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HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 001 - Notice Of Removal IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. CITY OF FORT COLLINS, Plaintiff, vs. OPEN INTERNATIONAL, LLC, OPEN INVESTMENTS, LLC. Defendants. NOTICE OF REMOVAL Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, and D.C.Colo.LCivR 81.1, Defendants Open International, LLC and Open Investments, LLC (together, “Open” or “Defendants”), hereby respectfully give notice of removal of the above-captioned action from the District Court for the County of Larimer, Colorado, to the United States District Court for the District of Colorado. As grounds for this removal, Open states as follows: 1. On July 2, 2021, Plaintiff City of Fort Collins (“Fort Collins” or the “City”) commenced this action by filing a Complaint against Open in Colorado state court in the civil action styled City of Fort Collins v. Open International, LLC, et al., Case No. 2021CV30475 (Larimer Cty.). 2. A copy of the Complaint filed in the Colorado case is attached as Exhibit 1. 3. Fort Collins alleges that Open made fraudulent misrepresentations and breached its contractual obligations. Open denies these claims. Case 1:21-cv-02063-DDD-NYW Document 1 Filed 07/30/21 USDC Colorado Page 1 of 4 -2- 4. Service was effectuated on Defendants on July 9 by execution of a waiver of service form. A copy of the waiver of service form is attached hereto as Exhibit 2. 5. The Colorado state court has not entered a case management order. A copy of the state court docket is attached as Exhibit 3. No hearings or conferences are scheduled in the Colorado state court action. 6. This case can be removed because it is a civil action over which this Court has original jurisdiction under 28 U.S.C. § 1332. The matter in controversy exceeds the sum or value of $75,000. See 28 U.S.C. § 1332(a). On the face of the complaint, Plaintiff seeks millions of dollars of relief from Defendants. See Ex. 1 at ¶ 35 & Prayer for Relief. 7. This is also a civil action between citizens of different states. See 28 U.S.C. § 1332(a)(1). The City is a Colorado home rule municipality organized under Article XX of the Colorado Constitution with a City Hall located at 300 Laporte Avenue in Fort Collins, CO 80521. See Ex. 1 ¶ 3. Defendants are Florida limited liability companies whose members are all citizens of Florida. Accordingly, complete diversity exists under 28 U.S.C. § 1332(a)(1). 8. Defendants are the only defendants in this action and consent to removal. 9. This Notice is timely filed within thirty (30) days after the filing of the Complaint and service thereof on Defendants. 10. Pursuant to 28 U.S.C. § 1446(d), Defendants will file a copy of this notice of removal with the Clerk of the Colorado state court. See Exhibit 4. Case 1:21-cv-02063-DDD-NYW Document 1 Filed 07/30/21 USDC Colorado Page 2 of 4 -3- WHEREFORE, for the foregoing reasons, Defendants respectfully request that the above- referenced action be removed to the United States District Court for the District of Colorado. Dated July 30, 2021. Respectfully submitted, s/Paul D. Swanson Paul D. Swanson Hannah E. Armentrout Holland & Hart, LLP 555 17th Street, Suite 3200 Denver, CO 80202 Telephone: (303) 295-8578 pdswanson@hollandhart.com ATTORNEYS FOR DEFENDANTS OPEN INTERNATIONAL, LLC AND OPEN INVESTMENTS, LLC Case 1:21-cv-02063-DDD-NYW Document 1 Filed 07/30/21 USDC Colorado Page 3 of 4 -4- CERTIFICATE OF SERVICE I hereby certify that on July 30, 2021, I have caused to be electronically filed the foregoing (including exhibits) with the Clerk of Court using the CM/ECF system and have served a copy of the foregoing (with exhibits) on the following counsel for Plaintiff City of Fort Collins via e-mail: Case Collard Andrea Ahn Wechter Maral J. Shoaei DORSEY & WHITNEY LLP 1400 Wewatta Street, Suite 400 Denver, CO 80202 Ph: (303) 629-3400 collard.case@dorsey.com wechter.andrea@dorsey.com shoaei.maral@dorsey.com Attorneys for Plaintiff City of Fort Collins I further hereby certify that on July 30, 2021, I caused to be electronically filed foregoing (including exhibits) with the Clerk of the District Court, County of Larimer, State of Colorado, using the Colorado Courts E-Filing System. s/ Paul D. Swanson Case 1:21-cv-02063-DDD-NYW Document 1 Filed 07/30/21 USDC Colorado Page 4 of 4