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 Court Action on [date]. This Notice of Removal is filed within thirty days after the Complaint was first served on any defendant and therefore is timely filed pursuant to 28 U.S.C. § 1446(b). A copy of the written notice required by 28 U.S.C. § 1446(d), addressed to the adverse party and to the Clerk of the [State Court], is attached as Exhibit B and will be filed in the State Court Action and forwarded to plaintiff upon the filing of this Notice of Removal.

All Properly Joined Parties Are Diverse

As alleged in the Complaint, plaintiff is a resident of [_____]. (Exhibit A, ¶ [__]) Upon information and belief, plaintiff is a citizen of the State of [_____].

[Defendant’s Name] is alleged to be [insert description of defendant’s alleged citizenship from complaint, e.g. “a New York corporation doing business in [state].” (Id.) [Defendant’s Name] is now, and at the time the State Court Action was commenced was, a corporation organized and existing under the laws of the State of New York with its principal place of business in the State of New York and therefore is now, and at the time the State Court Action...