The Serbian Crown, Virginia, Inc. v. Google, Inc.

Filing 1

NOTICE OF REMOVAL from Circuit Court of Fairfax County Virginia, case number 2014-04673 filed by Google, Inc. (Filing fee $ 400.00, receipt number 14683043614)(NO ANSWER FILED IN STATE COURT). (Attachments: # 1 Cover Letter, # 2 Civil Cover Sheet, # 3 Receipt, # 4 Exhibit A)(pmil, )

FILED
CREIGHTON MACY (VA Bar No. 77016)
WILSON SONSINI GOODRICH & ROSATI
1700 K Street NW, Fifth Floor
Washington, D.C. 20006-3817

202.973.8800 (Phone)
202.973.8899 (Facsimile)
Attorneys for Defendant Google Inc.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

CASENOJ: JHcv/^/I

THE SERBIAN CROWN, VIRGINIA, INC.,
A Virginia Stock Corporation,

NOTICE OF REMOVAL

Plaintiff,

(Removed from the Circuit Court of

v.

Fairfax County, CL No. 2014 04673)

GOOGLE INC.,

State Action Filed: April 4, 2014

ADelaware Stock Corporation
Defendant.

TO THE CLERK OF THE ABOVE-ENTITLED COURT AND TO PLAINTIFF AND
ITS ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that under 28 U.S.C. §§1331, 1332(a), 1367(a), 1441 and
1446, Defendant Google Inc. ("Google") removes this action from the Circuit Court ofFairfax
County, Virginia. In support ofthis Notice, Google states as follows:
BACKGROUND

1.

On or about April 4, 2014, PlaintiffThe Serbian Crown, Virginia, Inc.

("Plaintiff) filed aComplaint against Google in the Circuit Court ofFairfax County, Virginia
(the "Circuit Court"), CL No. 2014 04673, captioned "The Serbian Crown, Virginia, Inc., A

Virginia Stock Corporation vs. Google, Inc., ADelaware Stock Corporation." (the "Complaint").

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NOTICE OF REMOVAL

2.
The Complaint asserts claims for false advertising, under the federal Lanham Act,
15 U.S.C. §1125(a)(1)(B), and negligence and negligent supervision, under Virginia common
law. (Compl. at 8.)

3.

Google's registered agent was served with asummons and acopy of the

Complaint on April 22,2014. True and accurate copies of the summons and Complaint, and all
accompanying papers served on Google are attached hereto as Exhibit A.

4.

Based on the allegations of the Complaint and for the reasons discussed below,

Google timely removes this action to this Court pursuant to 28 U.S.C. §§ 1331, 1332(a), 1441,
and 1446.

BASIS FOR FEDERAL JURISDICTION

5.

Pursuant to 28 U.S.C. §1441(a), "[e]xcept as otherwise expressly provided by

Act of Congress, any civil action brought in a State court ofwhich the district courts of the

United States have original jurisdiction, may be removed by the defendant or the defendants, to
the district court ofthe United States for the district and division embracing the place where such
action is pending."

6.

As set forth below, this Court has original jurisdiction over this action based on

both diversity ofcitizenship and the existence ofafederal question, both of which provide an
independent basis for federal jurisdiction.
I.

Diversity Jurisdiction

7.

This Court has original jurisdiction over this civil action under 28 U.S.C. §

1332(a) because the amount in controversy exceeds the sum or value of $75,000 and the matter
is between citizens of different states.

8.
Plaintiffprays for damages in the amount of$1million. (Compl., Prayer for
ReliefU The amount in controversy for purposes ofremoval based on diversity of
(a).)
citizenship therefore exceeds $75,000. See 28. U.S.C. §1446(c)(2).

NOTICE OF REMOVAL

Plaintiffalleges that Google is aDelaware corporation with its principal place of
business in Mountain View, California. (Compl. If 2.) Google is therefore acitizen ofDelaware
9.

and California. 28 U.S.C. § 1332(c)(2).

10.

Plaintiffalleges that it is aVirginia corporation with its place ofbusiness in

Fairfax County, Virginia. (Compl. 11.) Plaintiffis therefore acitizen of Virginia. 28 U.S.C.
§ 1332(c)(2).

11.

As Plaintiffand Defendant are thus citizens ofdifferent states, complete diversity

exists under 28 U.S.C. § 1332(a).
II.

Federal question jurisdiction

12.

This Court also has original jurisdiction over this civil action under 20 U.S.C.

§1331, which provides that the "district courts shall have original jurisdiction ofall civil actions
arising under the Constitution, laws or treaties ofthe United States."

13. Plaintiffasserts afalse advertising claim under aprovision ofthe Lanham Act, 15
U.S.C. §1125(a)(1)(B). (Compl. at 8.) This claim thus arises under federal law and is thus
sufficient to support federal jurisdiction.

14. Plaintiffs additional claim for negligence and negligent supervision under
Virginia law is based on substantially the same set of factual allegations and is thus "so related

to" its claim under the federal Lanham Act that it forms "part ofthe same case or controversy,"
giving this court supplemental jurisdiction under 28 U.S.C. §1367(a).
VENUE AND PROrEDRUAL REQUIREMENTS

15. The Circuit Court is located within the Alexandria Division of this District.
Accordingly, venue in this Court is proper under 28 U.S.C. §1441(a).

16.

Upon receiving afile-marked copy ofthis Notice ofRemoval, afile-marked copy

ofthis Notice ofRemoval and the accompanying filings will be served upon counsel for Plaintiff

and filed with the Clerk of the Circuit Court ofFairfax County, Virginia, as required by 28
U.S.C. § 1446(d).

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NOTICE OF REMOVAL

17. This Notice ofRemoval is timely filed under 28 U.S.C. §1446(b) because Google
was served on April 22, 2014, and is filing this Notice ofRemoval within 30 days ofservice.
18. Google has given the undersigned attorneys authority to sign and file this Notice
of Removal.

WHEREFORE, Defendant Google Inc. respectfully requests that the action captioned as
The Serbian Crown, Virginia, Inc. vs. Google, Inc., CL No. 2014 04673, pending in the Circuit
Court ofFairfax County, Virginia, be removed to this Court, and that this Court exercise its

subject-matterjurisdiction over this action, and for such other reliefas the Court may deem just
and proper.

DATED: May 13, 2014

Respectfully submitted,

WILSON SONSINI GOODRICH &ROSATI

Professional Corporation

Creighton Macy (VA Bar No. 77016)

1700 K Street NW, Fifth Floor
Washington, D.C. 20006-3817

202.973.8800 (Phone)
202.973.8899 (Facsimile)
[e-mail]
Attorneys for Defendant
GOOGLE INC.

NOTICE OF REMOVAL

CERTIFICATE OF SFRVTPF

I, hereby certify that on May 13, 2014,1 will cause atrue and correct copy ofthe
following NOTICE OF REMOVAL to be filed via overnight delivery:
Christopher R. Rau

Law Offices of Christopher R. Rau

6711 Lee Highway, Suite 2200
Arlington, VA 22205

Creighton Macy (VA Bat _ 77016)
1700 K Street NW, Fifth Floor
Washington, D.C. 20006-3817
202.973.8800 (Phone)

202.973.8899 (Facsimile)
[e-mail]