Free Notice of Removal - District Court of Delaware - Delaware

Case 1:05-cv-00296-SLR Document 1 Filed 05/16/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT O]? DELAWARE
DAKOTA IMAGING, INC., )
Plaintiff, i
Vs. i Civil Action No.
SANDEEP GOEL and i
PRADEEP GOEL, )
Defendants. )
NOTICE _OF REMOVAL
Defendants Sandeep Goel and Pradeep Goel (collectively "Defendants"), by and through
undersigned counsel, hereby give notice that this matter has been removed, pursuant to 28 U..S..C.
§ I446, to the United States District Court for the District of Delaware. The grounds for the
removal are as follows:
1. Plaintiff Dakota Imaging, Inc. (‘°Plaintiff") commenced this action, entitled
Dczlcota banging, Inc. v. Scmdeep Goal, et al., Case N0., 1.232-/V in the Couit of Chancery of the
State of Delaware, New Castle County. The Complaint was filed on or about April 8, 2005.
Defendants were served on April 18, 2005,
2. in its Complaint, Plaintiff alleges that it is entitled to damages and injunctive
relief against Defendants based on their alleged breaches of their Employment Agreements, a
Merger Agreement, breach of fiduciary duty and other allegedly wrongful conduct.
3. On May 9, 2005, Defendants answered the Complaint and tiled a Counterclaim
against Plaintiff alleging breach of contract, anticipatory breach of contract and breach of
implied covenant of good faith and fair dealing.
WP3:l122313·1 64142.1001

Case 1:05-cv-00296-SLR Document 1 Filed 05/16/2005 Page 2 of 3
4. Plaintiff is a Maryland corporation with a principal place of business in Columbia,
Maryland. Plaintiff is a wholly owned subsidiary of Envoy Corporation, which in turn, is a
wholly owned subsidiary of WebMD Corporation, a Delaware Corporation.
5. Defendants Sandeep Goel and Pradeep Goel are both residents of Florida, with
principal residences in Boca Raton, hloridai
6. The amount in controversy in this litigation exceeds the sum of $75,000,
exclusive of interest and costs. i
7. The Court has original jurisdiction to adjudicate the above-referenced dispute on
the basis of diversity pursuant to 28 U.S.C. § 1332. This case is, therefore, removable to this
Count under 28 U.S.C. §l44l(b).
8. This Notice of Removal is being filed within .30 days ofthe Defendants’ receipt of
the Complaint and is hereby timely tiled under 28 U.S.C. § 1446(b).
9. Copies ofthe Summons and Complaint served upon Defendants, and Answer and
Counterclaim are attached hereto.
10. Defendants have tiled a copy ofthe Notice of Removal with the Court of
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Case 1:05-cv-00296-SLR Document 1 Filed 05/16/2005 Page 3 of 3
Chancery of the State of Delaware, New Castle County, A copy of that Notice is attached
hereto,.
Respectfully submitted,
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Michael P, Stafford, squire (No, 446l)
The Brandywine Building
{OOO West Street, l'/th Floor
P.O, Box 391
Wilmington, Delaware 198790391
Telephone: (302) 571—6553
Facsimile: (302) 576-3461
Email: mstafford@ycst,com
Attomeys for Defendants
OF COUNSEL:
Ward B, Coe III, Esquire
Kevin C, McCormick, Esquire
WHITEFORD, TAYLOR & PRESTON
Seven Saint Paul Street, Suite 1400
Baltimore, Maryland 21202
410—347—8779
Dated: May l [D , 2005
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