THORNTON et al v. CITY OF PITTSBURGH et al
Filing
1
NOTICE OF REMOVAL from Court of Common Pleas of Allegheny County, case number GD10-018368 with jury demand (Filing fee $350, receipt number 1764893), filed by ANDREW LAGOMARSINO, NORMAN AUVIL, JOSIE DIMON, ROBERT J. MCCAUGHAN, RONALD W. ROMANO, RON CURRY, MARK A. BOCIAN, KIM LONG, CITY OF PITTSBURGH. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Amended Complaint) (plh)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THERESA E. THORNTON and JEREMIAH C.
MITCHELL, as Co-Administrators of the Estate
of Curtis L. Mitchell, deceased
Plaintiffs,
CIVIL ACTION No.
v.
CITY OF PITTSBURGH; ROBERT J.
McCAUGHAN; MARK A BOCIAN; RONALD
W. ROMANO; JOSIE DIMON; ANDREW
LAGOMARSINO; KIM LONG; NORMAN
AUVIL;
RON
CURRY;
ALLEGHENY
COUNTY; AND COUNTY OF ALLEGHENY
DEPARTMENT OF EMERGENCY SERVICES
Defendants.
NOTICE OF REMOVAL
AND NOW come the Defendants, the City of Pittsburgh, Robert J. McCaughan, Mark A.
Bocian, Ronald V. Romano, Josie Dimon, Andrew Lagomarsino, Kim Long, Norman Auvil, and
Ron Curry, by and through their undersigned counsel, who file this Notice of Removal stating
the following:
1.
On October 1, 2010, Plaintiffs filed an Amended (Corrected) Complaint in the
Court of Common Pleas of Allegheny County and specifically allege in the Pleading that the
City of Pittsburgh and the individual defendants are liable pursuant to 42 U.S.C. § 1983. The
copy of Plaintiff’s Amended (Corrected) Complaint is attached as Ex. “1” to this Notice of
Removal.
2.
The Plaintiffs further allege in the Pleading that the Defendants acted under the
cover of state law and deprived the Plaintiffs’ Decedent of rights, privileges and immunities
guaranteed under federal law and/or United States Constitution.
3.
This action is therefore removable pursuant to section 1441 of the Judicial Code
28 U.S.C. § 1441 because the Amended (Corrected) Complaint asserts claims against these
Defendants that arise under the United States Constitution. Therefore, this is a civil action over
which the District Court has original jurisdiction under 42 U.S.C. § 1331 and § 1343(a)(3).
4.
This notice is filed within thirty (30) days after the City of Pittsburgh received a
copy of Plaintiffs’ Amended (Corrected) Complaint which apprised the City of Pittsburgh of the
nature of the claim and is, therefore, timely filed pursuant to 28 U.S.C. § 1446(b).
5.
All Defendants consent to this removal.
WHEREFORE, these Defendants remove this action from the Court of Common Pleas of
Allegheny County to the United States District Court for the Western District of Pennsylvania in
accordance with 28 U.S.C. §1441, et seq.
Respectfully submitted,
/s/John F. Doherty
John F. Doherty
Associate City Solicitor
Pa. I.D. #56418
/s/Michael E. Kennedy
Michael E. Kennedy
Assistant City Solicitor
Pa. I.D. #52780
/s/Daniel D. Regan
Daniel D. Regan
City Solicitor
Pa. I.D. #89141
City of Pittsburgh Department of Law
313 City-County Building
414 Grant Street
Pittsburgh, PA 15219
(412) 255-2015
CERTIFICATE OF SERVICE
I hereby certify that on the 27th day of October, 2010 a true and correct copy of the City
of Pittsburgh’s Notice of Removal was served via first class U.S. mail, postage prepaid, on the
following:
Alan H. Perer, Esquire
The Law Firm of Swensen, Perer & Kontos
One Oxford Center, Suite 2501
Pittsburgh, PA 15219
(412) 281-1970
(Attorney for Plaintiff, Theresa E. Thornton)
Robert N. Peirce, III, Esquire
Robert Peirce & Associates, P.C.
2500 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 281-7229
(Attorney for Plaintiff, Jeremiah C. Mitchell)
Paul A. Ellis, Esquire
1621 Bedford Avenue
Pittsburgh, PA 15219
(412) 512-4457
(Attorney for Plaintiff, Theresa Thornton)
Caroline Liebenguth, Assistant County Solicitor
Fort Pitt Commons
445 Fort Pitt Boulevard, Suite 300
Pittsburgh, PA 15219
(Attorney for Allegheny County)
/s/Michael E. Kennedy
Michael E. Kennedy
Assistant City Solicitor
Pa. I.D. #52780
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