Free Notice of Removal - District Court of Delaware - Delaware

Case 1:05-cv-00333—Gl\/IS Document 1 Filed 05/26/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NICOLE STEWART SIZER, )
Plaintiff, I
vs. I Civil Action No.
INDEPENDENT NEWSPAPERS, INC., I
a Delaware Corporation, )
Defendant. )
NOTICE OF REMOVAL
Defendant Independent Newspapers, Inc. ("Il\iI" or "Defendant"), by and through
undersigned counsel, hereby gives notice that this matter has been removed, pursuant to
28 USC. § 1446, to the United States District Court for the District of Delaware. The grounds
for the removal are as follows:
1. Plaintiff Nicole Stewart Sizer ("Plaintiff") commenced this action, entitled &c_g_1_e
Stewart Sizer v. Independent Newspapers, Inc., Civil Action 05C—05-023 WLW, (the ‘*State
Action") in the Superior Court ofthe State of Delaware, Kent County. The Complaint in the
State Action was tiled on or about May i3, 2005. Defendants were served on May 18, 2005.
2. This action, the nature of which is reflected in Piaintiffs Complaint, a copy of
which is attached hereto as Exhibit "A," alleges violations ofthe Delaware Discrimination in
Ernpioyment Act, 19 Q], Q § 710 et seq., and the Family and Medical Leave Act ("FMISA"), 29
USC. § 2601 et seq.
3. This Court has federai question jurisdiction over the action because Plaintiff seeks
to enforce her rights under the FMLA, pursuant to 29 U.S. C. § 2601 at seq.
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Case 1:05-cv-00333—Gl\/IS Document 1 Filed 05/26/2005 Page 2 of 4
4i This action is theret`ore one over which the United States District Courts have
original federal question jurisdiction under 28 USC, § 1331 and this action niay be removed to
this Court by Defendant pursuant to 28 USC, § 1441, This Court has supplemental jurisdiction
over the remaining state claim under 28 USC, § 1.367,
5. Defendant has petitioned for removal of the State Action within the 30-day period
allowed by 28 USC. § l446(d).
6, Copies ofthe Compiaint and other papers served upon Defendant, if any, in the
State Action are attached.
7, Under 28 USC. § 1441, et seq., the right exists to remove this case from the
Superior Court ofthe State of Delaware in and for Kent County, which embraces the place where
this action is pending, Defendant does not contest venue.
8. Written notice ofthe tiling of this Notice of Removal wiii be given to all adverse
parties as required by law,
9. A true and correct copy of this Notice of Removal will be tiled with the
Prothonotary, Superior Court ofthe State of Delaware in and for Kent County, as required by
law.
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Case 1:05-cv-00333—Gl\/IS Document 1 Filed 05/26/2005 Page 3 of 4
WHEREFORE, Defendant respectfuily requests that this action now pending against it in
the Superior Court ofthe State of Deiaware in and for Kent County, he removed therefrom to
this Court and that this action he placed upon the docket of this Court for further proceedings, as
though this action originally had been instituted in this Court,
YOUNG CONAWAY STARGATT & TAYLOR, LLP
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Barry M. Willoughby, Esquire (No, IOI6)
Margaret M. DiBianca, Esquire (N o. 4539)
The Brandywine Building
1000 West Street, 17th Floor
P.O. Box 391
Wilmington, Deiaware 198'/9»0391
Teiephone: (302) 5716008
Facsimile: (302) 576-3476
[email protected]
[email protected]
Attorneys for Det`enciant
Dated: May 26, 2005
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Case 1:05-cv-00333—Gl\/IS Document 1 Filed 05/26/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that ou May 26, 2005, I caused a copy of Notice of Removal to be
served by U.S. mail on the following counsel of record:
Noel E. Primos, Esquire
Sclimittinger & Rodriguez, RA.
414 South State Street
RO. Box 497
Dover, DE 19903
YOUNG CONAWAY STARGATT & TAYLOR, LLP
i/L{/ { r ,.
L
Barry M. Willoughby, Esquire (No. 1016)
Margaret M. DiBianea, Esquire (No,. 4539)
The Brandywine Building
1000 West Street, 17th Floor
P.O, Box 391
Wilmington, Delaware 19879-0391
Telephone: (302) 57145008
Facsimile: (.302) 576-.3476
[email protected]
1ndibiauca@ycst,co11i
Attorneys for Defendant
Dated: May 26, 2005
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