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IN!THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
FIL D
JUL 1 7 2012
LEON SIMS
VS.
PLAINTIFF
CIVIL ACTION NO. ?Z', \ 'vC V Uu S -A
GUARDIAN FIBERGLt\SS, INC.,
GUARDIAN INDUSTRIES CORP.,
ESIS, INC., AND FICTITIOUS
PARTIES A THROUG$ Z
TO: William H. Liston, III, Esq.
Liston/Lancaster PLLC
P. O. Box 14127
Jackson, MS 392j6
Mr. Leon Sims
NOTICE OF REMOVAL
c/o William H. LiSton, III, Esq.
Liston/Lancaster PLLC
P. O. Box 14127
Jackson, MS 39236
Ms. Lucy Clerk
Circuit Court of Marshall County
P. O. Box 459
Holly Springs, MS 38635
DEFENDANTS
YOU WILL PLEASE TAKE NOTICE that this Notice of Removal has been filed this day
for and on behalf of Guardian Fiberglass, Inc., Guardian Industries Corp., and ESIS, Inc., (hereinafter
"Defendants"), in the United States District Court for the Northern District of Mississippi, Western
Division. You are hereby served with a copy of this Notice of Removal of said cause to the United
States District Court from the Circuit Court of Marshall County, Mississippi, upon the grounds stated
Case: 3:12-cv-00065-SA-SAA Doc #: 1 Filed: 07/17/12 2 of 5 PageID #: 2
,
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herein. Pursuant to said femoval, you will proceed no further in said Circuit Court of Marshall
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County, 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 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 civil
action styled "Leon Sims v. Guardian Fiberglass, Inc., Guardian Industries Corp., ESIS, Inc., and
Fictitious Parties A throufh Z" being Civil Action No. 2012-217 on the docket of said Court. Said
civil action is a breach of contract and tort action in which Leon Sims seeks extra - contractual and
punitive damages arising of Defendants' alleged breach of contractual andlor statutory workers'
compensation obligations. The time within which Defendants are required to plead, answer or
otherwise respond to the Complaint has not yet expired, and the thirty-day period within which to
file for and obtain 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 the filing of this Notice for Removal, an adult resident
citizen of Marshall County, Mississippi. Defendant Guardian Fiberglass, Inc. was at the time the
Complaint was filed and i$ presently a corporation organized and existing under the laws of the State
of Delaware, with its priJjIcipal place of business in the State of Michigan. Defendant Guardian
Industries Corp. was at thtl time the Complaint was filed and is presently a corporation organized and
existing under the laws ofthe State of Delaware, 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 a
corporation organized anq existing under the laws ofthe Commonwealth of Pennsylvania, with its
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principal place of business in the Commonwealth of Pennsylvania. There is, therefore, complete
diversity of citizenship btftween Defendants and Plaintiff Leon Sims.
III.
Although Plaintiffs Complaint does not contain a specific dollar demand, it is facially
apparent from the of the Complaint that the amount in controversy in said civil action
exceeds the sum and of$75,000.00 exclusive of interest and costs. Plaintiff alleges damages
for anxiety and distress, extra-contractual damages in the form of attorney's fees and
expenses, 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
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 be
considered a part hereof the same as though copied herein in words and figures in full.
VI.
Defendants, upon filing of this Notice of Removal , have given notice to Plaintiff and his
attorney of record, William H. Liston, III, Esq., of Jackson, Mississippi, and simultaneously
therewith, Defendants have filed a true and correct copy of the Notice of Removal with the Clerk of
the 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 Inc. pray that this Notice of Removal and exhibit thereto be received and
filed, and that the said 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 and
proceedings in the said Court of Marshall County, Mississippi, and Defendants pray for such
other, further, special and I general relief as they are entitled to receive.
BY:
Respectfully submitted,
GUARDIAN FIBERGLASS, INC.,
GUARDIAN INDUSTRIES CORP., AND
ESIS, INC.
OF COUNSEL
ROBERT F. STACY, JR. - BAR #7764
CATHERINE ASHBURN HESTER - BAR #103530
DANIEL COKER HORTON & BELL, P.A.
OXFORD SQUARE
265 NORTH LAMAR BOULEVARD, SUITE R
POST OFFICE BOX 1396
OXFORD, MISSISSIPPE 38655-1396
(662) 232-8979
ATTORNEYS FOR DEFENDANTS GUARDIAN FIBERGLASS, INC.,
GUARDIAN INDUSTRtES CORP., AND ESIS, INC.
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CERTIFICATE OF SERVICE
I, 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 above
and foregoing Notice of lemoval and exhibit thereto in the United States District Court for the
Northern District of Miss1ssippi, Western Division, and that upon the filing ofthe original notice
and exhibits thereto, I caused to be served a true and correct copy of the said notice and
exhibits 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 business
address in JacksoJ1l., Mississippi; and
Lucy Carpenter, Clerk of Marshall County, Mississippi, by mailing to her usual
business 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 Action
No. 2012-217 on the dOQket of the Circuit Court of Marshall County, Mississippi, to the United
States District Court for the Northern District of Mississippi, Western Division, pursuant to the
statutes 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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