Case 3:14-cv-04374-PGS-DEA Document 1 Filed 07/10/14 Page 1 of 15 PageID: 1 DAVID J. FIOCCOLA (SBN 013022000)
[email protected] MORRISON & FOERSTER LLP 250 West 55th Street New York, NY 10019-9601 Telephone: 212.468.8000 Facsimile: 212.469.7900 Attorney for Defendant UNITED PARCEL SERVICE, INC. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Civil Action No.: STEPHEN SIMONI, on behalf of himself _____________ and all others similarly situated, DEFENDANT Plaintiff, UNITED PARCEL SERVICE, INC.’S v. NOTICE OF REMOVAL UNITED PARCEL SERVICE, INC. and DOES 1 through 10, inclusive, Defendants. TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY: PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. § 1441, defendant United Parcel Service, Inc. (“UPS”) hereby removes to this Court the state action described below, which is within the original jurisdiction of this Court and properly removed under 28 U.S.C. §§ 1332, 1446 and 1453. 1 la-1241582 Case 3:14-cv-04374-PGS-DEA Document 1 Filed 07/10/14 Page 2 of 15 PageID: 2 TIMELINESS OF REMOVAL, JURISDICTION AND VENUE 1. On or about May 14, 2014, plaintiff Stephen Simoni (“Plaintiff”) filed a purported class action against UPS in the Superior Court of New Jersey, Law Division, Monmouth County, entitled Stephen Simoni v. United Parcel Service, Inc., Docket Number MON-L-01966-2014. 2. UPS received service of the Summons and Complaint no earlier than June 13, 2014. This notice is timely under 28 U.S.C. § 1446(b).