Free Notice of Removal - District Court of Delaware - Delaware

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE : TRI-STATE ENERGY SOLUTIONS, LLP a : Civil Action No. Delaware Limited Liability Partnership; : : Plaintiff, : JURY TRIAL DEMANDED vs. : : KVAR ENERGY SAVINGS, INC., : : Defendant. : CERTIFICATE OF SERVICE I hereby certify that on April 11, 2008, I electronically filed the Notice of Removal with the Clerk of Court using CM/ECF. I hereby certify that on April 11, 2008, I have mailed by United States Postal Service, the document(s) to the following non-registered participants: Leo John Ramunno, Esq. (# 2003) 1205 N. King Street Wilmington, Delaware 19801 (302) 654-0660 Attorney for Tri-State Energy Solutions, LLP McCarter & English, LLP /s/ Daniel M. Silver A. Richard Winchester (#2641) [email protected] Daniel M. Silver (#4758) [email protected] 405 N. King Street Wilmington, DE 19801 (302) 984-6300 Attorneys for KVAR Energy Savings, Inc.

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CIVIL COVER SHEET
The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I.(a) PLAINTIFFS TRI-STATE ENERGY SOLUTIONS, LLP DEFENDANTS KVAR ENERGY SAVINGS, INC.

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF

New Castle, Delaware

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT

Port Orange, Florida

(EXCEPT IN U.S. PLAINTIFF CASES) (c) ATTORNEY'S (FIRM NAME, ADDRESS AND TELEPHONE NUMBER) McCarter & English LLP, Renaissance Centre 405 N. King Street, Wilmington DE 19801, (302) 984-6300
II. BASIS OF JURISDICTION
(PLACE AN "X" IN ONE BOX ONLY)

(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.
ATTORNEYS (IF KNOWN)

Leo John Ramunno, Esq. (# 2003) 1205 N. King Street Wilmington, Delaware 19801, (302) 654-0660
(PLACE AN "X" IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
PTF DEF

28 U.S.C. § 1332

III. CITIZENSHIP OF PRINCIPAL PARTIES (For Diversity Cases Only)
PTF DEF

1 U.S. Government Plaintiff 2 U.S. Government Defendant

3 4

Federal Question (U.S. Government Not a Party Diversity (Indicate Citizenship of Parties in Item III)

Citizen of this State Citizen of Another State

1 2

1 2

Incorporated or Principal Place of Business in This State Incorporated and Principal Place of Business in Another State Foreign National

4 5

4 5

Citizen or Subject of a Foreign Country

3

3

6

6

IV. ORIGIN
1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court

(PLACE AN "X" IN ONE BOX ONLY)
4 Reinstated or Reopened 5 Transferred from another district (specify) 6 Multi-District Litigation 7 Appeal to District Judge from Magistrate Judgment

V. NATURE OF SUIT
CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability
REAL PROPERTY

(PLACE AN "X" IN ONE BOX ONLY)
TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury
CIVIL RIGHTS PRISONER PETITIONS

PERSONAL INJURY 362 Personal Injury Med. Malpractice 365 Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability Personal property 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability

FORFEITURE/PENALTY 610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 881 630 Liquor Laws 640 RR & Truck 650 Airline Regs 660 Occupational Safety/Health 690 Other

BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157
PROPERTY RIGHTS

820 Copyrights 830 Patent 840 Trademark

OTHER STATUTES 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce/ICC Rates/ etc 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900 Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes 890 Other Statutory Actions

LABOR

SOCIAL SECURITY

710 Fair Labor Standards Act

861 HIA (1395ff) 862 Black Lung (923)

210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 440 Other Civil Rights

510 Motions to Vacate Sentence HABEAS CORPUS: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

720 Labor/Mgmt Relations 730 Labor/Mgmt Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl Ret Inc Security Act

863 (DIWC/DIWW (405(g))) 864 SSID Title XVI 865 RSI (405(g))
FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff or Defendant) 871 IRS Third Party 26 USC 7609

VI. CAUSE OF ACTION

(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE BRIEF STATEMENT OF CAUSE DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Breach of contract/tort action arising among diversity citizens in excess of $100,000 - 28

U.S.C. § 1332

VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 (See instructions):
JUDGE

DEMAND

$ 100,000 +

CHECK YES only

if demanded in complaint
YES NO

JURY DEMAND

VIII. RELATED CASE(S) IF ANY
DATE

Judge Patricia c. Fawcett
SIGNATURE OF ATTORNEY OF RECORD

DOCKET NUMBER

08-CV-85 M.D. FLA.

/s/ Daniel M. Silver
FOR OFFICE USE ONLY
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RECEIPT # AMOUNT

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MAG. JUDGE

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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44 Authority For Civil Cover Sheet
The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other pages as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suites by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked the citizen ship of the different parties must be checked. (See Section III below: federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS-44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Origin. Place an "X" is one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under the authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision. V. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV above, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suite. If the cause fits more than one nature of suit, select the most definitive. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS-44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

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