SIMS v. GUARDIAN FIBERGLASS, INC. et al Complaint

7/31/2019 SIMS v. GUARDIAN FIBERGLASS, INC. et al Complaint

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Case: 3:12-cv-00065-SA-SAA Doc #: 1 Filed: 07/17/12 1 of 5 PageID #: 1\ .IN!THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPIWESTERN DIVISION

FIL DJUL 1 7 2012

LEON SIMSVS.

PLAINTIFFCIVIL ACTION NO. ?Z', \ vCVUu S -A

GUARDIAN FIBERGLt\SS, INC.,GUARDIAN INDUSTRIES CORP.,ESIS, INC., AND FICTITIOUSPARTIES A THROUG$ Z

TO: William H. Liston, III, Esq.Liston/Lancaster PLLCP. O. Box 14127 Jackson, MS 392j6Mr. Leon Sims

NOTICE OF REMOVAL

c/o William H. LiSton, III, Esq.Liston/Lancaster PLLCP. O. Box 14127Jackson, MS 39236Ms. Lucy C a r p e n t ~ r , ClerkCircuit Court of Marshall CountyP. O. Box 459Holly Springs, MS 38635

DEFENDANTS

YOU WILL PLEASE TAKE NOTICE that this Notice ofRemoval has been filed this dayfor and on behalfofGuardian Fiberglass, Inc., Guardian Industries Corp., and ESIS, Inc., (hereinafter"Defendants"), in the United States District Court for the Northern District ofMississippi, WesternDivision. You are hereby served with a copy of this Notice ofRemoval of said cause to the UnitedStates District Court from the Circuit Court ofMarshall County, Mississippi, upon the grounds stated


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Case: 3:12-cv-00065-SA-SAA Doc #: 1 Filed: 07/17/12 2 of 5 PageID #: 2

,iherein. Pursuant to said femoval, you will proceed no further in said Circuit Court of MarshallICounty, Mississippi, and you will be mindful of the provisions of Title 28 U.S.C. Section 1441, et

seq. Please take notice heof and govern yourselves accordingly.As its short and p l ~ i n statement of the grounds for removal of this civil action, Defendants

would show unto the Couti the following:I.

There is now pending in the Circuit Court for Marshall County, Mississippi, a certain civilaction styled "Leon Sims v. Guardian Fiberglass, Inc., Guardian Industries Corp., ESIS, Inc., andFictitious Parties A throufh Z" being Civil Action No. 2012-217 on the docket of said Court. Saidcivil action is a breach of contract and tort action in which Leon Sims seeks extra - contractual andpunitive damages arising ~ u t ofDefendants' alleged breachofcontractual andlor statutory workers'compensation obligations. The time within which Defendants are required to plead, answer orotherwise respond to the Complaint has not yet expired, and the thirty-day period within which tofile for and obtain r e m o v ~ l of said civil action has not yet expired.

II.Plaintiff alleged in the Complaint to be a citizen of Marshall County, Mississippi, and

Defendants aver that Plairttiff is, at the time of he filing of his Notice for Removal, an adult residentcitizen of Marshall County, Mississippi. Defendant Guardian Fiberglass, Inc. was at the time theComplaint was filed and i$ presently a corporation organized and existing under the laws of he Stateof Delaware, with its priJjIcipal place of business in the State of Michigan. Defendant GuardianIndustries Corp. was at thtl time the Complaint was filed and is presently a corporation organized andexisting under the laws ofthe State ofDelaware, with its principal place of business in the State of

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Michigan. Defendant ES[S, Inc. was at the time the Complaint was filed and is presently acorporation organized anq existing under the laws ofthe Commonwealth ofPennsylvania, with its

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principal place of business in the Commonwealth of Pennsylvania. There is, therefore, completediversity of citizenship btftween Defendants and Plaintiff Leon Sims.

III.

