Case 1:21-cv-01717-UNA Document 1 Filed 12/06/21 Page 1 of 5 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`MATTHEW KING
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`Plaintiff,
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`v.
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`WALGREENS CO., AND WALGREENS
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`EASTERN CO.,
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`Defendants.
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`C.A. No. _____________________
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`DEFENDANTS’ NOTICE OF REMOVAL
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`Pursuant to 28 U.S.C. § 1446, 28 U.S.C. §1441(a) and (b), and 28 U.S.C. § 1332,
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`Defendants Walgreen Co. (“Walgreens”) and Walgreen Eastern Co., Inc. (“Walgreen Eastern,”
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`and together with Walgreens, “Defendants”)1, remove the action brought by Plaintiff Matthew
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`King in the Superior Court of the State of Delaware, styled Matthew King v. Walgreens Co., and
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`Walgreens Eastern Co., Case No. NK21C-10-027-RLG (the “State Court Action”) to this Court.
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`In support, Defendants state as follows:
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`Background
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`I.
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`1.
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`On October 29, 2021, Plaintiff Matthew King (“Plaintiff”) filed the State Court
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`Action against Defendants in the Superior Court of the State of Delaware, Kent County. Plaintiff
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`demanded a jury trial in the State Court Action.
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`2.
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`In his Complaint, Plaintiff claims that Defendants violated the Delaware Medical
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`Marijuana Act by refusing to hire Plaintiff in 2019. Plaintiff alleges that he “lost income,
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`suffered financial problems, suffered emotional distress, and experience disruption to life.”
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`Compl. ¶12.
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`1 The Complaint improperly named Defendants as “Walgreens Co.” and “Walgreens Eastern
`Co.” Defendants’ corporate names are “Walgreen Co.” and Walgreen Eastern Co., Inc.,”
`respectively.
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`MATTHEW KING
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`Plaintiff,
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`v.
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`WALGREENS CO., AND WALGREENS
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`EASTERN CO.,
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`Defendants.
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`C.A. No. _____________________
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`DEFENDANTS’ NOTICE OF REMOVAL
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`Pursuant to 28 U.S.C. § 1446, 28 U.S.C. §1441(a) and (b), and 28 U.S.C. § 1332,
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`Defendants Walgreen Co. (“Walgreens”) and Walgreen Eastern Co., Inc. (“Walgreen Eastern,”
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`and together with Walgreens, “Defendants”)1, remove the action brought by Plaintiff Matthew
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`King in the Superior Court of the State of Delaware, styled Matthew King v. Walgreens Co., and
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`Walgreens Eastern Co., Case No. NK21C-10-027-RLG (the “State Court Action”) to this Court.
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`In support, Defendants state as follows:
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`Background
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`I.
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`1.
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`On October 29, 2021, Plaintiff Matthew King (“Plaintiff”) filed the State Court
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`Action against Defendants in the Superior Court of the State of Delaware, Kent County. Plaintiff
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`demanded a jury trial in the State Court Action.
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`2.
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`In his Complaint, Plaintiff claims that Defendants violated the Delaware Medical
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`Marijuana Act by refusing to hire Plaintiff in 2019. Plaintiff alleges that he “lost income,
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`suffered financial problems, suffered emotional distress, and experience disruption to life.”
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`Compl. ¶12.
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`1 The Complaint improperly named Defendants as “Walgreens Co.” and “Walgreens Eastern
`Co.” Defendants’ corporate names are “Walgreen Co.” and Walgreen Eastern Co., Inc.,”
`respectively.
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`1
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`Case 1:21-cv-01717-UNA Document 1 Filed 12/06/21 Page 2 of 5 PageID #: 2
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`3.
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`The Complaint was served on Defendants by service on their resident agent on
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`November 15, 2021. A true and correct copy of the Notices of Service, Summonses, and
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`Complaint is attached as Exhibit A.
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`4.
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`This Notice of Removal, together with all process, pleadings and orders served on
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`Defendants, or otherwise on file in the lawsuit, are being filed in this Court within thirty (30)
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`days after the initial service of Summons on Defendants. The removal is therefore timely under
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`28 U.S.C. § 1446(b).
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`5.
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`Exhibit A contains copies of all documents filed in the State Court Action. A
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`copy of Defendants’ Notice of Removal will be promptly filed with the Superior Court of the
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`State of Delaware, in which this action was filed.
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`6.
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`A Civil Cover Sheet will be filed concurrently with this Notice of Removal
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`pursuant to Local Rule 3.1.
