Notice of Removal (Federal Question Jurisdiction)

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:

On or about [Date], plaintiff filed an action in the [State Court], entitled [Title 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.

[Defendant] 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). Murphy Bros. Inc. v. Michetti Pipe Stringing Inc., 526 U.S. 344 (1999).

A copy of the written notice required by 28 U.S.C. §Ê1446(d), addressed to the adverse party and to the Clerk of the [State Court] is attached as Exhibit C and will be filed in the state court from where this action was removed and forwarded to the plaintiff upon the filing of this Notice of Removal.

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