Minnesota Sample Letter for Defendant's Notice of Removal

State:
Multi-State
Control #:
US-0771LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. Minnesota Sample Letter for Defendant's Notice of Removal: A Comprehensive Overview [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Defendant's Notice of Removal — Case No. [case number] Dear [Recipient's Name], I hope this letter finds you well. I, [Your Name], on behalf of [Defendant's Name], would like to submit this Notice of Removal in regard to the case mentioned above as per the United States Code, Title 28, Section 1446. Introduction and Background: As you are aware, the case under [case number], currently pending in [Court Name] County, Minnesota, involves [Plaintiff's Name] as the plaintiff and [Defendant's Name] as the defendant. Through this Notice of Removal, we intend to lawfully request the transfer of this case from the state court to the United States District Court for the District of Minnesota. Legal Basis for Removal: We believe that removal is appropriate under 28 U.S.C. § 1332 (diversity jurisdiction) as well as 28 U.S.C. § 1441 (removal generally). The parties involved are diverse, as [Defendant's Name] is a resident of [state of residency] while [Plaintiff's Name] is a resident of Minnesota. Furthermore, the amount in controversy exceeds the required minimum threshold for federal subject jurisdiction, which is $75,000. Plaintiff's Claims: It is crucial to address the nature of the claims made by the plaintiff. [Provide a brief summary of the plaintiff's claims, highlighting the relevant factors and controversies involved]. Federal Court Jurisdiction and Venue: The United States District Court for the District of Minnesota has jurisdiction over this matter as it satisfies all the statutory requirements under 28 U.S.C. § 1441 and § 1332. The transfer to a federal court will ensure the consistent application of federal laws and promote fair adjudication. Request for Waiver of Service: We kindly request that the plaintiff's counsel waive service of process under Rule 4(d)(1) of the Federal Rules of Civil Procedure. By doing so, it will expedite the proceedings and reduce unnecessary costs for both parties involved. A waiver form is enclosed with this letter for your convenience. Instructions for Plaintiff's Counsel: Please ensure that the plaintiff's counsel acknowledges receipt of this Notice of Removal within [number of days] and either waives service of process or provides us with the necessary information to effectuate service on their behalf. Furthermore, please note that all further documentation, filings, and correspondences regarding this case should be directed to the following address: [Your Address] [City, State, ZIP] [Email Address] [Phone Number] Thank you for your attention to this matter. We trust that this Notice of Removal will be processed in a timely and efficient manner. If you require any additional documentation or have any questions, please do not hesitate to contact me. Sincerely, [Your Name] [Defendant's Counsel] [Bar Number (if applicable)] Note: It is important to consult with an attorney before using any sample letter for Defendant's Notice of Removal. Additionally, this letter is provided as a sample and should be modified to fit the specific circumstances of the case.

Minnesota Sample Letter for Defendant's Notice of Removal: A Comprehensive Overview [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Defendant's Notice of Removal — Case No. [case number] Dear [Recipient's Name], I hope this letter finds you well. I, [Your Name], on behalf of [Defendant's Name], would like to submit this Notice of Removal in regard to the case mentioned above as per the United States Code, Title 28, Section 1446. Introduction and Background: As you are aware, the case under [case number], currently pending in [Court Name] County, Minnesota, involves [Plaintiff's Name] as the plaintiff and [Defendant's Name] as the defendant. Through this Notice of Removal, we intend to lawfully request the transfer of this case from the state court to the United States District Court for the District of Minnesota. Legal Basis for Removal: We believe that removal is appropriate under 28 U.S.C. § 1332 (diversity jurisdiction) as well as 28 U.S.C. § 1441 (removal generally). The parties involved are diverse, as [Defendant's Name] is a resident of [state of residency] while [Plaintiff's Name] is a resident of Minnesota. Furthermore, the amount in controversy exceeds the required minimum threshold for federal subject jurisdiction, which is $75,000. Plaintiff's Claims: It is crucial to address the nature of the claims made by the plaintiff. [Provide a brief summary of the plaintiff's claims, highlighting the relevant factors and controversies involved]. Federal Court Jurisdiction and Venue: The United States District Court for the District of Minnesota has jurisdiction over this matter as it satisfies all the statutory requirements under 28 U.S.C. § 1441 and § 1332. The transfer to a federal court will ensure the consistent application of federal laws and promote fair adjudication. Request for Waiver of Service: We kindly request that the plaintiff's counsel waive service of process under Rule 4(d)(1) of the Federal Rules of Civil Procedure. By doing so, it will expedite the proceedings and reduce unnecessary costs for both parties involved. A waiver form is enclosed with this letter for your convenience. Instructions for Plaintiff's Counsel: Please ensure that the plaintiff's counsel acknowledges receipt of this Notice of Removal within [number of days] and either waives service of process or provides us with the necessary information to effectuate service on their behalf. Furthermore, please note that all further documentation, filings, and correspondences regarding this case should be directed to the following address: [Your Address] [City, State, ZIP] [Email Address] [Phone Number] Thank you for your attention to this matter. We trust that this Notice of Removal will be processed in a timely and efficient manner. If you require any additional documentation or have any questions, please do not hesitate to contact me. Sincerely, [Your Name] [Defendant's Counsel] [Bar Number (if applicable)] Note: It is important to consult with an attorney before using any sample letter for Defendant's Notice of Removal. Additionally, this letter is provided as a sample and should be modified to fit the specific circumstances of the case.

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Minnesota Sample Letter for Defendant's Notice of Removal