Case 3:20-cv-02082-JAH-KSC Document 1 Filed 10/22/20 PageID.1 Page 1 of 3
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`ROBERT S. BREWER, JR.
`United States Attorney
`JANET CABRAL (Cal. Bar No.: 168900)
`Assistant U.S. Attorney
`Office of the U.S. Attorney
`880 Front Street, Room 6293
`San Diego, CA 92101
`Tel: (619) 546-8715
`Email: janet.cabral@usdoj.gov
`Attorneys for the United States
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
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`Case No.
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`NOTICE OF REMOVAL OF A
`CIVIL ACTION
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`[28 U.S.C. §§ 1441(c)(1) and
`1442(a)(1)]
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`(Removed from Superior Court of
`California, County of San Diego,
`North County Division, Case No. 37-
`2020-00034326-CU-CR-NC)
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`Plaintiff,
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`v.
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`AGRO DYNAMICS, LLC, a Wyoming
`Limited Liability Company,
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`DRUG ENFORCEMENT
`ADMINISTRATION; SAN DIEGO
`COUNTY; SPECIAL AGENTS PAUL
`GELLES. ERIC BALL, KIERAN GARCIA,
`MARSHA DAWE, ROSS VAN
`NOSTRAND, AND JEREMY FEUZ;
`FRANK HASKELL, ANDREW AGUILAR,
`JASON STEIN, TIMOTHY SMITH,
`MICHAEL ASTORGA, CHRISTOPHER
`MORRIS, SGT. STEVE BODINE, DET.
`JUSTIN MOORE, DET. DWAYNE
`PRICKETT, DET. CHRISTOPHER PEREZ,
`AND DET. RICARDO ANDRADE; and
`DOES 1 to 50, inclusive
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`Defendants.
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`'20
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`CV2082
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`KSC
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`JAH
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`Case 3:20-cv-02082-JAH-KSC Document 1 Filed 10/22/20 PageID.2 Page 2 of 3
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`TO: ALL PARTIES AND THE CLERK OF COURT
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`PLEASE TAKE NOTICE that the United States of America, through its attorneys,
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`Robert S. Brewer, Jr., United States Attorney, and Janet A. Cabral, Assistant U.S. Attorney,
`respectfully removes to this Court the above-captioned civil action from the Superior Court
`of California, County of San Diego. The grounds for this removal include the following:
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`1.
`On or about September 22, 2020, Plaintiff initiated this action as Case No. 37-
`2020-00034326-CU-CR-NC in the Superior Court of California, County of San Diego.
`Plaintiff names as Defendants the Drug Enforcement Administration (“DEA”), as well as
`as DEA Special Agents Paul Gelles, Eric Ball, Kieran Garcia, Marsha Dawe, Ross Van
`Nostrand, and Jeremy Feuz, and DEA Task Force Officers (“TFOs”) Frank Haskell,
`Andrew Aguilar, Jason Stein, Timothy Smith, Michael Astorga, and Christopher Morris.
`The complaint alleges claims under 42 U.S.C. § 1983 against all Defendants for
`unreasonable search and seizure in violation of the Fourth Amendment, and for taking of
`property without compensation in violation of the Fifth Amendment. The complaint further
`alleges violation of the California Constitution and the California Tort Claims Act. All of
`Plaintiff’s causes of action arise out of the execution of a search warrant at property
`allegedly leased and occupied by Plaintiff in Fallbrook, California, on September 12, 2019.
`A copy of the complaint is attached as Exhibit A, pursuant to 28 U.S.C. § 1446(a).
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`2.
`The DEA is an Agency of the United States.
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`3.
`Plaintiff alleges that DEA Special Agents Paul Gelles, Eric Ball, Kieran
`Garcia, Marsha Dawe, Ross Van Nostrand, and Jeremy Feuz, along with DEA TFOs Frank
`Haskell, Andrew Aguilar, Jason Stein, Timothy Smith, Michael Astorga, and Christopher
`Morris, were acting in their capacity as agents and/or officers of the DEA at all times
`relevant to the causes of action set forth in the Complaint.
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`4.
`This action may be removed to this Court under 28 U.S.C. § 1441(c)(1)
`because it contains claims arising under the Constitution and laws of the United States.
`This action may also be removed to this Court under 28 U.S.C. § 1442(a)(1) because it
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`Case 3:20-cv-02082-JAH-KSC Document 1 Filed 10/22/20 PageID.3 Page 3 of 3
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`contains claims against the DEA, an agency of the United States, as well as officers and
`agents of the United States and its agencies.
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`5.
`It also is anticipated that the United States may raise several defenses to the
`complaint, including but not limited to the United States’ sovereign immunity and qualified
`immunity.
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`6. Because this is an action against an agency of the United States and officers
`of the United States, joinder of all Defendants in the notice of removal is not required.
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`7.
`As of this time, neither the summons nor complaint in the above-captioned
`civil action has been served on the United States Attorney for the Southern District of
`California or the Attorney General of the United States.
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`WHEREFORE this case, now pending in the Superior Court of California, County
`of San Diego, is properly removed to this Court.
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`Respectfully submitted,
`ROBERT S. BREWER, JR.
`United States Attorney
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`DATED: October 22, 2020
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`/s/ Janet A. Cabral
`Janet Cabral
`Assistant United States Attorney
`Attorney for United States
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