Beach v. Wal-Mart Stores East LP

Filing 1

NOTICE OF REMOVAL from Newberry Court of Common Pleas, case number 2011-CP-36-00350. (Filing fee $ 350 receipt number 0420-3532908), filed by Wal-Mart Stores East LP. (Attachments: # 1 State Court Documents)(alew, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENWOOD DIVISION
8:11-2071-HFF
Civil Action No. ______________

Paula Beach,
Plaintiff,
vs.

NOTICE OF REMOVAL
Wal-Mart Stores East, L.P.,
Defendant.

1.

Defendant Wal-Mart Stores East, L.P. (“Wal-Mart”) files this Notice of Removal

of the above-entitled action from the Circuit Court of Newberry County, South Carolina, to the
United States District Court for the District of South Carolina, Greenwood Division, pursuant to
28 U.S.C. § 1441.
2.

The above-entitled action was instituted by the Plaintiff against the Defendant by

the service of a Summons and Complaint filed on July 26, 2011. Defendant was served by
certified mail upon CT Corporation as agent for Defendant on July 27, 2011. The action is
currently pending in the Court of Common Pleas for Newberry County, South Carolina, Case
No. 2011-CP-36-00350.

No further proceedings have been filed and the Summons and

Complaint constitute all process, pleadings and orders served in this action. Pursuant to 28
U.S.C. § 1446(a), a copy of the Summons and Complaint are attached hereto as Exhibit A.
3.

There is jurisdiction over this removed action pursuant to 28 U.S.C. § 1441

because this action could have originally been filed in this court pursuant to 28 U.S.C. § 1332.
Specifically, this suit is removable because, as set forth more fully below, there is complete

diversity of citizenship between the Plaintiff and Defendant Wal-Mart Stores East, L.P.
According to statements made by counsel for Plaintiff on August 1, 2011, the Plaintiff’s claim
for damages, including punitive damages, exceeds $75,000.00, exclusive of interests and costs.
4.

At the time of commencement of the action, Plaintiff was and still is a citizen of

South Carolina and Defendant was at the time of the commencement of the action, and still is, a
corporation organized and existing under the law of a state other than South Carolina and having
its principal place of business in a state other than South Carolina. Specifically, pursuant to 28
U.S.C. § 1332(c)(1), Wal-Mart Stores East, L.P. is a citizen of both Delaware and Arkansas, as it
is a Delaware corporation with its principal place of business in Arkansas.
5.

Plaintiff’s allegations arise out of an alleged incident in which the Plaintiff claims

that while on Defendant’s premises she suffered injury when she slipped and fell on a foreign
substance. See Complaint, ¶¶ 5. Plaintiff has alleged damages for her injuries, in addition to
future medical bills and expenses, pain and suffering and punitive damages. See Complaint,
“Prayer”. Therefore, upon information and belief and upon consult with counsel for Plaintiff on
August 1, 2011, the value of the matter in dispute exceeds $75,000.00, exclusive of interest and
costs and said action is one over which the District Court of the United States has original
jurisdiction under 28 U.S.C. § 1332.
6.

Defendant hereby gives counsel for Plaintiff written notice of the removal of this

action and has provided a copy of the Notice of Removal to the Clerk of Court for Newberry
County, as required by 28 U.S.C. § 1446(d).
7.

Defendant files this Notice of Removal within thirty (30) days of the receipt of

Plaintiff’s Complaint in the State Court action, which was the first pleading received by
Defendant setting forth the claims for relief upon which this action is based.

2

WHEREFORE, Defendant respectfully submits this Notice of Removal of the State Court
action to this Court this ____day of August, 2011.

/s/Mary D. LaFave
Regina Hollins Lewis, DCID #7553
Mary D. LaFave, DCID #10316
GAFFNEY LEWIS & EDWARDS, LLC
3710 Landmark Drive, Suite 109
Columbia, South Carolina 29204
803.790.8838 (office)
803.790.8841 (fax)
Attorneys for Defendant
August 8, 2011
Columbia, South Carolina

3