Free Notice of Removal - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ASHOK V. SHAH P.O. Box 1182 New Castle, Delaware 19720, Plaintiff, v. BANK OF AMERICA 300 N. Wakefield Drive Newark, Delaware 19702, Defendant. ) ) ) ) ) Civil Action No. _____________ ) ) ) ) ) ) ) ) NOTICE OF REMOVAL Defendant Bank of America ("Defendant"), by and through the undersigned counsel, hereby gives notice that this matter has been removed, pursuant to 28 U.S.C. §§ 1332, 1441, and 1446. The grounds for removal are as follows: 1. Defendant seeks removal of this case from the Superior Court of the State

of Delaware in and for New Castle County (the "State Court"), where this matter is now pending under the name and style of Ashok V. Shah v. Bank of America, C.A. No. 07C-05-270CC (the "State Action"). 2. Plaintiff instituted this action in the State Court on August 13, 2007.

Defendant first obtained a copy of Plaintiff's filed Complaint on August 27, 2007. 3. No further proceedings in this matter have been had in the State Court. A

copy of the Complaint and Summons are attached as Exhibit 1 pursuant to 28 U.S.C. § 1446(a).

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4.

In his Complaint, Plaintiff alleges that he was "terminated due to

discrimination based on race, national origin." This allegation appears to be asserted under Title VII of the Civil Rights Act of 1964, as amended. 5. Plaintiff seeks lost salary in the amount of $1,440,000 and punitive

damages in the amount of $3,000,000,000. 6. This Court has jurisdiction over this action under 28 U.S.C. § 1332, which

provides in relevant part: "district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs and is between ­ (1) citizens of different states...." There is complete diversity of citizenship between Plaintiff and Defendant: (a) (b) Plaintiff is a resident of the State of Delaware; Defendant is a federally chartered national bank with its main

office, as listed in its organization certificate, in Charlotte, North Carolina; (c) For purposes of diversity jurisdiction, a national bank is located in

the State in which its main office, as listed in its organization certificate, is located. See Wachovia Bank, Nat'l Assoc. v. Schmidt, 546 U.S. 303 (2006). Thus, Defendant is a citizen of North Carolina; (d) demands. 7. To the extent Plaintiff is asserting any claims under state law, this Court The amount in controversy requirement is satisfied by Plaintiff's

has supplemental jurisdiction over said claims pursuant to 28 U.S.C. § 1367.

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8.

This Notice of Removal is being filed with this Court within 30 days of

Defendant's receipt of the Complaint and is hereby timely filed pursuant to 28 U.S.C. § 1446(b). 9. Defendant has filed a true and correct copy of the Notice of Removal with

the Superior Court of the State of Delaware in and for New Castle County. A copy of the Notice is attached hereto as Exhibit 2. WHEREFORE, Defendant respectfully requests that this action now pending against it in the Superior Court of the State of Delaware in and for New Castle County, be removed therefrom to this Court and that this action be placed upon the docket of this Court for this Court for further proceedings, as though this action originally had been instituted in this Court. Respectfully submitted, /s/ Sheldon N. Sandler Sheldon N. Sandler, Esquire (No. 245)
YOUNG CONAWAY STARGATT & TAYLOR, LLP

The Brandywine Building, 17th Floor 1000 West Street, P.O. Box 391 Wilmington, DE 19899-0391 Telephone: (302) 571-6673 Facsimile: (302) 576-3330 E-mail: [email protected]

DATE: September 17, 2007

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CERTIFICATE OF SERVICE I hereby certify that, on September 17 2007, I caused a copy of the foregoing Notice of Removal to be served by United States Certified Mail, Return Receipt Requested, and by United States Mail, postage prepaid, on: Ashok V. Shah P.O. Box 1182 New Castle, Delaware 19702 Plaintiff Pro Se YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Sheldon N. Sandler Sheldon N. Sandler, Esquire (No. 245) The Brandywine Building, 17th Floor 1000 West Street, P.O. Box 391 Wilmington, DE 19899-0391 Telephone: (302) 571-6673 Facsimile: (302) 576-3330 E-mail: [email protected]

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EXHIBIT 1

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EXHIBIT 2

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY ASHOK V. SHAH P.O. Box 1182 New Castle, Delaware 19720, Plaintiff, v. BANK OF AMERICA 300 N. Wakefield Drive Newark, Delaware 19702, Defendant. ) ) ) ) ) C.A. No. 07C-05-270 WCC ) ) ) ) ) ) ) )

NOTICE OF FILING OF NOTICE OF REMOVAL PLEASE TAKE NOTICE that Defendant has removed the above-captioned action to the United States District Court for the District of Delaware. A copy of the Notice of Removal filed with the United States District Court for the District of Delaware on September 17, 2007, is attached as Exhibit 1. Service of this Notice effects removal; the federal statute requires that the State Court proceed no further unless and until the case is remanded. 28 U.S.C. § 1446(d); Resolution Trust Corp. v. Bayside Developers, 43 F.3d 1230, 1238 (4th Cir. 1994) ("Thus the clear language of the general removal statute provides that the state court loses jurisdiction upon the filing of the petition of removal.").

