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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

FILE NO. 3:12cv415

DATA DRIVEN SAFETY, INC.,




vs.


DRIVER’S HISTORY, INC.,




Plaintiff,

Defendant.

NOTICE TO PLAINTIFF AND
ATTORNEYS OF RECORD
OF REMOVAL TO FEDERAL

COURT


TO:

PLAINTIFF DATA DRIVEN SAFETY, INC. AND ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE THAT a Notice of Removal of this action was filed in the United

States District Court for the Western District of North Carolina, Charlotte Division, on July 10,

2012. A copy of the said Notice of Removal is attached to this Notice.







This, the 10th day of July, 2012.

POYNER SPRUILL LLP

By:





/s/ Karen H. Chapman
Karen H. Chapman
N.C. State Bar No. 33856
Joshua B. Durham
N.C. State Bar No. 25414
301 S. College Street, Suite 2300
Charlotte, NC 28202
Telephone: 704.342.5250
Facsimile: 704.342.5264
Email: [email protected]
[email protected]

ATTORNEYS FOR DRIVER’S
HISTORY INFORMATION
SALES, LLC (INCORRECTLY
NAMED AS DRIVER’S HISTORY,
INC.)

Case 3:12-cv-00415-RJC-DCK Document 2 Filed 07/10/12 Page 1 of 6





CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this date the foregoing Notice to Plaintiff and
Attorneys of Record of Removal to Federal Court was filed with the Clerk of the Court using
the CM/ECF system, and that a copy of the foregoing Notice to Plaintiff and Attorneys of
Record of Removal to Federal Court was sent to the following by United States Mail, first
class, postage pre-paid:

Brian A. Kahn
Lauren B. Loftis
MCGUIRE WOODS, LLP
201 North Tryon Street, Suite 3000
Charlotte, NC 28202

ATTORNEYS FOR PLAINTIFF

This the 10th day of July, 2012.



/s/ Karen H. Chapman
Karen H. Chapman














031982-00002000/2142554v6

Case 3:12-cv-00415-RJC-DCK Document 2 Filed 07/10/12 Page 2 of 6



UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

FILE NO. 3:12cv415

DATA DRIVEN SAFETY, INC.,


vs.


DRIVER’S HISTORY, INC.,




Plaintiff,

Defendant.


NOTICE OF REMOVAL








TO: THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF

NORTH CAROLINA:

NOW COMES Driver’s History Information Sales, LLC (incorrectly named as Driver’s

History, Inc.) (“Defendant”) and files this notice of removal pursuant to 28 U.S.C. §§ 1332, 1441

and 1446, and states the following in support:

1.

The action to be removed is File No. 12-CVS-11041, which was filed in the

Superior Court of Mecklenburg County, styled as Data Driven Safety, Inc. v. Driver’s History,

Inc., on June 8, 2012.

2.

Defendant was served with the Complaint and Summons on June 11, 2012.

Pursuant to 28 U.S.C. § 1446(b), this Notice of Removal is being filed within 30 days from

Defendant’s receipt of the Complaint.

3.

Pursuant to 28 U.S.C. § 1332, federal district courts have original jurisdiction

over all civil actions between citizens of different states where the matter in controversy exceeds

the sum or value of $75,000, exclusive of interest and costs.

4.

Plaintiff’s Complaint alleges that Plaintiff is a corporation organized and existing

under the laws of the State of North Carolina, with its principal place of business in Davidson,

North Carolina.



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Case 3:12-cv-00415 Document 1 Filed 07/10/12 Page 1 of 4



5.

Defendant is a New Jersey Corporation with its principal place of business in

Cherry Hill, New Jersey.

6.

In its Complaint, Plaintiff asserts claims for breach of contract, conversion, and

unfair and deceptive trade practices against Defendant and alleges that Defendant has failed to

pay to Plaintiff $114,150.00 in fees. Accordingly, the amount in controversy exceeds $75,000,

exclusive of interest and costs.

7.

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

§ 1332(a) because there is complete diversity between Plaintiff and Defendant and the amount in

controversy exceeds $75,000.00, exclusive of interest and costs.

8.

Under 28 U.S.C. § 1441(a), the United States District Court for the Western

District of North Carolina is the proper venue for removal jurisdiction because it embraces the

place where this action is pending.

9.

In compliance with 28 U.S.C. § 1446(d), a copy of this Notice of Removal is

being filed with the Mecklenburg County Superior Court.

10.

A copy of all pleadings and process served on Defendant in this action as of this

date, specifically, Plaintiff’s Complaint filed in this action and a Summons issued this action, is

attached as Exhibit A.

WHEREFORE, Defendant hereby removes this action from the Superior Court of

Mecklenburg County, North Carolina to the United States District Court for the Western District

of North Carolina.



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Case 3:12-cv-00415 Document 1 Filed 07/10/12 Page 2 of 4









This the 10th day of July, 2012.

POYNER SPRUILL LLP

By:





/s/ Karen H. Chapman
Karen H. Chapman
N.C. State Bar No. 33856
Joshua B. Durham
N.C. State Bar No. 25414
301 S. College Street, Suite 2300
Charlotte, NC 28202
Telephone: 704.342.5250
Facsimile: 704.342.5264
Email: [email protected]
[email protected]

ATTORNEYS FOR DRIVER’S
HISTORY INFORMATION
SALES, LLC (INCORRECTLY
NAMED AS DRIVER’S HISTORY,
INC.)

Case 3:12-cv-00415-RJC-DCK Document 2 Filed 07/10/12 Page 5 of 6

Case 3:12-cv-00415 Document 1 Filed 07/10/12 Page 3 of 4





CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this date the foregoing Notice of Removal was
filed with the Clerk of the Court using the CM/ECF system, and that a copy of the foregoing
Notice of Removal was sent to the following by United States Mail, first class, postage pre-paid:

Brian A. Kahn
Lauren B. Loftis
MCGUIRE WOODS, LLP
201 North Tryon Street, Suite 3000
Charlotte, NC 28202

ATTORNEYS FOR PLAINTIFF


This the 10th day of July, 2012.

/s/ Karen H. Chapman
Karen H. Chapman
















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