Free Motion to Remand - District Court of Delaware - Delaware

Case 1 :06—cv—00274-Gl\/IS Document 4 Filed 05/10/2006 Page 1 of 4
’ t ‘ IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CHRIST]NA LIEF F/B/O TASHA LIEF, C.A NO. :06-274 6 N S
Plaintiii
V. gi
Tg; Zfjnnfl
A :
CAPE I-[ENLOPEN SCHOOL DISTRICT and Q 5 _
the DELAWARE DEPARTMENT OF E jj‘g:>_n é
EDUCATION, -5 ¤_g.¤'-EF i
··¤ MED
Defendants. := *;,2
ee Bia
RESPONSE TO THE NOTICE OF <-_; &%
Ramovm. "
NOW COMES THE PLAINTIFF HEREIN, CHRISTINA LIEF F/B/O TASHA LIEF, by p
and through her undersigned counsel, Bruce A. Rogers, Esquire, who does respond to the Notice
of Removal as follows:
l. Admitted.
2. Admitted.
3. Sentence one is admitted. Sentence two is specifically denied. Specifically, 20
U.S.C. 1415 (I)(2)(A) states that the aggrieved party has the right to bring a civil action in this
regard. In this instance, the Plaintiif tiled a timely appeal in the Family Court of the State of
Delaware in and for Sussex County, in accordance with 14 Delaware Code Section 3142. There
is no nexus or other connection with the forum selected for removal. All witnesses, records,
exhibits, documents and matters related to this matter are located in Sussex County, rather than
New Castle County. Petitioner presently resides out of state but has facilities for her stay in
Sussex County. Petitioner’s counsel and oflice is located in Sussex County with no branch or
satellite oflice in New Castle County. Defendant’s counsel (Young, Conaway, Stargatt and

Case 1 :O6—cv—OO274-Gl\/IS Document 4 Filed 05/10/2006 Page 2 of 4
Taylor) ·maintains an office in Sussex County, less than three blocks from the Court house.
Defendant’s counsel, Department of Justice, maintains an office in Sussex County, less than four
blocks from the Court house. The sole reason for removal by the Defendants is to inconvenience
the Plaintiff increase her expenses and cause additional and undue hardship by requiring the
matter to be litigated in New Castle County, rather than in the situs of the action (Sussex County).
Further, Defendants have shown no extenuating circumstances which would necessitate the
removal of this case to federal court rather than in the forum selected by the aggrieved party.
4. Admitted this Court has concurrent or supplemental jurisdiction over the special
education statutes of Delaware, however, Defendants have failed to allege, aver or prove that the
exercise of such supplemental or concurrent jurisdiction is necessary in this case.
5. No answer is required to this averment.
6. No answer is required to this averment.
7. No answer is required to this averment.
WHEREFORE, Plaintiff respectfully requests that the Defendants’ Notice of Removal be
denied and the matter proceed in the forum selected by the aggrieved party, the Plaintiff herein.
Respectfully submitted,
as]
B E ,. ire
Bruce A. Roge , ’ .A.
16 South Front Street
P.O. Box 876
Georgetown, DE 19947
(302)856-7161 - telephone
(302)856-7176 - facsimile
Email: [email protected]
Date; l tl Attorney for Plaintiff, Lief

Case 1:06—cv—00274-Gl\/IS Document 4 Filed 05/10/2006 Page 3 of 4
AFFIDAVIT QF MAILING
- , r
BE IT` REMEMBERED, that on this I I I day of May, 2006, personally appeared
before me, the Subscriber, a Notary Public for the State and County aforesaid,
·—. I
Ik IEDQK C I;L.IINIDE)Ij j , a secretary for the law Erm of BRUCE A. ROGERS, P.A.,
ATTORNEY AT LAW, Georgetown, Delaware, and being by me duly sworn according to law,
deposes and say that on the day of May, 2006 they forwarded two copies of the
Response to the Notice of Removal in the above captioned case by U.S. Mail, to:
Clerk of the Family Court Scott A. Holt, Esquire
22 The Circle Michael P. Stafford, Esquire
Georgetown, DE 19947 The Brandywine Building
P.O. Box 391
Wilmington, DE 19879-0391 .
Craig A. Fitzgerald, Esquire
Department of Justice
102 West Water Street
Dover, DE 19904
K L Q Q3 ,;v,_ .;¤,xe,§ 3 &i~—~
SWORN TO AND SUBSCRIBED before me day, month and year aforesaid.
/ f _ ’ ~ , j
Q / I ff Q I
NOTARY PUBLIC
DAWN M. CAREY
NOTAFIY PUBLIC
STATE OF DELWARE
MY COMMISSION EXPIRES 2/11/08

Case 1:O6—6\7¥O0`274¥GI\7|S‘44f2`4" Document 4 Filed 05/10/2006 Page 4 0f 4 44344 4 44 eeee 4 444
4 4 4 an r¤ M 44
V Q • cnru
4 4 W W an
4 ¤ G ><
4 44 ¢~· ,..l 4 4 5* Q c
4 44 2 ° ¤ 4
` "r _ 4 · 2 w I `EF
4 JU Q; .... 4 M E ;__
44 -.4·:. 4 ‘4-‘. 4+ F 0 4
4 ¤i ` 4 4 4 4 ‘ @*1 4 QE
\ 4 4 4 4 4 4 4 1:°;ge4e
4 4 V4 wz 4 ‘
4 (T
4 4 5 9 <><· 4
‘ * 4 B ' 4 4
° J 4 c/3 FL P (/-X ` 4 P
,.,.4* { 4 K4 -4 4 `;
4 4 3 P PY ·-4 U F ` 4
wx C4 X P` O 4 “
4;; `1' C? 4 74 - 4
4 ~4 5* T ° 44 4
,-4 G ye .-4 s` 4 _
. §< $ 4:; —=— 4 E 4 4
§® n I I V l V
Q4. ~» Cx 4
.... N 4 4
_ l M ·——4s »¤= s,>=§~
·-¤» wg; fb 4
Aw ::4- ex T
4 _ _ WA uz @4 pl `
4 mais? 4
4·· 4
L ** N3. rimku 4