Ventura v. Kyle

Filing 1

NOTICE OF REMOVAL by Chris Kyle from District Court, Fourth Judicial District, State of Minnesota, County of Hennepin, case number Unknown. ( Filing fee $ 350 receipt number 4-062518) assigned to Judge Richard H. Kyle per Master List and referred to Magistrate Judge Jeanne J. Graham, filed by Chris Kyle. (Attachments: # 1 Exhibit(s) B: Complaint, # 2 Exhibit(s) A: Summons, # 3 Exhibit(s) C: Notice of Filing of Notice of Removal to Federal Court, # 4 Civil Cover Sheet). (lmb)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Governor Jesse Ventura, a/k/a James G.
Janos, an individual,

Civil No. __________________

Plaintiff,
NOTICE OF REMOVAL
vs.
Chris Kyle, an individual,
Defendant.

TO THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MINNESOTA:
PLEASE TAKE NOTICE that Defendant Chris Kyle (“Kyle”) hereby removes this
action pursuant to 28 U.S.C. §§ 1332, 1441, and 1446 from the Fourth Judicial District Court,
Hennepin County, Minnesota (the “District Court”), to the United States District Court for the
District of Minnesota. In support of this Notice, Kyle states as follows:
1.

On January 26, 2012, Plaintiff Jesse Ventura, a/k/a James G. Janos (“Ventura”)

commenced this civil action in the District Court by serving (but not filing) the Summons and
Complaint on the Defendant, named in the caption of the Complaint as Chris Kyle. (See Compl.
at 1 (Ex. B).)
2.

Plaintiff seeks damages for alleged injuries that he contends were caused by

Kyle’s publication of certain statements about him. Plaintiff’s claims are based on theories of
defamation, misappropriation of name and likeness, and unjust enrichment. (Compl. ¶¶35–51.)
3.

Copies of the Summons and the Complaint served by the Plaintiff are attached

hereto as Exhibit A and Exhibit B, respectively.

4.

On January 26, 2012, a copy of the Summons and Complaint were personally

served on Kyle. Kyle has filed no pleadings in the District Court in this action.
5.

This Notice of Removal is timely under 28 U.S.C. § 1446(b) because it is made

within thirty days of Kyle’s receipt, by service or otherwise, of a copy of Plaintiff’s Complaint.
6.

This Court has original jurisdiction over this action pursuant to 28 U.S.C.

§1332(a) because the parties have diverse citizenships, and the amount in controversy exceeds
$75,000.00, exclusive of interests and costs.
7.

In the Complaint, Plaintiff claims to be a citizen and resident of the State of

Minnesota. (Compl. ¶1.)
8.

At the time of the commencement of this action, Kyle was a citizen and resident

of the State of Texas. (Compl. ¶2.)
9.

Plaintiff does not state in the Complaint the specific amount of damages sought in

this action. Rather, as required by Minn. R. Civ. P. 8.01, Plaintiff states in the Complaint only
that the amount in controversy exceeds $50,000.00. (Compl. at 17.)
10.

Among other relief and in connection with his claim of unjust enrichment,

Plaintiff seeks restitution of “all property and benefits unjustly received, including but not
limited to income from the sale of American Sniper books and/or any subsidiary or ancillary
rights sales.” (Compl. ¶51.)
11.

Defendant Kyle believes that proceeds from the sale of American Sniper books

and/or any subsidiary or ancillary rights sales will exceed $75,000.
12.

In accordance with 28 U.S.C. §1446(d), after the filing of this Notice of Removal,

Kyle will give written notice thereof to counsel for the Plaintiff and will file a copy of this notice
with the Clerk of the Fourth Judicial District Court, Hennepin County, Minnesota. Attached

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hereto as Exhibit C is a copy of Kyle’s Notice of Filing of Notice of Removal, which will be
filed (along with a file copy of this Notice) with the Clerk of the Fourth Judicial District Court,
Hennepin County, Minnesota.
WHEREFORE, Defendant Chris Kyle hereby removes this action, from the Fourth
Judicial District Court, Hennepin County, Minnesota, to the United States District Court for the
District of Minnesota.
This the 23rd day of February 2012

FAEGRE BAKER DANIELS LLP
s/Leita Walker
John P. Borger, MN #9878
Leita Walker, MN #387095
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-3901
612-766-7000
ATTORNEYS FOR DEFENDANT
CHRIS KYLE

fb.us.8077853.05

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