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.
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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.
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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
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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
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