Although Plaintiffs Complaint does not contain a specific dollar demand, it is faciallyapparent from the a l l e g a t ~ o n s of the Complaint that the amount in controversy in said civil actionexceeds the sum and v a l u ~ of$75,000.00 exclusive of interest and costs. Plaintiff alleges damagesfor anxiety and e m o t i o n a ~ distress, extra-contractual damages in the form of attorney's fees andexpenses, and punitive damages.

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IV.Pursuant to the provisions of Title 28 U.S.C. Section 1441, et seq., this civil action is

removable by D e f e n d a n t s ~ V.

Defendants have attached hereto a certified copy of the entire court file in Civil Action No.2012-217 in the Circuit Court of Marshall County, Mississippi, and ask that said exhibit beconsidered a part hereof the same as though copied herein in words and figures in full.

VI.Defendants, upon ~ h e filing of his Notice ofRemoval , have given notice to Plaintiff and his

attorney of record, William H. Liston, III, Esq., of Jackson, Mississippi, and simultaneouslytherewith, Defendants have filed a true and correct copy of he Notice ofRemoval with the Clerk ofthe Circuit Court of Mlilrshall County, Mississippi, together with the exhibit thereto, all in

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compliance with Title 28 U.S.C. Section 1446(d).WHEREFORE, PREMISES CONSIDERED, Defendants Guardian Fiberglass, Inc., Guardian

Industries Corp., and E S I ~ , Inc. pray that this Notice ofRemoval and exhibit thereto be received andfiled, and that the said C i ~ c u i t Court of Marshall County, Mississippi, proceed no further herein.

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Defendants further pray fqr all necessary writs to bring before this Honorable Court all records andproceedings in the said C i ~ c u i t Court ofMarshall County, Mississippi, and Defendants pray for suchother, further, special and general relief as they are entitled to receive.

BY:

Respectfully submitted,GUARDIAN FIBERGLASS, INC.,GUARDIAN INDUSTRIES CORP., ANDESIS, INC.

OF COUNSELROBERT F. STACY, JR. - BAR #7764CATHERINE ASHBURN HESTER - BAR #103530DANIEL COKER HORTON & BELL, P.A.OXFORD SQUARE N O ~ T H 265 NORTH LAMAR BOULEVARD, SUITE RPOST OFFICE BOX 1396OXFORD, MISSISSIPPE 38655-1396(662) 232-8979

ATTORNEYS FOR DEFENDANTS GUARDIAN FIBERGLASS, INC.,GUARDIAN INDUSTRtES CORP., AND ESIS, INC.

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CERTIFICATE OF SERVICEI, Robert F. Stacr, Jr., attorney for defendants, Guardian Fiberglass, Inc., Guardian

Industries Corp., and ESIS, Inc., hereby certify that I have this day filed the original of the aboveand foregoing Notice of lemoval and exhibit thereto in the United States District Court for theNorthern District of Miss1ssippi, Western Division, and that upon the filing ofthe original noticeand exhibits thereto, I h ~ v e caused to be served a true and correct copy of the said notice andexhibits on:

William H. Liston, III, Esq. by mailing to his usual business address in Jackson,Mississippi;Leon Sims c/o his attorney, William H. Liston, III, Esq. by mailing to his usual businessaddress in JacksoJ1l., Mississippi; andLucy Carpenter, ~ i r c u i t Clerk of Marshall County, Mississippi, by mailing to her usualbusiness address iln Holly Springs, Mississippi.

all to effectuate the removal of a civil action styled "Leon Sims vs. Guardian Fiberglass, Inc.,Guardian Industries Corp., ESIS, Inc., and Fictitious Parties A through Z, " being Civil ActionNo. 2012-217 on the dOQket of the Circuit Court of Marshall County, Mississippi, to the UnitedStates District Court for the Northern District of Mississippi, Western Division, pursuant to thestatutes and rules in such cases made and provided. 1..

WITNESS MY SIGNATURE hereto, this the _-+{_7.L.-\!_" day of July, 2012.

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SIMS v. GUARDIAN FIBERGLASS, INC. et al Complaint