SCA Promotions Inc v. Yahoo! Inc

Filing 1

NOTICE OF REMOVAL WITH JURY DEMAND from 160th Judicial District Court, Dallas County, Texas, case number DC-14-00947 filed by Yahoo! Inc. (Filing fee $400; receipt number 0539-5912675) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Exhibit(s) A: Index of Matters Being Filed, # 2 Exhibit(s) B: A copy of the state court docket sheet, # 3 Exhibit(s) B(1): A copy of Plaintiff's Original Petition filed on January 30, 2014, # 4 Exhibit(s) B(2): A copy of Plaintiff's First Amended Original Petition filed February 14, 2014, # 5 Exhibit(s) B(3): A copy of all executed process, # 6 Exhibit(s) C: Defendant's Certificate of Interested Persons, # 7 Cover Sheet, # 8 Cover Sheet Supplement) (Cook, Darrell)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SCA PROMOTIONS, INC.,
Plaintiff,
v.
YAHOO!, INC.
Defendant.

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CIVIL ACTION NO. 3:14-cv-957

YAHOO!, INC.’S NOTICE OF REMOVAL
Notice is hereby given, pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, Defendant
Yahoo!, Inc. (“Yahoo”) hereby removes this action from the 160th Judicial District Court of
Dallas County, Texas to the United States District Court for the Northern District of Texas,
Dallas Division, and would show as follows:
I.
STATE COURT ACTION
1. On or about January 30, 2014, Plaintiff SCA Promotions, Inc. (“SCA”) filed its Original
Petition in the 160th Judicial District Court of Dallas County, Texas, styled SCA
Promotions, Inc. v. Yahoo!, Cause No. DC-14-00947 (the “State Court Action”). On or
about February 14, 2014, SCA filed Plaintiff’s First Amended Original Petition,
amending its Original Petition to comply with the new Texas Rule of Civil Procedure 47
and amending the name of the Defendant.

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2. Service of Plaintiff’s Original Petition was completed on Yahoo on February 18, 2014.
Service of Plaintiff’s First Amended Original Petition has not been completed upon
Yahoo.
3. The State Court Action was served on February 18, 2014, and Yahoo is filing this Notice
of Removal on March 20, 2014. Accordingly, this Notice of Removal is timely under 28
U.S.C. § 1446(b).
4. SCA brings claims against Yahoo for breach of contract. See Plaintiff’s Original Petition
¶ 15-21.
5. With this Notice of Removal Yahoo hereby removes the State Court Action to this Court
on the basis of diversity, as more fully described below.
II.
PROCEDURAL REQUIREMENTS
6. This action is properly removed to this Court, as the State Court Action is pending within
this district and division. 28 U.S.C. § 1441.
7. Pursuant to 28 USC §1446(a) and Northern District of Texas Local Rule 81.1, this Notice
of Removal includes copies of the following, which are attached hereto and incorporated
by reference:
Exhibit A:

Index of Matters Being Filed;

Exhibit B:

A copy of the state court docket sheet;

Exhibit B(1): A copy of Plaintiff’s Original Petition filed January 30, 2014;
Exhibit B(2): A copy of Plaintiff’s First Amended Original Petition filed February 14,
2014;
Exhibit B(3): A copy of all executed process; and

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Exhibit C:

Defendant’s Certificate of Interested Persons;

Exhibit D:

Civil Cover Sheet; and

Exhibit E:

Supplemental Civil Cover Sheet.

8. Contemporaneously with the filing of this Notice of Removal, Defendant is filing a copy
of the Notice of Removal in the 160th Judicial District Court of Dallas County, Texas.
III.
DIVERSITY OF CITIZENSHIP
9. A case may be removed to federal court if it could have been brought in federal court
originally. 28 U.S.C. § 1441. Lawsuits between citizens of different states in which the
amount in controversy exceeds $75,000 may be brought in federal court. 28 U.S.C.
§ 1332.
There Is Complete Diversity among the Parties
10. SCA is a citizen of Texas. See Plaintiff’s Original Petition ¶ 1.
11. Yahoo is a corporation organized under the laws of the state of Delaware, with its
principal place of business in California. Therefore, Yahoo is a citizen of California for
diversity purposes. Because SCA is a citizen of Texas and Yahoo is a citizen of
California, there is complete diversity among the parties. See 28 U.S.C. 1332(c)(1).
The Amount in Controversy Exceeds $75,000
12. The amount in controversy as pled by SCA. in Plaintiff’s Original Petition is “at least
$4.4 million.” See Plaintiff’s Original Petition ¶ 16, 21. Therefore, the damages sought by
Plaintiff exceed $75,000.
IV.
CONCLUSION

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13. WHEREFORE, Yahoo hereby removes this action from the 160th Judicial District of
Dallas County Texas to the United States District Court for the Northern District of
Texas, Dallas Division, so that this Court may assume jurisdiction over the cause as
provided by law.

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Respectfully submitted,
DARRELL W. COOK & ASSOCIATES,
A PROFESSIONAL CORPORATION
/s/ Darrell W. Cook_____________
DARRELL W. COOK
State Bar No. 00787279
[e-mail]
CATHERINE A. KEITH
State Bar No. 24046193
[e-mail]
One Meadows Building
5005 Greenville Ave. Suite 200
Dallas, TX 75206
[phone]
[phone] Facsimile
Of Counsel:
WINSTON & STRAWN LLP
THOMAS PATRICK LANE
[e-mail]
200 Park Avenue
New York, NY 10166
[phone]
[phone] Facsimile
ATTORNEYS FOR DEFENDANT YAHOO!

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CERTIFICATE OF SERVICE
I hereby certify that the above and foregoing was served upon all parties herein on the
March 17, 2014 in accordance with the FEDERAL RULES

OF

CIVIL PROCEDURE via ECF as

follows:
Jeffrey. M. Tillotson, P.C.
Texas Bar No. 20039200
LYNN TILLOTSON PINKER & COX, LLP
2100 Ross Ave. Suite 2700
Dallas, TX 75201

/s/ Darrell W. Cook_____________
DARRELL W. COOK

YAHOO’S NOTICE OF REMOVAL.
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