IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. _______________________

JANE DOE,

an individual, Plaintiff, v.

UNITED AIRLINES, INC.,

a foreign corporation, Defendant.

NOTICE OF REMOVAL OF CIVIL ACTION PURSUANT TO 28 U.S.C. § 1441 ON THE GROUNDS OF DIVERSITY OF CITIZENSHIP UNDER 28 U.S.C. § 1332

Defendant United Airlines, Inc. (hereinafter, “United”), by and through its attorneys of record, Adam P. O’Brien, of Wells, Anderson & Race, LLC, and, Barry F. Benson, Richard A. Lazenby, and Natasha Mikha Pardasani, of Victor Rane, hereby removes this pending action from the District Court of the State of Colorado for the County of Denver to the United States District Court for the District of Colorado on the following grounds:

JURISDICTION

1.

 

This is a civil action over which this Court has original jurisdiction based on the existence of diversity of citizenship between the parties pursuant to 28 U.S.C. § 1332, and is one which may be removed to this Court by United pursuant to the provisions of 28 U.S.C. § 1441, in that it is a civil action wherein the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between a citizen of a State and a citizen of another State.

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2

VENUE

2. Under 28 U.S.C. § 1441, the United States District Court for the District of Colorado is the appropriate court for filing a Notice of Removal from the District Court of the Denver County, Colorado, where this action is pending.

REMOVAL ON BASIS OF DIVERSITY JURISDICTION

 3. On October 27, 2023, there was filed in the District Court of the State of Colorado for the County of Denver, the attached complaint and summons, respectively, bearing Case No. 2023CV33171 in the records and files of that court. A true and correct copy of the complaint filed in the state court and served on United is attached as Exhibit “A.” 4. United was served with Plaintiff’s Complaint on November 20, 2023. A true and correct copy of the proof of service of summons is attached hereto as Exhibit “B.” 5. Accordingly, the time for removal as set forth in 28 U.S.C. § 1446(b)(3) has not yet elapsed. 6. On December 12, 2023, United filed its answer to Plaintiff’s complaint in the District Court of the State of Colorado for the County of Denver. A true and correct copy of the answer filed in the state court is attached as Exhibit “C.” 7. This is a civil action by plaintiff Jane Doe (hereinafter, “Plaintiff”) against United. Plaintiff seeks damages for injury she allegedly sustained as a passenger on United Airlines Flight UA 1520 from Orlando, Florida to Denver, Colorado on or about October 2, 2022. 8. The Court has original jurisdiction based on the existence of diversity of citizenship between the parties pursuant to 28 U.S.C. § 1332, wherein the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is one which may be

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3 removed to this Court by United pursuant to the provisions of 28 U.S.C. § 1441. 9. Plaintiff is a resident and citizen of the State of Colorado for the purposes of 28 U.S.C. § 1332.

See

 Plaintiff’s Complaint [“Compl.”], Ex. A, p. 2, ¶ 4. 10. United is not now and never has been a resident or citizen of the State of Colorado. Pursuant to 28 U.S.C. § 1332(c)(1), a corporation “shall be deemed a citizen of any State by which it has been incorporated and of the State where it has its principal place of  business.” United is now, and at all times relevant to this action was, a commercial air carrier organized and existing under the laws of the State of Delaware, with its principal place of  business in Chicago, Illinois.

See

 

 Hertz Corp. v. Friend 

, 559 U.S. 77, 80-81 (2010) (holding that “the phrase ‘principal place of business’ refers to the place where the corporation’s high level officers direct, control, and coordinate the corporation’s activities” and will generally “be found at a corporation’s headquarters”). Accordingly, there is complete diversity between the only  parties to this action, Plaintiff and United. 11. Plaintiff’s Complaint was filed along with a Civil Case Cover Sheet, in which Plaintiff’s counsel certified that the value of Plaintiff’s claims “is reasonably believed to exceed $100,000.”

See

 

Paros Props. LLC v. Colo. Cas. Ins. Co

., 835 F.3d 1264, 1272 (10th Cir. 2016) (holding that a civil case cover sheet attesting that the case exceeds $100,000 in value is an “other paper” under 28 U.S.C. 1446(b)(3) that puts defendants on notice that the amount in controversy exceeds $75,000). A true and correct copy of the state court Civil Case Cover Sheet is also being submitted. 12. In accordance with 28 U.S.C. 1446(a) and D.C.Colo.LCivR 81.1, a copy of all  pleadings, motions, and other papers filed in the state court are attached hereto. In addition, a

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