Team Kalamazoo, LLC v. Frontier Professional Baseball, Inc. et al

Filing 1

NOTICE OF REMOVAL from Kalamazoo Circuit Court case number 2011-0664-CK filed by William Lee, Frontier Professional Baseball, Inc. (Attachments: # 1 Exhibit 1 - State Court Summons and Complaint) (Finnegan, Susan) Modified text on 2/1/2012 (bd).

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN TEAM KALAMAZOO, LLC d/b/a THE KALAMAZOO KINGS, Plaintiffs, Case No. Hon. Lower Case No. 2011-0664-CK vs. FRONTIER PROFESSIONAL BASEBALL, INC. and WILLIAM LEE, Defendants. ______________________________________________________________________________ ED ANNEN, JR. (P26062) Attorney for Plaintiffs 5902 S. Westnedge Ave., Suite 2 Portage, MI 49002 (269) 343-0802 RICHARD J. GIANINO (P32933) Plunkett Cooney Attorney for Defendants 535 Griswold Street, Suite 2400 Detroit, Michigan 48226 TEL: (313)983-4755 FAX: (313)983-4350 SUSAN A. FINNEGAN (P70702) Plunkett Cooney Attorney for Defendants 950 Trade Centre Way, Suite 310 Kalamazoo, MI 49002 TEL: (269) 226-8861 FAX: (269) 382-2506 ______________________________________________________________________________ NOTICE OF REMOVAL TO FEDERAL COURT To: Clerk of the Court Attorney for Plaintiffs Defendants, Frontier Professional Baseball, Inc. and William Lee (“Defendants”), remove this action from the Circuit Court of Kalamazoo Count to the United States District Court for the Western District of Michigan pursuant to 28 U.S.C. §§ 1332, 1441 and 1446. In support of this Notice of Removal, Defendants state: 1. The Summons and Complaint in this action were first received by the Defendants on or about January 9, 2012. This removal is, therefore, timely under 28 U.S.C. §1446(b)(1). 2. A copy of the Summons and Complaint are attached as Exhibit 1. The documents attached as Exhibit 1 constitute all process, pleadings and orders received by Defendants in this action. 3. This case is removable on diversity grounds under 28 U.S.C. § 1332: a. Plaintiff, Team Kalamazoo, LLC is a Michigan liability company. See, Complaint, ¶ 1. b. Defendant Frontier Professional Baseball, Inc. is an Ohio corporation with its principal place business in Sauget, Illinois. Defendant William Lee also resides in Illinois. c. The amount in controversy exceeds $75,000, exclusive of interest and costs. Although Plaintiff merely requested damages in excess of the state court jurisdictional amount (Complaint, ¶ 15, “… in excess of $25,000…”), Defendants believe the Plaintiff seeks more than $75,000, exclusive of interest and costs. As such, the case is removable on diversity grounds pursuant to 28 U.S.C. § 1441 and 28 U.S.C. § 1332. 4. The written Notice of Filing Removal will be filed promptly with the Kalamazoo County Circuit Court as required by 28 U.S.C. § 1446(d), and copies of the same have been served upon Plaintiffs’ counsel as verified by the attached Proof of Service. 5. Based upon the foregoing, Defendants are entitled to remove this action to this Court under 28 U.S.C. § 1441, et seq. WHEREFORE, Defendants, Frontier Professional Baseball, Inc. and William Lee, request that this Court take subject matter jurisdiction over this action, and grant any other relief the Court deems proper. PLUNKETT COONEY By: /s/ Susan A. Finnegan Richard J. Gianino (P32933) Susan A. Finnegan (P70702) Attorneys for Defendants TEL: (313)983-4755 / (269) 226-8861 DATED: January 31, 2012 Open.20477.20198.11558126-1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?