Removed this case predicated on diversity jurisdiction under 28 U.S.C. § 1332. It's no secret that many plaintiff-side attorneys prefer to litigate their cases in state court.The key document to removal from state court is the Notice of Removal. TO: Clerk of the U.S. District Court for the Western District of New York: PLEASE TAKE NOTICE THAT Defendant CWCapital Asset Management, LLC, as. The removing party shall file the notice of removal with the clerk of the state court where the action was initiated. It often is more favorable for a defendant to litigate a case in federal court rather than state court. By orders issued from the bench, the court granted Defendants' June 7, 2000 Motion for Leave to File Amended Notice of Removal. (c) Effective Date of Removal. Removal becomes effective when the notice is filed under (b)(2).