Free Notice of Removal - District Court of Delaware - Delaware

Case 1:05-cv-00125-Gl\/IS Document 1 Filed O3/O4/2005 Page 1 of 4
· I l IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
JOHN J. BEDNARSKI and :
RUTH BEDNARSKI, h/w : _` ____
; c.A. NO.:
Piarmrrrs, ; ` _
V" 3 E Q g
E and s coNrRAcr CARRIERS, INC. : I .:”€`
CLARENCE JONES and : =__
1 & A TRANSPORT and ;
MARTIN CAMACHO ` ` ' ’
Defendants. :
NOTICE OF REMOVAL
TO THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF DELAWARE:
Defendants, E & S Contract Carriers, Inc. and Clarence Jones, by and through their
attorneys, Rawle and Henderson, LLP, respectfully aver as follows:
1. Defendant, E & S Contract Carriers, Inc., at all material times, was and is a
corporation incorporated under the laws of the Commonwealth of Virginia with its principal
place of business in Richmond, Virginia.
2. Defendant, Clarence Jones, at all material times, was and is a citizen of the
Commonwealth of Virginia.
3. Co-defendant, I & A Transport is a Florida corporation with its principal place of
business located in Miami, Florida.
4. Co-defendant, Martin Camacho is a resident of Florida whose primary residence
is located in Miami, Florida.
5. At all material times hereto, plaintiffs were and are citizens of Connecticut, and
they reside in Connecticut,. See Exhibit A - Plaintiffs’ Complaint.
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Case 1:05-cv-00125-Gl\/IS Document 1 Filed O3/O4/2005 Page 2 of 4
‘ I 4. Plaintiff has commenced a civil action against defendant in the Superior Court of
Delaware in and for New Castle County. The Complaint, was filed on September 2, 2004.
5. According to the docket entries the Complaint was served on the Secretary of
State for Delaware on November 10, 2004. Based upon information and belief, service has not
been fully effectuated upon any defendant. Pursuant to 10 E Q §3l04 and §3l 12 service is
effectuated upon the Secretary of State and "provided that not later than 7 days following the
filing of the return of services process... shall send the complaint by registered mail to the non-
resident defendant." According to the docket, no Affidavit of Service or of Non-Receipt has
been filed with the court.
6. Plaintiffs have alleged permanent injuries and extensive medical care as a result
of the motor vehicle accident at issue in this lawsuit.
7. In addition, plaintiffs counsel has certified that the value of the lawsuit is in
excess of $100,000; A copy of the Certificate of Value letter is attached hereto as Exhibit "B.”
6. Based upon a fair reading of the Complaint and the Certificate of Value, plaintiffs
have set forth a claim in which an amount in excess of the jurisdictional limit of $75,000,
exclusive of interest and costs, may be at stake.
8. This Removal is timely filed pursuant to 28 U.S.C. §l446 as service has not been
effectuated upon any defendant.
7. Diversity of citizenship within the meaning of 28 U.S.C. §l332, exists between
plaintiffs and defendants since:
(a) plaintiffs are citizens and residents of the State of Cormecticut; and
(b) defendants are not citizens or residents of the State of Cormecticut. I
8. Furthermore, diversity of citizenship existed at the time the action sought to be I
removed was commenced and continues through the time of filing of this notice, such that `
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Case 1:05-cv-00125-GIVIS Document 1 Filed O3/O4/2005 Page 3 of 4
‘ defendants are entitled to removal pursuant to 28 U.S.C. §1441 as amended, and 28 U.S.C.
§1446.
WHEREFORE, defendants, E & S Contract Carriers, Inc. and Clarence Jones, pray that
the above-captioned action now pending in the Superior Court of Delaware in and for New
Castle County, be removed there from to This Honorable Court.
RAWLE & HENDERSON, LLP
\` I ` } - hl Ir ` 1,-_ _ ';s
% " ‘‘‘· »- " ` ‘..
By: .... _
Delia A. cial 3337)
Attorneys for Defendants
300 Delaware Avenue, Suite 1015
Wilmington, DE 19801
(302) 778-1200
3
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Case 1:05-cv-00125-GIVIS Document 1 Filed O3/O4/2005 Page 4 of 4
CERTIFICATE OF SERVICE
It is hereby certified that a true and correct copy of the within-captioned Notice of
Removal Pursuant to 28 U.S.C. §1446(d) was served via first-class mail, postage prepaid, on
counsel for plaintiffs listed below:
Mark L. Reardon
Eluzofon, Austin, Reardon,
Tarlov & Mondell
300 Delaware Avenue,
PO Box 1630
Wilmington, DE 19801
James E. Butler
Miller, Rosnick, D'Amico & de Lucia
1087 Broad street
Bridgeport, CT 06604
RAWLE & HENDERSON, LLP
A Br
`De ia A. Clark U
Attorneys for Defendants
300 Delaware Avenue, Suite 1015
Wilmington, DE 19801
(302) 778-1200
Dated:
4
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