U.S.C. §§ 1331, 1338, 1441 and 1446.
Respectfully submitted,
/s/Christopher W. Niro
Christopher W. Niro
Daniel R. Ferri
Niro, Haller & Niro
Attorneys for Defendant Chicago Gridiron, LLC.
181 W. Madison St. Suite 4600
Chicago, IL 60602
(p) 312.236.0733
(f) 312.236.3137

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