Free Notice of Removal - District Court of California - California

Case 5:O7—cv—O248-RS Document 1 Filed O5/OQWO7 Page 1 of 3
1 JAMES L. JACOBS, State Bar N0. I58277 i iiii.
ROBERT W. LUCKLINBILL, State Bar No. l3I977 2&= _
2 GCA LAW PARTNERS LL? 1
1891 Landings Drive
3 Mountain View, CA 94043 N ff n I
4 Telephone: (650) 428-3900 ‘== Riga R 5
Facsimile: (650) 428-3901 Qtr! I 1
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5 Attorneys for Defendant °%{s,§x.g—,,; Pi-;.t_$,!
DRS Tactical Systems, Inc. $·ta.·;ji{r§;;"2‘;~&·°=”Zf,»»i_,,i,., .»·‘ ,
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3 UNITED STATES DISTRICT COURT _ ` ‘,‘ .¤“”"*’
tit it .
9 NORTHERN DISTRICT OF CALIFORNIA %
IU SAN JOSE DIVISION E _
1 1 ,... . .. , ..7. .=.. -
“`=` ` .
I2 PALPILOT INTERI\IATIONAL _=___ ==’`" `
CORPORATION, a California corporation `7``` ` 1=`1 I `
13 NOTICE OF REMOVAL OF ACTION
Plaintiff PURSUANT TO 28 U.S.C. § I· 14 [DIVERSITY]
vs.
y I5 Santa Clara County
DRS TACTICAL SYSTEMS, INC., a Superior Court
J I6 Florida corporation, and DOES 1 to 10, Case No. l07CV0833091
inclusive
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Defendant
I8
19 TO THE HONORABLE UNITED STATES DISTRICT COURT FOR THE NORTHERN
20 DISTRICT OF CALIFORNIA:
21 PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. § I·¤£41(_a), defendant DRS
22 Tactical Systems, Inc. ("DRS Tactical"), a Florida corporation, hereby removes this action.
23 to this Court. In support of the removal of this action, DRS Tacticai states the following;
24 1. On April 3, 2007, an action was commenced in the Superior Court of the
25 State of California in and for the County of Santa Clara, entitled Paipilot International
26 S Corporation, a California corporation vs. DRS Tactical Systems, Inc., a Florida
27 corporation, as Case Nurnber I07C\/0833091.
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Notice of Removal _l_

Case 5:O7—cv-O2? -RS Document 1 Filed O5/O%OO7 Page 2 of 3
l 2. The tirst date upon which defendant DRS Tactical received a copy of the
2 complaint ("Complaint") in the aforesaid action was April 9, 2007, when defendant
3 received a copy of the Complaint and a summons from the said state court. Pursuant to 28
4 l,l.S.C. § l446(a), a copy of the Complaint and all other documents that plaintiff Palpilot ·
5 international Corporation ("Pa1pi1ot’”) has purportedly served on DRS Tactical are annexed
6 hereto collectively as "Exhibit A."
7 3. This Notice of Removal is filed within 30 days after service of the
8 Complaint upon DRS Tactical, in compliance with 28 U.S.C. § 1446(b).
9 4. BASlS FOR FEDERAL JURISDICTION: This Court has original
l0 jurisdiction over this action pursuant to 28 U.S.C. § 1332. Jurisdiction exists because at all l
ll relevant times, the parties have been and are, respectively, citizens of different states and
12 the amount in controversy, exclusive of interest and costs, exceeds $75,000.
13 a) Defendant DRS Tactical is, and was at the time of the filing of this
l4 action, a corporation organized under the laws of the State of Florida, with its principal
15 place of business located in Melbourne, Florida. Defendant is informed and believes that .
16 plaintiff was, at the time of the filing of this action, and still is, a corporation organized ·
17 under the laws of the State of California with its principal place of business located in ·
l8 Santa Clara, California.
1.9 b) Plaintiff s Complaint states that plaintiff seeks compensatory
20 damages of $38l,539.24, plus interest. This amount of damages sought exceeds the
21 $75,000 threshold.
22 5. DRS Tactical is not a citizen of the State of California. Accordingly, this
23 action may be removed to this Court pursuant to 28 U.S.C. § 144l(b).
24 6. lN'l`RADlSTRlCT ASSIGNMENT: Assignment of this matter to the San
25 lose Division is appropriate by virtue of the fact that it has been removed from the Superior
26 Court of California for the County of Santa Clara.
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p NOTZJCCG of R@I!lOV&]. _2_

Case 5:O7—cv—O24iRS Document 1 Filed O5/OQWO7 Page 3 of 3
I 7. Puarsuant to 28 U.S.C. § l446(d), DRS Tactical will tile a copy of this
2 Notice of Removal with the Clerk of the Supettior Court of Santa Clara County, and will
3 serve a copy of this Notice on counsel for Plaintiff.
t t
_ Dated: May , 2007
3 GCA LAW PARTNERS LP
6 c‘l=' g
7 By ~ ttti eee c no t
8 5 es L. Jacobs ly
9 ¤‘ c eys for Defendant
DRS Tactical Systems, lnc.
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Notice of Remove} _3__

Case 5:07-cv-02481-RS

Document 1

Filed 05/09/2007

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Case 5:07-cv-02481-RS

Document 1

Filed 05/09/2007

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Case 5:07-cv-02481-RS

Document 1

Filed 05/09/2007

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