ORIGINAL
801066
___ FILED ____ ENTERED
___ LODGED ____ RECEIVED
NOV 2 9 2000 ZG
AT SEATTLE CLERK U.S. DISTRICT COURT WESTERN DISTRICT OF WASHINGTON DEPUTY
JAMESON BABBITT STITES & LOMBARD, P.L.L.C.
HENRY C. JAMESON, WSBA #05676
SEAN T. DURBIN, WSBA #29321
999 Third Avenue, Suite 1900
Seattle, WA 98104-4001
Telephone: (206) 292-1994
Fax: (206) 292-1995
MARK R. MCDONALD (BAR NO. 137001)
MORRISON & FOERSTER LLP
555 West Fifth Street
Suite 3500
Los Angeles, California 90013-1024
Telephone: (213) 892-5200
Attorneys for Defendant
HERBALIFE INTERNATIONAL OF AMERICA, INC.
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
JASON MCDOWELL,
Plaintiff,
HERBALIFE INTERNATIONAL OF AMERICA, INC.,
No. C00-2011Z
NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. §1446(B) (DIVERSITY)
TO PLAINTIFF JASON MCDOWELL, HIS ATTORNEY OF RECORD AND TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON:
PLEASE TAKE NOTICE that Defendant Herballfe International of America, Inc. (“Herbalife”), hereby removes to this Court the state court action described below,
NOTICE OF REMOVAL OF ACTION – 1
pursuant to 28 U.S.C. §§ 1441 and 1446. This Court has original jurisdiction pursuant to 28 U.S.C. § 1332.
PLEASE TAKE FURTHER NOTICE that a true and correct copy of this Notice of
Removal Under 28 U.S.C, §1446(b) (DIVERSITY) Is being served and filed promptly with the Clerk of the Superior Court of the State of Washington for King County as an Exhibit to the Notice of Removal of Action to Federal Court being filed in that court.
PROCEDURAL FACTS
- October 30, 2000, an action was commenced in the Superior Court of the State of Washington In the County of King, entitled JASON MCDOWELL, Plaintiff, vs. HERBALIFE INTERNATIONAL OF AMERICA, INC., Defendants, as Case Number 00-2-27773-3SEA. A copy of the complaint Is attached hereto as “Exhlbit A.”
- Herballfe was served with the summons and complaint on November 1, 2000. A copy of the summons, showing the date of service, is attached hereto as “Exhibit B” as required by 28 U.S.C. § 1446 (a).
- This Notice of Removal is filed within thirty days after receipt by Defendants of the initial pleading and summons, as required by 28 U.S.C. § 1446(b).
- No other process, pleadings or orders have been served on Herbalife In this action.
- A copy of this Notice of Removal is being served upon counsel for Plaintiff, James D. Nelson, 800 Financial Center, 1215 Fourth Avenue, Seattle, Washington, 98161-1090.
DIVERSITY JURISDICTION
- COMPLETE DIVERSITY EXISTS
- Plaintiff Jason McDowell has alleged he resides In the State of Washington. See Complaint, ¶ 1, Exhibit A hereto. Herbalife was at the time the Complaint was filed,
NOTICE OF REMOVAL OF ACTION – 2
and at all relevant times has been, incorporated under the laws of the State of California, and has its principal place of business in California. There is, therefore, complete diversity between the parties.
- AMOUNT IN CONTROVERSY EXCEEDS $75,000
- Although Plaintiff has failed to Indicate In his Complaint the amount of damages sought, Herbalife has a good faith belief Plaintiff seeks more than $75,000 in this action because he has informed Herbalife that, as a result of its alleged breach of contract, he has incurred damages of several hundred thousand dollars per year for several years
Dated: November ____, 2000
JAMESON BABBITT STITES & LOMBARD, P.L.L.C.
By: __________
Henry C. Jameson, WSBA #05676
Sean T. Durbin, WSBA #29321
MORRISON & FOERSTER LLP
Mark R. McDonald, CSBA 137001
555 West Fifth Street, Ste. 3500
Los Angeles, CA 90013-1024
Telephone: (213) 892-5200
Fax: (213) 892-5454
Attorneys for Defendant
HERBALIFE INTERNATIONAL
OF AMER!CA, INC.
NOTICE OF REMOVAL OF ACTION – 3
PROOF OF SERVICE
I Valerie Cheetham, declare as follows:
I am a legal secretary with the law firm of Jameson Babbitt Stites &
Lombard, P.L.L.C., over the age of 18 years, a resident of the state of Washington, and not a party to this lawsuit.
I further declare that on the ___ day of November, 2000, I deposited with ABC Legal Messenger Service for office service upon attorneys for plaintiff a copy of (1) this Notice of Removal of Action Under 28 U.S.C. §1446(B), (2) a copy of Notice of Defendant’s Filing of Notice to Remove Civil Action to Federal Court, and (3) a copy of Notice to Adverse Party of Removal to Federal Court at their address below:
James D. Nelson Attorneys for Plaintiff
Betts, Patterson & Mines JASON MCDOWELL
800 Financial Center
1215 Fourth Avenue
Seattle, Washington 98161-1090
I declare under penalty of perjury under the laws of the State of Washington and the United States that the above Is true and correct.
DATED: November 29, 2000, at Seattle, Washington.
Valerie Cheetham
NOTICE OF REMOVAL OF ACTION – 4
Honorable Linda Lau
SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
JASON MCDOWELL,
Plaintiff,
HERBALIFE INTERNATIONAL OF AMERICA, INC.,
Defendant
NO. 00-2-27773-3SEA
AMENDED COMPLAINT
1 COMES NOW plaintiff Jason McDowell, and for claims against defendant Herbalife International of America, Inc., alleges as follows.
2 On information and belief, defendant Herbalife International of America, Inc. (“Herbalife”) is a Delaware corporation having its principal place of business at 9800 South Cienega Boulevard, Los Angeles, California.
- Pursuant to RCW 4.28.185, Herbalife is subject to suit in the State of Washington because Herbalife does business in the State of Washington and this suit arises out of Herbalife’s business in the State of Washington.
- Pursuant to RCW 4.12.025, venue is appropriate in King County, Washington because Herbalife transacts business in King County, Washington.
EXHIBIT “A”
AMENDED COMPLAINT