NOTICE OF REMOVAL by Tesla Motors New York LLC, Tesla Motors, Inc. from New York State Supreme Court, Kings County, case number 516728/2016. ( Filing fee $ 400 receipt number 0207-9127212) (Attachments: # 1 Removal Action Complaint, # 2 Civil Cover Sheet) (Bersak, Michael)
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CARTAFALSA, SLATTERY, TURPIN & LENOFF
Michael P. Bersak (4894259)
(michael.1.bersak@zurichna.com)
165 Broadway - 28th Floor
New York, New York 10006
Telephone: (212) 225-7700
Facsimile: (212) 225-7745
Attorneys for defendants TESLA MOTORS, INC. and TESLA
MOTORS NEW YORK LLC i/s/h/a TESLA MOTORS OF NEW
YORK, LLC.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------------------------------------------X
PAUL STILE AND CATHERINE STILE,
Plaintiffs,
Case No.
NOTICE OF REMOVAL
-againstTESLA MOTORS, INC. and TESLA MOTORS OF NEW
YORK, LLC.,
Defendants.
-----------------------------------------------------------------------X
TO THE CLERK OF THE ABOVE ENTITLED COURT:
PLEASE
TAKE NOTICE
that pursuant to 28 U.S.C. §§1332, 1441 and 1446, defendants
Tesla Motors, Inc. (“TM”) and Tesla Motors New York LLC i/s/h/a Tesla Motors of New York,
LLC. (“TMNY”), by their undersigned counsel, hereby remove to this court the pending New
York State civil action identified in paragraph 1 below:
1.
Plaintiffs Paul Stile and Catherine Stile commenced a civil action in New York
State Supreme Court, Kings County, entitled Paul Stile and Catherine Stile, plaintiffs v. Tesla
Motors, Inc. and Tesla Motors of New York, LLC., defendants, index number 516728/2016, by
the electronic filing of a summons and complaint on September 22, 2016. While it is unknown if
TM was ever served, TMNY was served on November 10, 2016, and defendants’ filing of thisPage 2 PageID #: 2
notice of removal is therefore timely as it is within 30 days of November 10, 2016. Copies of all
pleadings and process served in the New York State civil action are collectively attached as
Exhibit “1”.
2.
The complaint alleges that plaintiff Paul Stile sustained personal injuries as a
result of a one vehicle motor vehicle accident that allegedly occurred on April 26, 2016 in Boca
Raton, Florida. This court has original jurisdiction under 28 U.S.C. §1332(a) by reason of
diversity of citizenship because, as detailed below, this is a civil action between citizens of
different states and the amount in controversy exceeds $75,000.
3.
Notwithstanding that plaintiffs allege in the complaint that they are residents of
New York State, they are, upon information and belief, citizens of the State of Florida, with
plaintiff Paul Stile being a registered State of Florida voter and, upon information and belief,
plaintiffs owning and living at, in Florida, at a minimum, a residential home located in Boca
Roton, Florida where the alleged accident took place.
4.
TM is a Delaware corporation with a principal place of business located at 3500
Deer Creek Road in Palo Alto, California. TM is not a citizen of any other state. TMNY is a
New York State limited liability company and its sole member is TM.
5.
The complaint does not demand a specific dollar amount in damages and
therefore asserts the necessary amount in controversy pursuant to 28 U.S.C. §1446(c)(2)(A)(ii).
6.
Defendants will promptly serve a copy of this notice of removal upon counsel for
plaintiffs and will electronically file a copy of it with the Kings County Clerk’s Office pursuant
to 28 U.S.C. §1446(d).
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7.
The Eastern District of New York encompasses Kings County where the New
York State civil action was filed and this court is therefore a proper venue for removal of this
action.
Dated: December 9, 2016
CARTAFALSA, SLATTERY, TURPIN & LENOFF
By: ____________________________
MICHAEL P. BERSAK (4894259)
Attorneys for defendants
TESLA MOTORS, INC. and
TESLA MOTORS NEW YORK LLC i/s/h/a TESLA
MOTORS OF NEW YORK, LLC.
