Case 2:09-cv-00782-PMP-RJJ Document 5

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MORRIS PETERSON Steve Morris, Bar No. 1543 Jared M.Sechrist, Bar No. 10439 900 Bank of America Plaza 300 South Fourth Street Las Vegas, NV 89101 Telephone: (702) 474 9400 Facsimile: (702) 474-9422 Attorneys for Defendants Masterfile Corporation

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8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA IT MACHINES, L.L.C., individually and on behalf of all similarly situated Class Members, Plaintiff, v.

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CASE NO: 2:09-cv-00782-PMP-RJJ

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16 MASTERFILE CORPORATION, a corporation; NCS RECOVERY CORPORATION, a full service collection agency; PHUSION 25; and DOES 1 through 100, inclusive, Defendants.

DEFENDANT MASTERFILES STATEMENT CONCERNING REMOVAL

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MORRIS PETERSON
ATTORNEYS AT LAW 00 BANK OF AMERICA PLAZA 300 SOUTH FOURTH STREET LAS VEGAS, NEVADA 89101 702/474-9400 FAX 702/474-9422

Without consent to jurisdiction, and expressly reserving the right to challenge jurisdiction and proper service of process, Defendant Masterfile Corporation (Masterfile) responds to the Courts May 1, 2009 Minute Order as follows: 1. Plaintiff IT Machines (IT Machines) attempted to serve Masterfile on May

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2009 by delivering a copy of the complaint and a summons issued by the state

court to Masterfiles subsidiary, Masterfile USA Corporation. Masterfile contends that this attempted service is defective.

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2. Removal is based on federal question jurisdiction under 28 U.S.C.

1331.

Specifically, IT Machines complaint asserts claims under the Fair Debt collection Practices Act (FDCPA), 15 U.S.C.

1692g(b), 1692i, and 1692k.

3. The action was removed on May 1, 2009, before plaintiff IT Machines first attempted service on Masterfile. Removal was therefore timely.

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At the time it removed the action, Masterfile had no knowledge that any

other defendant had been served. Masterfile understands that defendant NCS 8 Recovery Corporation was served on or about May 1, 2009, and that defendant Phusion 25 has now also been served.
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Masterfile properly removed this action without first seeking the consent of defendants Phusion 25 or NCS Recovery Corporation, regardless of the dates they were served. The complaint asserts putative class action claims. Pursuant to 28 U.S.C.

1453(b), class actions may be removed by any defendant without the

consent of all defendants. 6. A copy of the Courts minute order requiring this statement concerning

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removal is attached hereto as Exhibit A.

MORRIS PETERSON

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By /s/Tared M.Sechrist Steve Morris, Bar No. 1543 Jared M. Sechrist Bar No. 10439 900 Bank of America Plaza 300 South Fourth Street Las Vegas, NV 89101 Attorneys for Defendants Masterfile

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MORRIS PETERSON
ATTORNEYS AT LAW OO BANK OF AMERICA PLAZA 300 SOUTH FOURTH STREET LAS VEGAS. NEVADA 89101 702/474-9400 FAX 702/474-9422

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CERTIFICATE OF SERVICE

Pursuant to Fed. R. Civ. P. 5(b) and Section IV of District of Nevada Electronic Filing Procedures, I certify that I am an employee of MORRIS PETERSON, and that the following documents were served via electronic service:
DEFENDANT MASTERFILES STATEMENT CONCERNING REMOVAL

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To: Thomas Christensen Christensen Law Offices, L.L.C. 1000 S. Valley View Blvd. Las Vegas, Nevada 89107 Attorney for Plaintiff I further certify that I am familiar with the firms practice of collection and processing documents for mailing; that in accordance therewith, I caused the above-named document to be deposited with the U. S. Postal Service at Las Vegas, Nevada, in a sealed envelope, with first class postage prepaid, on the date and to the addressee(s) shown below: Jeffrey T. Colemere Wrona Law Offices Bach Commons Building 11650 S. State Street, Ste 103 Draper, UT 84060 Attorney for Phusion 25 Tom Eboh President NCS Recovery Corporation 5975 Cattlemen Lane P.O. Box 50276 Sarasota, FL 34232-0302 Dated this 18th day of May, 2009. By: /s/Fiona Ingalls

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MORRIS PETERSON
ATTORNEYS AT LAW 00 BANK OF AMERICA PLAZA 300 SOUTH FOURTH STREET LAS VEGAS, NEVADA 89101 702/474-9400 FAX 702/474-9422

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EXHIBIT A

EXHIBIT A

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

IT MACHINES, L.L.C., Plaintiff(s), vs. MASTERFILE CORPORATION, et al., Defendant(s). 2:09cv--00782PMP--RJJ MINUTES OF THE COURT

May 1,2009

PRESENT: The Honorable Deputy Clerk: Philip M. Pro

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U.S. District Judge Recorder/Reporter: None Appearing Counsel for Defendant(s): None Appearing

Andrew Mennear

Counsel for Plaintiff(s): None Appearing MINUTE ORDER LN CHAMBERS:

TO ALL PARTIES REMOVJNG ACTIONS TO THE COURT: You must, no later than fifteen (15) days from the date hereof, file and serve a signed statement under the above case number and caption that sets forth the following information: 1. 2. 3. The date(s) on which you were served with a copy of the complaint in the removed action. The date(s) on which you were served with a copy of the summons. In removals based on diversity jurisdiction, the names of any served defendants who are citizens of Nevada, the citizenship of the other parties and a summary of defendants evidence of the amount in controversy. If your notice of removal was filed more than thirty (30) days after you first received a copy of the summons and complaint, the reason removal has taken place at this time and the date you first received a paper identifjing the basis for removal.
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Minute Order Concerning Removal

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In actions removed on the basis of the courts jurisdiction in which the action in state court was commenced more than one year before the date of removal, the reasons this action should not summarily be remanded to the state court. The name(s) of any defendant(s) known to have been served before you filed the notice of removal who did not formally join in the notice of removal and the reasons they did not.

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IT IS FURTHER ORDERED that all defendants who joined in the notice of removal may file the statement required by the foregoing jointly. IT IS FURTHER ORDERED that counsel shall have thirty (30) days within which to file a Joint Status Report which must:

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Set forth the status of this action, including a list of any pending motions and/or other matters which require the attention of this court. Include a statement by counsel of action required to be taken by this court. Include as attachments copies of any pending motions, responses and replies thereto and/or any other matters requiring the courts attention not previously attached to the notice of removal.

IT IS FURTHER ORDERED that the removing defendant(s) shall serve a copy of this Order on all other parties to the action no later than the time they file and serve a copy of the Statement required by this Order. A party who learns that the Statement(s) filed pursuant to this Order contain(s) incorrect information shall promptly notify this court in writing. IT IS SO ORDERED.

The date of the Clerks file stamp shall constitute the date of this order.

LANCE S. WILSON, CLERK

By: /s/ Andrew Mennear Deputy Clerk

Minute Order Concerning Removal