{Signature contained on the following page}

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YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Sheldon N. Sandler Sheldon N. Sandler, Esquire (No. 245) The Brandywine Building, 17th Floor 1000 West Street, P.O. Box 391 Wilmington, DE 19899-0391 Telephone: (302) 571-6673 Facsimile: (302) 576-3330 E-mail: [email protected]

DATE: September 17, 2007

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CERTIFICATE OF SERVICE I hereby certify that, on September 17 2007, I caused a copy of the foregoing Notice of Filing of Notice of Removal to be served by United States Certified Mail, Return Receipt Requested, and by United States Mail, postage prepaid, on: Ashok V. Shah P.O. Box 1182 New Castle, Delaware 19702 Plaintiff Pro Se YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Sheldon N. Sandler Sheldon N. Sandler, Esquire (No. 245) The Brandywine Building, 17th Floor 1000 West Street, P.O. Box 391 Wilmington, DE 19899-0391 Telephone: (302) 571-6673 Facsimile: (302) 576-3330 E-mail: [email protected]

JS 44 (Rev. 3/99)

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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 the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I. (a) PLAINTIFFS
Ashok V. Shah (b)

DEFENDANTS
Bank of America

County Of Residence Of First Listed Plaintiff: New Castle County (Except In U.S. Plaintiff Cases)

County Of Residence Of First Listed Defendant: (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED Attorneys (If Known)

(c)

Attorneys (Firm Name, Address, And Telephone Number)

Plaintiff Pro Se Ashok V. Shah P.O. Box 1182 New Castle, DE 19720

Sheldon N. Sandler (Bar I.D. 0245) Young Conaway Stargatt & Taylor, LLP 1000 West Street, 17th Floor, P. O. Box 391 Wilmington, DE 19801 Attorneys for Defendant
(PLACE AN X IN ONE BOX ONLY)

II. BASIS OF JURISDICTION
¨ 1 U.S. Government Plaintiff ¨ 2 U.S. Government Defendant ¨

III. CITIZENSHIP OF PRINCIPAL PARTIES
(For Diversity Cases Only) Citizen of This State Citizen of Another State Citizen or Subject of a Foreign Country

3 Federal Question (U.S. Government Not a Party)

ü 4 Diversity (Indicate Citizenship of Parties in Item III) (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 PERSONAL INJURY ¨ 362 Personal Injury Med Malpractice ¨ 365 Personal Injury Product Liability ¨ 368 Asbestos Personal Injury Product Liability PERSONAL ROPERTY ¨ 370 Other Fraud ¨ 371 Truth in Lending ¨ 380 Other Personal Property Damage ¨ 385 Property Damage Product Liability

(Place An X In One Box For Plaintiff And One Box For Defendant) PTF DEF PTF DEF ü1 ¤1 Incorporated or Principal Place ¤4 ü¤4 of Business in This State ¤2 ¤2 Incorporated and Principal Place ¤5 ¤5 of Business in This State ¤3 ¤3 Foreign Nation ¤6 ¤6

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

FORFEITURE/PENALTY ¨ 610 Agriculture ¨ 620 Other Food & Drug ¨ 625 Drug Related Seizure of Property 21 U.S.C. 881 ¨ 630 Liquor Laws ¨ 640 R R & Truck ¨ 650 Airline Regs ¨ 660 Occupational Safety/Health ¨ 690 Other LABOR ¨ 710 Fair Labor Standards Act ¨ 720 Labor/Mgmt Relations ¨ 730 Labor/Mgmt. Reporting & Disclosure Act ¨ 740 Railway Labor Act ¨ 790 Other Labor Litigation ¨ 791 Empl Ret Inc Security Act

BANKRUPTCY ¨ 422 Appeal 28 U.S.C. 158 ¨ 423 Withdrawal 28 U.S.C. 157 PROPERTY RIGHTS ¨ 820 Copyrights ¨ 830 Patent ¨ 840 Trademark SOCIAL SECURITY ¨ 861 HIA (1395ff) ¨ 862 Black Lung (923) ¨ 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 U.S.C. 7609

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 U.S.C. 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 x890 Other Statutory Actions

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

CIVIL RIGHTS ¨ 441 Voting ü 442 Employment ¨ 443 Housing/ Accommodations ¨ 444 Welfare ¨ 440 Other Civil Rights

PRISONER PETITIONS ¨ 510 Motions to Vacate Sentence Habeas Corpus ¨ 530 General ¨ 535 Death Penalty ¨ 540 Mandamus & Other ¨ 550 Civil Rights ¨ 555 Prison Condition

IV. ORIGIN
¨1

(PLACE AN "X" IN ONE BOX ONLY)

Original Proceeding

ü

2 Removed from

3

Court

Remanded from Appellate Court

¨ 4 Reinstated or

Reopened

Transferred from another district ¨ 5 (specify) ¨ 6 Multidistrict Litigation

Appeal to District Judge from ¨ 7 Magistrate Judgment

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 STATUTSE UNLESS DIVERSITY.) Plaintiff alleges he was "terminated due to discrimination based on race, national origin." This allegation appears to be asserted under Title VII of the Civil Rights Act of 1964, as amended.

VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A UNDER F.R.C.P. 23

CLASS ACTION

YES ü NO

DEMAND $ 1,440,000 + $3,000,000,000 in damages JURY DEMAND : YES ü NO

Check YES only if demanded in complaint

VIII. RELATED CASE(S) (See instructions) IF ANY DATE September 17, 2007 FOR OFFICE USE ONLY

JUDGE: DOCKET NUMBER: SIGNATURE OF ATTORNEY OF RECORD: /s/ Sheldon N. Sandler

RECEIPT # _______________________ AMOUNT ________________________ APPLYING IFP ________________________ JUDGE _________________________ MAG. JUDGE _________________________

JS 44 Reverse (Rev. 3/99)

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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 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 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 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 is based on 28 U.S.C. 1345 and 1348. Suits 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 citizenship 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. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. 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 suit. If the cause fits more than one nature of suit, select the most definitive. Origin. Place an "X" in one of the seven boxes.

IV. V.

VI.

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 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's decision. 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 relating 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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