BOTEACH et al v. SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA et al

Filing 1

NOTICE OF REMOVAL by SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, MUAMMAR ABU MINYAR AL-QADDAFI, IBRAHIM DABBASHI from SUPERIOR COURT OF BERGEN COUNTY, case number BER-L-7535-09. ( Filing fee $ 350 RECEIPT # 2772813) (Attachments: # 1 EXH A ST CT RECORD, # 2 EXH B NTC OF FILING, # 3 CERT OF FILING, # 4 RULE 11.2, # 5 CIV COV)(dr, ) Modified on 10/23/2009 (dr, ).

Nancy E. Delaney
Joseph D. Pizzurro
CURTIS, MALLET-PREVOST, COLT & MOSLE LLP
Attorneys for Defendants
Socialist People’s Libyan Arab Jamahiriya;
Muammar Abu Minyar al-Qaddafi; and
Ibrahim Dabbashi
101 Park Avenue
New York, New York 10178
[phone]
[e-mail]
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
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:
:
RABBI SHMULEY BOTEACH and
:
DEBORAH BOTEACH,
:
:
Plaintiffs,
:
:
v.
:
:
SOCIALIST PEOPLE’S
:
LIBYAN ARAB JAMAHIRIYA;
:
MUAMMAR ABU MINYAR AL-QADDAFI;
:
IBRAHIM DABBASHI;
:
QUATTRO CONSTRUCTION
:
MANAGEMENT LLC; and
:
SAL DUNIA
:
:
Defendants.
:
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Case No.:

NOTICE OF REMOVAL

NOTICE OF REMOVAL
Pursuant to 28 U.S.C. §§ 1441 and 1446, Defendant Socialist People’s Libyan
Arab Jamahiriya (“Libya”) submits this Notice of Removal from the Superior Court of the State
of New Jersey, Law Division, Bergen County, in which the above-captioned action is now
pending, to the United States District Court for the District of New Jersey, and in support of said
Notice state as follows:
TIMELINESS OF REMOVAL
1.

On August 31, 2009, plaintiffs Rabbi Shmuley Boteach and Deborah Boteach (together,
“Plaintiffs”) filed a civil action against defendants Libya, Muammar Abu Minyar alQaddafi, Ibrahim Dabbashi, Quattro Construction Management LLC and Sal Dunia
(together, “Defendants”) in the Superior Court of New Jersey, Law Division, Bergen
County. The action is docketed as Boteach v. Socialist Peoples Libyan Arab Jamahiriy,
Case No. 2009L007535.

2.

The first notice received by Defendants occurred on or about September 26, 2009, when
a copy of the Complaint, Civil Case Information Statement and Certification Pursuant to
Rule 4:5-1(2) was received at the Libyan Property located at 440 East Palisade Avenue in
Englewood, New Jersey. True and correct copies of the Complaint, Civil Case
Information Statement and Certification Pursuant to Rule 4:5-1(2) are attached as Exhibit
A.

3.

Accordingly, pursuant to 28 U.S.C. § 1446(b), this Notice of Removal has been timely
filed within 30 days after first notice by Defendants in Plaintiffs’ state court action.

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BASIS FOR REMOVAL
4.

Libya is a “foreign state” as defined in 28 § 1603(a) and referenced in 28 § 1441(d).

5.

Accordingly, this action is properly removable under 28 U.S.C. § 1441 because §1441(d)
provides that “Any civil action brought in a State court against a foreign state as defined
in section 1603 (a) of this title may be removed by the foreign state to the district court of
the United States for the district and division embracing the place where such action is
pending.”
CONCLUSION

6.

Because this action is properly removable under 28 U.S.C. § 1441 and this Notice of
Removal was timely filed under 28 U.S.C. § 1446, Plaintiffs’ state court action may be
removed pursuant to 28 U.S.C. § 1441 and 28 U.S.C. § 1446.

7.

Defendants have not previously sought similar relief.

8.

To date, Defendants have not filed a responsive pleading in Plaintiffs’ state court action,
and no other proceedings have transpired in that action.

9.

A copy of the written notice required by 28 U.S.C. § 1446(d) is attached as Exhibit B and
is being filed in the Superior Court of the State of New Jersey, Law Division, Bergen
County, and served upon Plaintiffs.

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PRESERVATION OF IMMUNITY
10.

Nothing herein shall be construed to constitute in any way any waiver of sovereign,
diplomatic or other immunity to which any of the Defendants named in the Complaint
herein may be entitled under applicable law.
WHEREFORE, notice is given that this action is removed from the Superior

Court of the State of New Jersey, Law Division, Bergen County, to the United States District
Court for the District of New Jersey.
Respectfully submitted,
CURTIS, MALLET-PREVOST, COLT &
MOSLE LLP
Dated: October 20, 2009

s/ Nancy E. Delaney
Nancy E. Delaney
Joseph D. Pizzurro
101 Park Avenue
New York, NY 10178
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
Socialist People’s Libyan Arab Jamahiriya;
Muammar Abu Minyar al-Qaddafi; and
Ibrahim Dabbashi

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