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`Grounds for Removal – Diversity Jurisdiction
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`II.
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`7.
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`This Court has original jurisdiction of this action pursuant to 28 U.S.C. § 1332,
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`based upon diversity of citizenship between Plaintiff and Defendants and an amount in
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`controversy exceeding $75,000 excluding interests and costs. Removal is appropriate pursuant to
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`28 U.S.C. § 1441 in that it is a civil action between diverse parties.
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`8.
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`9.
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`Plaintiff is a citizen of Delaware. See Complaint at ¶ 1.
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`Walgreens is an Illinois corporation with its principal place of business in
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`Deerfield, Illinois. See Declaration of Joseph B. Amsbary, Jr. (“Amsbary Aff.”) ¶2, attached as
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`Exhibit B. Therefore, Walgreens is a citizen of the State of Illinois for the purposes of diversity.
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`See 28 U.S.C. § 1332(c)(1) (a corporation shall be deemed to be a citizen of any State in which it
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`is incorporated and of the State where it has its principal place of business).
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`Case 1:21-cv-01717-UNA Document 1 Filed 12/06/21 Page 3 of 5 PageID #: 3
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`10. Walgreen Eastern is a New York corporation with its principal place of business
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`in Deerfield, Illinois. See Amsbary Aff. ¶3. Therefore, Walgreen Eastern is a citizen of the State
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`of Illinois and the State of New York for the purposes of diversity. See 28 U.S.C. § 1332(c)(1)
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`(a corporation shall be deemed to be a citizen of any State in which it is incorporated and of the
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`State where it has its principal place of business).
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`11.
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`Accordingly, there is complete diversity between the parties. See 28 U.S.C. §
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`1332(a).
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`12.
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`Defendants deny liability and deny Plaintiff’s assertion of damages. Plaintiff
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`alleges no specific amount in controversy; however, based upon Plaintiff’s allegations, including
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`a request for special damages, back pay and front pay, as well as compensatory damages and
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`attorneys’ fees, the alleged amount in controversy is more than $75,000, exclusive of interest and
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`costs. See Compl. at p. 4 (“WHEREFORE” clause).
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`13.
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`Plaintiff seeks general compensatory damages, special damages, attorneys’ fees
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`and costs, pre and post-judgment interest and such other relief as the Court deems proper. See
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`Compl. at p. 4 (“WHEREFORE” clause).
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`III. Conclusion
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`14.
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`Removal of this action is proper under 28 U.S.C. § 1441(a) and (b) since it is a
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`civil action brought in a state court. The federal district courts have original jurisdiction under 28
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`U.S.C. § 1332 because there is complete diversity of citizenship between the parties.
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`15.
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`The State Court Action was filed in the Superior Court of the State of Delaware,
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`Kent County. Kent County, Delaware is situated in the United States District Court for the
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`District of Delaware. Therefore, pursuant to 28 U.S.C. § 1441, this Court is the appropriate
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`forum to entertain this Notice of Removal.
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`Case 1:21-cv-01717-UNA Document 1 Filed 12/06/21 Page 4 of 5 PageID #: 4
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`WHEREFORE, for these reasons, Defendants respectfully remove the State Court Action
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`to this Court.
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`Dated: December 6, 2021
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`Respectfully submitted,
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`PINCKNEY, WEIDINGER, URBAN
`& JOYCE, LLC
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`/s/ Elizabeth Wilburn Joyce
`Elizabeth Wilburn Joyce (DE No. 3666)
`Patricia R. Urban (DE No. 4011)
`Megan Ix Brison (DE No. 6721)
`2 Mill Road, Suite 204
`Wilmington, DE 19806
`(302) 504-1497 (Tel.)
`(302) 442-7046 (Fax)
`ewilburnjoyce@pwujlaw.com
`purban@pwujlaw.com
`mixbrison@pwujlaw.com
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`Attorneys For Defendants
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`Case 1:21-cv-01717-UNA Document 1 Filed 12/06/21 Page 5 of 5 PageID #: 5
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing Notice of Removal has been served
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`by first-class United States mail, postage prepaid, this 6th day of December, 2021, upon:
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`Patrick C. Gallagher, Esq. (DE No. 5170)
`Alexis N. Stombaugh, Esq. (DE No. 6702)
`JACOBS & CRUMPLAR, P.A.
`750 Shipyard Drive, Suite 200
`Wilmington, DE 19801
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`/s/ Elizabeth Wilburn Joyce
`Elizabeth Wilburn Joyce (DE No. 3666)
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