Case 1:05-cv-00818-JJF Document 1 Filed 11/30/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE D1STRIC’I` OF DELAWARE
HSMY, Incorporated, a Delaware
Corporation, a/k/a I·I.S.lVI.Y., Inc. :
: C. A. No.
GETTY PETROLEUM MARKETING, :
INC., a Maryland Corporation, :
NOTICE OF REMOVAL
Defendant, Getty Petroleum Marketing, Inc. ("Getty”), by its undersigned counsel,
hereby tiles this Notice of Retrieval of the civil action captioned HSMK Incorporated v. Getty
Petroleum Marketing, Inc., CA. No 05C-ll—0l.3 (JTV) (the “State Court Action") from the
Superior Court of the State of Delaware in and for Kent County. This Notice is tiled pursuant to
2.8 U.S.C. §§ M4} and M46,
The grounds for removal are as follows:
l. Plaintiff, HSMY, Incorporated, a/lc/a H.S.M.Y., Inc. commenced the State Court
Action by tiling a Complaint in the Superior Court of the State of Delaware in and for Kent
County on or about November 4, 2005.
2. Plaintiff purported to serve Getty with the Complaint through its registered agent,
The Corporation Trust Company on or about November 15, 2005. A copy of Plaintiffs
Complaint and Sumrnons are attached hereto as Exhibit “A.”
Case 1:05-cv-00818-JJF Document 1 Filed 11/30/2005 Page 2 of 4
3. At the time the Complaint was tiled and at the time of removal, Getty was and
remains a conioration organized and existing under the laws of the State of Maryland, with its
principal place of business in East Meadow, New York.
4, Plaintiff HSMY is and was at the time this action was commenced a Delaware
corporation with its principal place of business located in Newark, Delaware.
5. Plaintiff seeks in excess of $l00,000, exclusive of interest and costs in this action.
6, This Court is the proper venue for this action pursuant to §l44l(a). In fact,
Plaintiff commenced the State Court Action in the Superior Court ofthe State of Delaware,
7. The State Court Action is removable from the Superior Court of the State of
Delaware in and for Kent County to this Court pursuant to 28 USC. §l332(a)(l) and §l441(a).
8, No additional pleadings have been tiled by Plaintiff, and no proceedings have
occurred in the State Court Action.
9. This Notice of Removal is timely tiled pursuant to 28 USC §l446(‘o).
l0. Pursuant to 28 USC. §l446(d), Getty is simultaneously giving written notice of
the tiling of this Notice of Removal. A copy of this Notice of Removal and all supporting papers
were tiled with the Prothonotary ofthe Superior Court of the State of Delaware in and for Kent
WHEREFORB, Defendant Getty respectfully requests that the State Court Action be
removed to this Court, as provided by 28 USC. §§ 144l, et seq,
Case 1:05-cv-00818-JJF Document 1 Filed 11/30/2005 Page 3 of 4
DATED: November 30, 2005 DU MO LP
K att Neidennan (Del. . .. No. 4018)
1100 North Market Street, 12"` Floor
Wilmington, Delaware 19801
Attorneys for Defendant
DUANE MORRIS LLP Getty Petroleum Marketing, Inc,.
Harvey Gurland, Esq.
200 South Biscayne Blvd., Ste. 3400
Miami, Florida 33131
cc: Prothonotary, Kent County
Case 1:05-cv-00818-JJF Document 1 Filed 11/30/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I IIEREBY CERTIFY this 30th clay of November, 2005, that true and correct copies of
the foregoing "Notice of Removal" were served by facsimile and Federal Expxss to counsel
Basil Cr Kollias, Esq.
Jolm C, Andrade, Esq.
Parkowski, Gaerke & Swayze, RA.
116 West Water Street
PIO. Box 598
Dover, Delaware l9903
MATT NEIDERMAN (IDN go, $18)