Wareham Free Library et al v. Wareham, Town of et al

Filing 1

NOTICE OF REMOVAL by Wareham, Town of, Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter, M. Jane Donahue as Members of the Board of Selectmen from Plymouth Superior, case number PLCV2007-01065. (Attachments: # 1 # 2)(Montgomery, Peter)

Wareham Free Library et al v. Wareham, Town of et al

Doc. 1

Case 1:07-cv-11807-RGS

Document 1

Filed 09/25/2007

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO.

WAREHAM FREE LIBRARY, INC., and PRISCILLA PORTER, MARY NYMAN, HAZAL TABER, MICHELLE BAUM, SANDRA WHEELER, JOHN LANCI, MARTHA MAGUIRE, YELENA FARIOLI-BEAUPRE, and DIANE LAZARUS, Individually and As Trustees of Wareham Free Library, Inc. Plaintiffs,

) ) ) ) ) ) ) ) v. ) ) THE TOWN OF WAREHAM, and BRENDA ECKSTROM, ) BRUCE SAUVAGEAU, JOHN CRONAN, JAMES POTTER, ) And M. JANE DONAHUE, Individually and As ) members of the Board of Selectmen of Wareham ) Defendants. ) ) DEFENDANTS' NOTICE OF REMOVAL OF ACTION FROM STATE COURT Pursuant to 28 U.S.C. §1441(b) and 1446, the defendants, Town of Wareham, Brenda Eckstrom, Bruce Sauvageau, John Cronan, James Potter and M. Jane Donohue in their capacities as members of the Board of Selectmen of Wareham ("defendants"), petition for removal of this action to the United States District Court for the District of Massachusetts. As grounds therefore, the defendants state as follows: 1. On or about August 17, 2007, the plaintiffs filed this suit in the Plymouth

Superior Court, Civil Action No.07-01065. 2. On September 4, 2007, the plaintiffs' complaint was served upon the

defendants. Attached as Exhibit A is a copy of the plaintiffs' complaint and summons which were served upon the defendants. 3. In the complaint, the plaintiffs allege that "[d]efendants have violated

Plaintiffs' constitutional rights, both state and federal."

Dockets.Justia.com

Case 1:07-cv-11807-RGS

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Filed 09/25/2007

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4.

Because this matter is an action arising under federal law of which this

Court has original jurisdiction, as authorized by 28 U.S.C. §1331, it is subject to removal under 28 U.S.C. §1441(b). 5. This Notice of Removal is being filed within the time period required by

law, 28 U.S.C. §1446(b). Respectfully submitted, The defendants/Plaintiffs-in-Counterclaims, TOWN OF WAREHAM, BRENDA ECKSTROM, BRUCE SAUVAGEAU, JOHN CRONAN, JAMES POTTER, & M. JANE DONOHUE, in their capacities as members of the Board of Selectmen of Wareham, By their attorneys, /s/ Peter E. Montgomey Leonard H. Kesten, BBO#542042 Peter E. Montgomery, BBO#632698 Brody, Hardoon, Perkins & Kesten, LLP One Exeter Plaza Boston, MA 02116 Dated: September 25, 2007

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