Case 1:09-cv-00138-IMK Document 1 Filed 09/25/09 Page 1 of 5 Us, IN THE UNITED STATES DISTRICT COURT PLEO EIT cou FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MYLAN PHARMACEUTICALS INC. and Nowy MYLAN INC., OF Ge Gp STRC Plaintiffs, we caseno. /09-(V- 138 Civil Action No, 09-C-592 (Monongalia Co, Circuit Court) PG PUBLISHING COMPANY, d/b/a PITTSBURGH POST-GAZETTE, PATRICIA| SABATINI, LEN BOSELOVIC, JOHN DOE 1, JOHN DOE 2, and JOHN DOE 3, Defendants. NOTICE OF REMOVAL NOW COME the Defendants, PG Publishing Company, d/b/a Pittsburgh Post-Gazette, Patricia Sabatini and Len Boselovic, by undersigned counsel, and give notice that this action is hereby removed from the Circuit Court of Monongalia County, West Virginia to the United States District Court for the Northern District of West Virginia on the following basi 1. On or about August 19, 2009, the Plaintiffs Mylan, Inc. and Mylan Pharmaceuticals, Inc. filed a Complaint in the Circuit Court of Monongatia County, West Virginia, at Civil Action No, 09-C-592, against PG Publishing Company, d/b/a Pittsburgh Post- Gazette, Patricia Sabatini, Len Boselovic and John Does 1-3. 2, The Complaint purports to state claims for Detinue, Misappropriation of Trade Secrets, Conversion and Trespass to Chattels.ee Case 1:09-cv-00138-IMK Document 1 Filed 09/25/09 Page 2 of 5 3. The Plaintiffs Mylan, Inc. and Mylan Pharmaceuticals, Inc. are referred to as one entity throughout the Complaint and jointly seek damages based on the causes of action identified above in paragraph 2. 4, Service of the Summons and Complaint was had on Len Boselovi by registered mail on September 4, 2009. 5. Service of the Summons and Complaint was had on PG Publishing Company by registered mail on September 8, 2009. 6. Patricia Sabatini has not yet been served with the Summons and Complaint. 7. This is @ civil action over which this Court has original jurisdiction under 28 US.CS. §1332 because, upon information and belief, the amount in controversy exceeds $75,000, exclusive of interest and costs, and diversity of citizenship exists by virtue of the fact that the Plaintiff Mylan, Inc. has no standing to sue for or to recover damages for the causes of action set forth in the Complaint. 8. Diversity jurisdiction exists in this case based on the folloy ie a The Plaintiff Mylan, Inc. is the parent company of the Plaintiff Mylan Pharmaceuticals, Inc. (hereinafter "MPI"). Both Plaintiffs are distinct legal entities. . The Plaintiff MPT is a wholly owned subsidiary of Mylan, Inc. ¢. The Plaintiff Mylan, Inc isthe sole shareholder of MPI 4. The Plaintiffs’ Complaint purports to state causes of action for detinue, misappropriation of trade secrets, conversion and trespass to chattels and requests compensatory and punitive damages. ©. Bach claim set forth in the Plaintiffs’ Complaint is based on damage to property that is owned by MPI. f. Ownership of stock of the Plaintiff MPI does not give the Plaintiff Mylan, Inc. title to assets owned by MPI.Case 1:09-cv-00138-IMK Document 1 Filed 09/25/09 Page 3 of 5 g The Plaintiff Mylan, Inc. cannot state a claim for return of, damage to or diminution in value of assets it does not own. h. Based on its lack of ownership of the subject property, the Plaintiff Mylan, Inc. has no standing to bring the claims set forth in the Complaint. Due to the fact that the Plaintiff Mylan, Inc. cannot state a claim upon which relief may be granted, the only proper parties to this action are the Plaintiff MPI, whose state of incorporation and principal place of business are in West Virginia and the Defendants, all of whom are citizens of Pennsylvania for diversity purposes. j. Although the Plaintiffs’ Complaint does not request a specific amount of damages, it does refer to a range of “tens, perhaps hundreds of thousands of dollars” associated with the cost of developing the property it claims has been misappropriated. See Complaint, $57. 9. If the party with no standing is disregarded, this Court has original jurisdiction over this action pursuant to 28 U.S.C §1332, and this case may be removed to this Court pursuant to 28 U.S.C. §1441(@). 10. This Notice of Removal is filed within 30 days of the service upon Len Boselovie, the first Defendant to be served. 11. A true and correct copy of this Notice of Removal has been or will be filed with the Clerk of the Circuit Court of Monongalia County, West Virginia as required by 28 US.CS. {§1446(@) and provided to counsel for the Plaintiffs. 12, A copy of the complete record maintained by the Clerk of the Circuit Court of Monongalia County, West Virginia is attached to this Notice of Removal as Exhibit A. WHEREFORE, the Defendants PG Publis ing Company, d/b/a Post-Gazette, Patricia Sabatini and Len Boselovic, provide notice of their removal of the above-captioned action from the Cireuit Court of Monongalia County, West Virginia to the United States District Court for the Northern District of West Virginia.