Case 2:24-cv-02244-JAD-NJK Document 1 Filed 12/05/24 Page 1 of 4

1 JERRY S. BUSBY
Nevada Bar #001107
2 COOPER LEVENSON, P.A.
3016 West Charleston Boulevard - #195
3 Las Vegas, Nevada 89102
(702) 366-1125
4 FAX: (702) 366-1857
jbusby@cooperlevenson.com
5
Attorneys for Defendant
6 SMITH’S FOOD & DRUG CENTERS, INC.

7 UNITED STATES DISTRICT COURT

8 DISTRICT OF NEVADA

9 LAURA KOHRS, Case No.

10 Plaintiff,

11 vs.

12 SMITH’S FOOD AND DRUG CENTERS, INC., NOTICE OF REMOVAL

an Ohio Corporation; DOES I through X,
13 inclusive; and ROE BUSINESS ENTITIES XI
through XX, inclusive,
14
Defendants.
15
\

16 Defendant, SMITH’S FOOD & DRUG CENTERS, INC. (hereinafter “SMITH’S”) hereby

17 gives notice of its removal of Case No. A-24-899807-C from the Eighth Judicial District Court,

18 Clark County, Nevada, to this Court. This Notice of Removal is filed pursuant to 28 U.S.C.

19 §§1441(a) and 1446. As grounds for removal, SMITH’S states as follows:

20 I.

21 NOTICE OF REMOVAL IS TIMELY

22 1. On August 15, 2024, Plaintiff LAURA KOHRS, filed this lawsuit against SMITH’S.

23 Pursuant to 28 U.S.C. §1446(a), a complete copy of the state court file, including the Complaint and

24 process, is attached hereto as Exhibit “A”.

25 2. SMITH’S was served with process on or about August 23, 2024. SMITH’S hereby

26 reserves any and all rights and defenses to Plaintiff’s Complaint.

27 3. The Complaint filed and served on SMITH’S alleged that “As a direct and proximate

28 result of the aforesaid negligence, carelessness, and recklessness of the Defendants, and each of

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1 them, Plaintiff fell and sustained injuries to her body and mind, all of which caused and will

2 continue to cause physical, and mental pain and suffering in an amount in excess of fifteen thousand

3 dollar ($15,000.00), and to be proven at trial.” (Compl. ¶29).

4 4. Defense counsel learned that the value of this case was sufficient for Federal

5 jurisdiction on November 5, 2024. On that date, Plaintiff filed and served a Request for Exemption

6 from Arbitration in the pending State Court litigation. Therein, Plaintiff alleges that she has incurred

7 medical expenses in the amount of $292,306.48. (Pl.’s Petition at 2).

8 Upon receiving this information, Defense counsel learned that the “amount in controversy”

9 exceeds the jurisdictional minimum for diversity jurisdiction.

10 5. This Notice of Removal is timely filed under 28 U.S.C. §1446(b), which provides:

11 If the case stated by the initial pleading is not removable, a notice of

removal may be filed within thirty days after receipt by the defendant,
12 through service or otherwise, of a copy of an amended pleading,
motion, order or other paper from which it may first be ascertained
13 that the case is one which is or has become removable, except that a
case may not be removed on the basis of jurisdiction conferred by
14 section 1332 of this title more than 1 year after commencement of the
action.
15

16 6. The following pleadings have been entered and/or filed in State Court:

17 a. Plaintiff’s Complaint filed August 15, 2024;

18 b. Affidavit of Service of Summons and Complaint filed October 18, 2024;

19 c. Notice of Intent to Take Default filed October 18, 2024;

20 d. SMITH’S Answer to Plaintiff’s Complaint filed October 21, 2024;

21 e. Plaintiff’s Request for Exemption from Arbitration was filed on

22 November 5, 2024; and

23 f. Commissioner’s Decision on Request for Exemption was filed on

24 November 20, 2024.

25 7. Other than the pleadings discussed above, no further proceedings have taken place in

26 District Court, Clark County, Nevada as of the filing of this notice of removal.

27 ///

28 ///

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1 II.

2 DIVERSITY JURISDICTION EXISTS

3 8. This is a civil action over which this Court has original jurisdiction pursuant to 28

4 U.S.C. §1332. This action may be removed pursuant to 28 U.S.C. §1441, because the amount in

5 controversy exceeds $75,000, exclusive of interest and costs; the suit involves a controversy between

6 citizens of different states; and none of the properly joined defendants is a citizen of Nevada.

7 A. The Amount in Controversy Requirement is Satisfied.

8 9. The Complaint filed and served on SMITH’S alleged that “As a direct and proximate

9 result of the aforesaid negligence , carelessness, and recklessness of the Defendants, and each of

10 them, Plaintiff fell and sustained injuries to her body and mind, all of which caused and will

11 continue to cause physical, and mental pain and suffering in an amount in excess of fifteen thousand

12 dollar ($15,000.00), and to be proven at trial.” (Compl. ¶29).

13 10. Plaintiff’s Request for Exemption from Arbitration, which was served electronically

14 on November 5, 2024, indicates that Plaintiff has incurred medical expenses in the amount of

15 $292,306.48. (Pl.’s Petition at 2).

16 B. The Parties Are Diverse.

17 11. The diversity of citizenship requirement is satisfied. SMITH’S is informed and

18 believes that Plaintiff was at the time of her Complaint a citizen and resident of the State of Nevada.

19 (See Compl. ¶1).

20 12. SMITH’S was at the time of the filing of Plaintiff’s Complaint and is now an Ohio

21 Corporation with its principal place of business in the State of Ohio.

22 III.

23 REMOVAL TO THIS JURISDICTION IS PROPER

24 13. Pursuant to 28 U.S.C. §§1332, 1441, and 1446, removal of the above-captioned state

25 court action to this Court is appropriate.

26 14. Pursuant to 28 U.S.C. §1441(a), removal is made to this Court as the district and

27 division embracing the place where the state action is pending 28 U.S.C. §108.

28 15. SMITH’S reserves the right to amend or supplement this Notice of Removal.

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1 16. SMITH’S reserves all defenses, including, without limitation, the defense of lack of

2 personal jurisdiction.

3 17. SMITH’S requests a trial by jury of all issues.

4 18. Defense counsel is providing Plaintiff, by and through her counsel, written notice of

5 the filing of this Notice of Removal as required by 28 U.S.C. §1446(d). Further, Defense counsel is

6 filing a copy of this Notice of Removal with the Clerk of the Eighth Judicial District Court, Clark

7 County, Nevada, where the action is currently pending.

8 Dated this 5th day of December, 2024.

9 COOPER LEVENSON, P.A.

10

11 By /s/ Jerry S. Busby

Jerry S. Busby
12 Nevada Bar No. 001107
3016 West Charleston Boulevard - #195
13 Las Vegas, Nevada 89102
Attorneys for Defendant
14 SMITH’S FOOD & DRUG CENTERS, INC.

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