Chapter 3 - FORM 3-7 : NOTICE OF REMOVAL

• Jurisdiction: Colorado

Form 3-7: Notice of Removal

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. [case number]

Plaintiffs, [plaintiffs' names]

v.

[defendant's name] Defendant

NOTICE OF REMOVAL

Defendant [defendant's name], through its counsel [name of attorney or law firm], submits its Notice of Removal pursuant to 28 U.S.C. §§ 1332, 1441, and 1446. As grounds for removal, the Defendant states as follows:

I. BACKGROUND

1. On or about [date], Plaintiff(s) [name(s) of plaintiff(s)] filed a civil action against [name(s) of defendant(s)] in the District Court, County of [county], State of Colorado, designated as [name of case], Case No. [case number] ([exact title of complaint], Exhibit [exhibit number]).

2. In Case No. [case number], [describe details of case, including information regarding type of plaintiff(s) and kinds of claims].

II. GROUNDS FOR REMOVAL

3. This case is removable pursuant to 28 U.S.C. §§ 1332, 1441 and 1446.

A. Removal is Timely

4. This Notice of Removal is filed within thirty (30) days after the Defendant's receipt of [describe pleading or other paper that provided information showing case was removable and the date of receipt of that pleading or paper], which is when it was "first . . . ascertain[able] that the case is one which is or has become removable." 28 U.S.C. § 1446(b).

B. This Court Has Original Jurisdiction

1. Complete Diversity Exists

5. [Describe pleadings or other papers indicating the residency or citizenship of the plaintiff or plaintiffs for diversity jurisdiction purposes, and attach any necessary exhibit(s).]

6. [Describe pleadings or other papers indicating the residency or citizenship and principal place of business of the defendant or defendants for diversity jurisdiction purposes, and attach any necessary exhibit(s).]

2. The Amount in Controversy is Satisfied

7. [Describe the pleadings or other papers indicating the amount in controversy requirement for removal on diversity grounds is satisfied, and attach any necessary exhibit(s).]

8. As alleged by the [choose one: Plaintiff or Plaintiffs], this controversy readily satisfies the amount in controversy of $[dollar amount] for purposes of original jurisdiction under 28 U.S.C. § 1332.

9. Based on the foregoing, this Court has original jurisdiction pursuant to 28 U.S.C. § 1332 [insert the subsection under which the case qualifies for removal].

10. Therefore, this case is removable...