Coleman et al v. Campbell County Public Library Board of Trustees

Filing 1

NOTICE OF REMOVAL from Campbell Circuit Court, case number 12-CI-89. ( Filing fee $350; receipt number 2255959), filed by Campbell County Public Library Board of Trustees. (Attachments: # 1 State Court Record Class Action Complaint, # 2 State Court Record Motion for Order Requiring Escrow, # 3 State Court Record Filing of Additional Legal Authority, # 4 Civil Cover Sheet, # 5 Case Assignment)(LST)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION AT COVINGTON
CIVIL ACTION NO. 2012-________
CHARLIE COLEMAN, JOHN P. ROTH JR AND
ERIK HERMES ON BEHALF OF THEMSELVES
AND OTHER SIMILARLY SITUATED
v.

PLAINTIFFS

CAMBEPLLCOUNTY PUBLIC LIBRARY
BOARD OF TRUSTEES

DEFENDANT

NOTICE OF REMOVAL

The Defendant, Campbell County Public Library Board of Trustees (the “Library”) , by
and through counsel files this Notice of Removal to the United States District Court for the
Eastern District of Kentucky at Covington, and states as follows:
1.

On January 19, 2012, the Plaintiffs, Charlie Coleman, John P. Roth, Jr. and Erik

Hermes, on behalf of themselves and others similarly situated, filed a Class Action Complaint
against the Library in the Campbell County, Kentucky Circuit Court, First Division. The
Campbell County, Kentucky Circuit Court Clerk assigned the Complaint as Civil Action No. 12CI-89.
2.

Attached hereto are true and accurate copies of the following pleadings served

upon the Library in this action:
(a)

Class Action Complaint (attached as Exhibit A);

(b)

Plaintiffs’ Motion for an Order Requiring the Library to Escrow All Tax

Payments Received in Excess of $0.30 Per Thousand of Assessed Value (attached as Exhibit B) ;
and,

(c)

Plaintiffs’ Filing of Additional Legal Authority in Support of its Motion to

Escrow All Tax Payments (attached as Exhibit C).
3.

The Court has jurisdiction over the action pursuant to 28 U.S.C. § 1331 and 28

U.S.C. § 1441, in that:
(a)

In their Complaint, Plaintiffs assert a 42 U.S.C. § 1983 claim alleging that

the Library engaged in an unlawful taking in violation of their rights under the 5th and 14th
amendments to the United States Constitution, claims for which the United States District Courts
are given original jurisdiction pursuant to the statutes cited herein; and,
(b)

In their Complaint, Plaintiffs allege related state law claims for

declaratory judgment, conversion and unjust enrichment, claims for which the United States
District Courts have supplemental jurisdiction.
4.

The Library’s Notice of Removal is filed within thirty (30) days after it was

served with a copy of the Summons and Class Action Complaint in this action.
5.

This civil action is properly removable pursuant to 28 U.S.C. § 1441(a).

6.

A filed stamped copy of this Notice of Removal will promptly be filed with the

Campbell Circuit Court Clerk, pursuant to 28 U.S.C. § 1446(d).
WHEREFORE, the Defendant, the Campbell County Public Library Board of Trustees,
gives notice of the removal of this action from the Circuit Court of Campbell County, Kentucky
to the United States District Court for the Eastern District of Kentucky at Covington.

Respectfully submitted,

s/ Jeffrey C. Mando
JEFFREY C. MANDO (#43548)
LOUIS D. KELLY
ADAMS, STEPNER,
WOLTERMANN & DUSING, PLLC
40 W. Pike Street, P.O. Box 861
Covington, Kentucky 41012-0861
[phone]
[phone] Fax
[e-mail]
Attorneys for Defendant, Campbell County
Public Library Board of Trustees
CERTIFICATE OF SERVICE
This is to certify that on the 1st day of February, 2012, I electronically filed the foregoing
with the clerk of the court by using the CM/ECF system. I further certify that a true and accurate
copy of the foregoing was sent by U.S. mail, postage prepaid, this 1st day of February, 2012 to:
Brandon N. Voelker
The Voelker Firm, PLLC
4135 Alexandria Pike Suite 41076
Cold Spring, KY 41076
s/ Jeffrey C. Mando
JEFFREY C. MANDO (#43548)
LOUIS D. KELLY
ADAMS, STEPNER,
WOLTERMANN & DUSING, PLLC
40 W. Pike Street, P.O. Box 861
Covington, Kentucky 41012-0861
[phone]
[phone] Fax
[e-mail]
Attorneys for Defendant, Campbell County
Public Library Board of Trustees
713757.1