Pegram v. Jamgotchian

Filing 1

PETITION FOR REMOVAL from Ninth Judicial District Court, Case Number 11-cv-0383, (Filing fee $ 350 receipt number 0978-2252156), filed by Jerry Jamgotchian. Certificate of Interested Parties due by 2/4/2012. (Attachments: # 1 Exhibit 1 - State Court Complaint, # 2 Exhibit 2 - State Court Summons, # 3 Civil Cover Sheet) (Smith, James)

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J. Robert Smith, NV Bar No. 10992
[e-mail]
HOLLAND & HART LLP
5441 Kietzke Lane, Second Floor
Reno, NV 89511
Telephone: [phone]
Facsimile : [phone]
Attorneys for Defendant Jerry Jamgotchian

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THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

9 MICHAEL E. PEGRAM,
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CASE NO.:

Plaintiff,

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NOTICE OF REMOVAL

HOLLAND & HART LLP
5441 KIETZKE LANE
SECOND FLOOR
RENO, NV 89511

12 JERRY JAMGOTCHIAN,
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Defendant.

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Defendant Jerry Jamgotchian, by and through his undersigned counsel Holland & Hart,
LLP, gives notice that the above action is hereby removed from the Ninth Judicial District
Court of the State of Nevada, in and for the County of Douglas, in which Court said cause is
now pending, to the United States District Court for the District of Nevada.
IN SUPPORT THEREOF, DEFENDANT states as follows:
On December 22, 2011, Plaintiff Michael E. Pegram commenced an action in the Ninth
Judicial District Court of the State of Nevada, in and for the County of Douglas (“the State
Court”), entitled Michael E. Pegram, Plaintiff vs. Jerry Jamgotchian, Defendant, as Case No.
11-CV-0383. A true and correct copy of Plaintiffs’ complaint in this matter (“the Complaint”)
is attached hereto as Exhibit 1. A copy of the summons is attached hereto as Exhibit 2.
This action is a civil action over which this Court has original jurisdiction under 28
U.S.C. §1332, and is one that may be removed to this Court by Defendant pursuant to the
provisions of 28 U.S.C. §1441(b) in that it is a civil action between citizens of different states

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and the matter in controversy exceeds the sum of $75,000, exclusive of interests and costs.

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Plaintiffs assert two different causes of action: defamation and false light. Plaintiff’s Complaint

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identifies Mr. Pegram as the owner of a two casinos in Nevada, licensed to own and operate 26

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McDonald franchises, and a prominent owner of thoroughbred race horses.

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defamation claim states that Defendant’s alleged statements tended to “(i) damage Mr.

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Pegram’s reputation as a competent executive; (ii) injure his reputation for honesty and

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integrity, which is required, among other things, for owning a casino in Nevada or a

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McDonald’s restaurant . . . .” Exhibit 1, at ¶47. Given the alleged prominence and standing of

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Plaintiff, the purported damages to Plaintiff’s reputation will exceed $75,000.1

Plaintiff’s

There is also complete diversity of citizenship between the parties. Plaintiff Michael E.

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Pegram is a citizen of the State of Nevada. Defendant Jerry Jamgotchian is a citizen of the

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HOLLAND & HART LLP
5441 KIETZKE LANE
SECOND FLOOR
RENO, NV 89511

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State of California.

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NOW THEREFORE, all parties to the Civil Action pending in Pegram v. Jamgotchian

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in the in the Ninth Judicial District Court of the State of Nevada, in and for the County of

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Douglas, Case No. 11-CV-0383 are hereby notified pursuant to 28 U.S.C. §1441(b) and §1446

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that all claims and causes of action against Defendant are removed upon the filing of a copy of

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this “Notice of Removal” with the Clerk of the United States District Court for the District of

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Nevada.

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DATED this 25th day of January 2012

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HOLLAND & HART LLP

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By

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/s/
J. Robert Smith,
NV Bar No. 10992
5441 Kietzke Lane, Second Floor
Reno, NV 89511
[phone]
Attorneys for Defendant Jerry Jamgotchian

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The exact amount Plaintiff is seeking in damages is presently unknown because Plaintiff
merely pled that his damages “will exceed the $10,000 jurisdictional requirements” of the state
court.
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PROOF OF SERVICE

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I, Gaylene Silva, declare:
I am employed in the City of Reno, County of Washoe, State of Nevada by the law
offices of Holland & Hart LLP. My business address is 5441 Kietzke Lane, Second Floor, Reno,
Nevada 89511. I am over the age of 18 years and not a party to this action.

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I am readily familiar with Holland & Hart’s practice for collection and processing of:
HAND DELIVERIES, FACSIMILES and OUTGOING MAIL. Such practice in the ordinary
course of business provides for the delivery or faxing and/or mailing with the United States
Postal Service, to occur on the same day the document is collected and processed.

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HOLLAND & HART LLP
5441 KIETZKE LANE
SECOND FLOOR
RENO, NV 89511

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On January 25, 2012, I caused the foregoing NOTICE OF REMOVAL to be served by
the following method(s):

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U.S. Mail: a true copy was placed in Holland & Hart LLP’s outgoing mail in a sealed
envelope addressed as follows:
Electronic: filed the document electronically with the U.S. District Court and therefore
the court’s computer system has electronically delivered a copy of the foregoing
document to the following person(s) at the following e-mail addresses:

Pat Lundvall
McDonald Carano Wilson LLP
P.O. Box 2670
Reno, NV 89505

Richard C. Yarmuth
818 Stewart Street
Suite 1400
Seattle, WA 98101

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct, and that this declaration was executed on January 25, 2012.

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/s/
Gaylene Silva

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5381878_1.DOC

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