Notice of Removal (Diversity Action including language for fraudulent joinder argument)

UNITED STATES DISTRICT COURT

[SOUTHERN/NORTHERN, ETC.] DISTRICT OF [STATE]

[Name], §

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Plaintiff, § Civil Action No. ______________

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v. §

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[Name], §

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Defendant. §

NOTICE OF REMOVAL

PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. §§ 1441(a) and 1446, the above-captioned action is removed by defendant [Name] from the [State Court Name], to the United States District Court for the [Southern/Northern/Eastern/Western] District of [State], by the filing of this Notice of Removal with the Clerk of the United States District Court for the [Southern/Northern/Eastern/Western] District of [State]. As grounds therefor, [Defendant’s Name] states as follows:

This action may be removed to this Court by [Defendant’s Name] pursuant to the provisions of 28 U.S.C. §§ 1441(a) and 1446. There is complete diversity of citizenship between plaintiff and defendant, and the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs.

On or about [Date], plaintiff filed an action in the [State Court], entitled [Name and number] (the “State Court Action”). A copy of plaintiff’s Original [Petition/Complaint], which constitutes all process, pleadings and orders served upon [Defendant’s Name] in the State Court Action, is attached as Exhibit A. ABC Company purportedly was served with the Complaint in the State...