Ohio Sample Letter for Defendant's Notice of Removal

• Category: Letters - Legal - Notices
• State: Multi-State
• Control #: US-0771LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Law Firm's Name] [Address] [City, State, ZIP] Subject: Defendant's Notice of Removal — [Case Name], Case No. [Case Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing in reference to the above-mentioned case, [Case Name], and its corresponding case number, [Case Number], currently pending in [Court Name], [County], Ohio. I, [Your Name], hereby present this Defendant's Notice of Removal on behalf of my client, the defendant in the above-referenced case, [Defendant's Name]. Pursuant to 28 U.S.C. § 1441 et seq., and in accordance with Rule 81 of the Ohio Rules of Civil Procedure, we hereby remove this case from the [Court Name], [County], Ohio, to the United States District Court for the [District Name]. This Notice of Removal is validly grounded on the following overriding factors: 1. Diversity Jurisdiction: The amount in controversy exceeds the jurisdictional threshold of $75,000, exclusive of interest and costs, and involves diverse parties. The plaintiff, [Plaintiff's Name], is a citizen of [State], while the defendant, [Defendant's Name], is a citizen of [State]. 2. Federal Question Jurisdiction: The case arises under federal law due to the presence of substantial federal issues that are central to the adjudication, as outlined in [relevant federal law or regulation citation]. In light of the aforementioned jurisdictional bases, it is evident that removal to the United States District Court is necessary for the proper resolution of this case, as it will afford the parties the opportunity for a fair trial under federal law. Enclosed with this notice, please find the required documents for removal as outlined by the United States District Court for the [District Name]. These documents include: 1. Notice of Removal Form: Completed and signed by the defendant or their legal representative. 2. Civil Cover Sheet: Completed in accordance with the instructions provided by the United States District Court for the [District Name]. 3. Complaint: A copy of the plaintiff's original complaint filed in the [Court Name], [County], Ohio. 4. Summons: A copy of the summons served upon the defendant in the original litigation. 5. Any other relevant exhibits or supporting documentation that may further support the removal process. Please note that within 30 days of the Consent to Removal filed by all defendants, we anticipate the filing of a Notice of Filing of This Notice of Removal with the [Court Name], [County], Ohio, to apprise the state court of the removal action taken. We kindly request that you acknowledge receipt of this Defendant's Notice of Removal promptly. Additionally, please inform us of any procedural requirements or further actions we must take to ensure a smooth transition to the United States District Court. Thank you for your attention to this matter, and we look forward to your cooperation in facilitating the removal process. Should you have any questions or require further information, please do not hesitate to contact me at [Your Phone Number] or via email at [Your Email Address]. Yours sincerely, [Your Name] [Your Title] [Your Law Firm, if applicable]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Law Firm's Name] [Address] [City, State, ZIP] Subject: Defendant's Notice of Removal — [Case Name], Case No. [Case Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing in reference to the above-mentioned case, [Case Name], and its corresponding case number, [Case Number], currently pending in [Court Name], [County], Ohio. I, [Your Name], hereby present this Defendant's Notice of Removal on behalf of my client, the defendant in the above-referenced case, [Defendant's Name]. Pursuant to 28 U.S.C. § 1441 et seq., and in accordance with Rule 81 of the Ohio Rules of Civil Procedure, we hereby remove this case from the [Court Name], [County], Ohio, to the United States District Court for the [District Name]. This Notice of Removal is validly grounded on the following overriding factors: 1. Diversity Jurisdiction: The amount in controversy exceeds the jurisdictional threshold of $75,000, exclusive of interest and costs, and involves diverse parties. The plaintiff, [Plaintiff's Name], is a citizen of [State], while the defendant, [Defendant's Name], is a citizen of [State]. 2. Federal Question Jurisdiction: The case arises under federal law due to the presence of substantial federal issues that are central to the adjudication, as outlined in [relevant federal law or regulation citation]. In light of the aforementioned jurisdictional bases, it is evident that removal to the United States District Court is necessary for the proper resolution of this case, as it will afford the parties the opportunity for a fair trial under federal law. Enclosed with this notice, please find the required documents for removal as outlined by the United States District Court for the [District Name]. These documents include: 1. Notice of Removal Form: Completed and signed by the defendant or their legal representative. 2. Civil Cover Sheet: Completed in accordance with the instructions provided by the United States District Court for the [District Name]. 3. Complaint: A copy of the plaintiff's original complaint filed in the [Court Name], [County], Ohio. 4. Summons: A copy of the summons served upon the defendant in the original litigation. 5. Any other relevant exhibits or supporting documentation that may further support the removal process. Please note that within 30 days of the Consent to Removal filed by all defendants, we anticipate the filing of a Notice of Filing of This Notice of Removal with the [Court Name], [County], Ohio, to apprise the state court of the removal action taken. We kindly request that you acknowledge receipt of this Defendant's Notice of Removal promptly. Additionally, please inform us of any procedural requirements or further actions we must take to ensure a smooth transition to the United States District Court. Thank you for your attention to this matter, and we look forward to your cooperation in facilitating the removal process. Should you have any questions or require further information, please do not hesitate to contact me at [Your Phone Number] or via email at [Your Email Address]. Yours sincerely, [Your Name] [Your Title] [Your Law Firm, if applicable]