Free Notice of Removal - District Court of Delaware - Delaware

Case 1:05-cv-00740-JJF Document 1 Filed 10/21/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
;
and RITA HOLLOWAY : Civil Action No.
Plaintiffs :
MONACO COACH CORPORATION
a corporation of the State of Delaware :
Defendant :
NOTICE OF REMOVAL
Pursuant to 28 U.S.C. §l446 Defendant Monaco Coach Corp. ("Monaco Coach")
by and through its undersigned attorneys, give Notice of Removal of the Complaint from
the Superior Court in and for New Castle County. Defendant sets forth the grounds for
Removal as follows:
l. On or about September 2, 2005 Plaintiffs Douglas and Rita Holloway
("Plaintiffs") commenced a civil action against Monaco Coach Corp. by filing a
Complaint with the Prothonotary of the New Castle County of the Superior Court of
Delaware. (See Complaint at Exhibit "A.")
2. This Notice of Removal is timely because it is being filed within thirty
(30) days of the receipt of service of process by the defendant. (See Exhibit "B.")
3. Plaintiffs seek recovery for, inter alia, breach of warranty under the
provisions of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301, et seq. (See Exhibit
"A.")
4. Although Defendant denies liability for any amount, the amount in
controversy exceeds $50,000 exclusive of interest and costs. Pursuant to Plaintiffs’

Case 1:05-cv-00740-JJF Document 1 Filed 10/21/2005 Page 2 of 3
Certification of Value, the claim value exceeds $100,000, exclusive of costs and
interest. (See Exhibit "C.")
5. Under the Magnuson-Moss Warranty Act, this Court has original jurisdiction
where the amount in controversy exceeds $50,000, exclusive of interest and costs. 15
U.S.C. § 23l0(d)(1); 15 U.S.C. § 2310(d)(3)(B).
6. The undersigned counsel confirm that they have executed this Notice of
Removal pursuant to Rule 11 of the Federal Rules of Civil Procedure on behalf of their
clients.
7. Defendant expressly reserves the right to raise all defenses and objections
in this action after it is removed to this Cour;, including, but not limited to the defense of
lack of in personam jurisdiction and lack of service of process.
8. Defendant Monaco Coach Corp. will timely file a copy of the instant
Notice of Removal with all attachments thereto with the Prothonotary of the New Castle
County for the Superior Court of the State of Delaware in accordance with 28 U.S.C.
§1446(d). Notice of the filing of the Notice of Removal will be promptly given to all
adverse parties.
9. Counsel for Plaintiffs takes no position on the Notice of Removal.
10. This cause of action is one over which this Court has original jurisdiction
pursuant to 28 U.S.C. § 1331. Under the provisions of 28 U.S.C. § 1441(a), the entire
matter may thus be removed to this Court.
WHEREFORE, Defendant Monaco Coach Corp. respectfully requests that this
case be permitted to proceed in this Court as an action properly removed thereto.

Case 1:05-cv-00740-JJF Document 1 Filed 10/21/2005 Page 3 of 3
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anielle K. quam (rn #3668)
TYBOUT, REDFEARN & PELL
X300 Delaware Avenue, l1‘h Floor
1’.O. Box 2092
Wilmington, DE 19899-2092
(302) 658-6901
Local Counsel far the Defendant
Of Counsel:
Theodore C. Flowers, Esquire
SEGAL, MCCAMBRIDGE, SINGER Sr MAI-IONEY
United Plaza
30 South 17th Street, Suite 1700
Philadelphia, PA 19103
(215) 972·8015