3
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Case 1:16-cv-06810-ARR-PK Document 1 Filed 12/09/16 Page 1 of 3 PageID #: 1
CARTAFALSA, SLATTERY, TURPIN & LENOFF
Michael P. Bersak (4894259)
(michael.1.bersak@zurichna.com)
165 Broadway - 28th Floor
New York, New York 10006
Telephone: (212) 225-7700
Facsimile: (212) 225-7745
Attorneys for defendants TESLA MOTORS, INC. and TESLA
MOTORS NEW YORK LLC i/s/h/a TESLA MOTORS OF NEW
YORK, LLC.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------------------------------------------X
PAUL STILE AND CATHERINE STILE,
Plaintiffs,
Case No.
NOTICE OF REMOVAL
-againstTESLA MOTORS, INC. and TESLA MOTORS OF NEW
YORK, LLC.,
Defendants.
-----------------------------------------------------------------------X
TO THE CLERK OF THE ABOVE ENTITLED COURT:
PLEASE
TAKE NOTICE
that pursuant to 28 U.S.C. §§1332, 1441 and 1446, defendants
Tesla Motors, Inc. (“TM”) and Tesla Motors New York LLC i/s/h/a Tesla Motors of New York,
LLC. (“TMNY”), by their undersigned counsel, hereby remove to this court the pending New
York State civil action identified in paragraph 1 below:
1.
Plaintiffs Paul Stile and Catherine Stile commenced a civil action in New York
State Supreme Court, Kings County, entitled Paul Stile and Catherine Stile, plaintiffs v. Tesla
Motors, Inc. and Tesla Motors of New York, LLC., defendants, index number 516728/2016, by
the electronic filing of a summons and complaint on September 22, 2016. While it is unknown if
TM was ever served, TMNY was served on November 10, 2016, and defendants’ filing of this
PDF Page 3
Case 1:16-cv-06810-ARR-PK Document 1 Filed 12/09/16 Page 2 of 3 PageID #: 2
notice of removal is therefore timely as it is within 30 days of November 10, 2016. Copies of all
pleadings and process served in the New York State civil action are collectively attached as
Exhibit “1”.
2.
The complaint alleges that plaintiff Paul Stile sustained personal injuries as a
result of a one vehicle motor vehicle accident that allegedly occurred on April 26, 2016 in Boca
Raton, Florida. This court has original jurisdiction under 28 U.S.C. §1332(a) by reason of
diversity of citizenship because, as detailed below, this is a civil action between citizens of
different states and the amount in controversy exceeds $75,000.
3.
Notwithstanding that plaintiffs allege in the complaint that they are residents of
New York State, they are, upon information and belief, citizens of the State of Florida, with
plaintiff Paul Stile being a registered State of Florida voter and, upon information and belief,
plaintiffs owning and living at, in Florida, at a minimum, a residential home located in Boca
Roton, Florida where the alleged accident took place.
4.
TM is a Delaware corporation with a principal place of business located at 3500
Deer Creek Road in Palo Alto, California. TM is not a citizen of any other state. TMNY is a
New York State limited liability company and its sole member is TM.
5.
The complaint does not demand a specific dollar amount in damages and
therefore asserts the necessary amount in controversy pursuant to 28 U.S.C. §1446(c)(2)(A)(ii).
6.
Defendants will promptly serve a copy of this notice of removal upon counsel for
plaintiffs and will electronically file a copy of it with the Kings County Clerk’s Office pursuant
to 28 U.S.C. §1446(d).
2
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Case 1:16-cv-06810-ARR-PK Document 1 Filed 12/09/16 Page 3 of 3 PageID #: 3
7.
The Eastern District of New York encompasses Kings County where the New
York State civil action was filed and this court is therefore a proper venue for removal of this
action.
Dated: December 9, 2016
CARTAFALSA, SLATTERY, TURPIN & LENOFF
By: ____________________________
MICHAEL P. BERSAK (4894259)
Attorneys for defendants
TESLA MOTORS, INC. and
TESLA MOTORS NEW YORK LLC i/s/h/a TESLA
MOTORS OF NEW YORK, LLC.
3
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