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)

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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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