Case 1:21-cv-01336-ABJ Document 1 Filed 05/14/21 Page 1 of 4
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
`
`
`Plaintiff,
`
`
`
`v.
`
`MELISSA LYNCH,
`2246 S Street SE
`Washington, D.C. 20020,
`
`
`
`
`
`APPLE INC.,
`One Apple Park Way
`Cupertino, CA 95014
`
`
`
`
`
`
`
`
`
`
`Case No. 1:21-cv-01336
`
`
`
`Defendant.
`
`
`NOTICE OF REMOVAL
`
`Pursuant to 28 U.S.C. §§ 1441 and 1446, Defendant Apple Inc. (“Apple”), by counsel,
`
`hereby files its Notice of Removal of this action from the Superior Court for the District of
`
`Columbia to the United States District Court for the District of Columbia.
`
`Defendant bases its removal on the following grounds:
`
`1.
`
`On April 12, 2021, Plaintiff Melissa Lynch filed an action against Defendant in the
`
`Superior Court for the District of Columbia, captioned Melissa Lynch v. Apple Inc., No. 2021 CA
`
`001144 B. A copy of the Complaint is attached hereto and marked as Exhibit A. A copy of the
`
`Summons is attached hereto and marked as Exhibit B.
`
`2.
`
`Defendant acknowledged service of the Summons and Complaint on April 23,
`
`2021, and has timely filed this removal within thirty (30) days in accordance with 28 U.S.C.
`
`§ 1446(b)(3) (“[A] notice of removal may be filed within thirty days after receipt by the defendant,
`
`through service or otherwise, of a copy of an amended pleading, motion, order or other paper from
`
`which it may first be ascertained that the case is one which is or has become removable.”).
`
`
`
`

`

`Case 1:21-cv-01336-ABJ Document 1 Filed 05/14/21 Page 2 of 4
`
`
`
`3.
`
`In addition to the Summons and Complaint, Defendant was served with the D.C.
`
`Superior Court Initial Order and Addendum. True and correct copies of these documents and other
`
`related court documents are included in Exhibit C.
`
`4.
`
`Removal of this action is appropriate because there is complete diversity of
`
`citizenship between the parties under 28 U.S.C. § 1332. Plaintiff resides in, and is therefore a
`
`citizen of, the District of Columbia. See Ex. A, Compl., Case Caption. Apple is incorporated in
`
`California with its corporate headquarters and principal place of business in Cupertino, California.
`
`See Exhibit D, Declaration of Mark Rollins at ¶ 3. Consequently, Apple is a citizen of California.
`
`See Hertz v. Friend, 559 U.S. 77, 78-79 (2010) (for purposes of diversity jurisdiction, a
`
`corporation’s “principal place of business” is normally the location of its headquarters).
`
`5.
`
`Additionally, the amount in controversy exceeds the jurisdictional minimum for
`
`removal based on diversity of citizenship. Federal Courts have “original jurisdiction of all civil
`
`actions where the amount in controversy exceeds the sum or value of $75,000, exclusive of interest
`
`and costs, and is between . . . citizens of different states.” 28 U.S.C. § 1332(a)(1).
`
`6.
`
`If a complaint does not specify the amount in controversy, as here, the court may
`
`undertake an independent assessment of whether the amount in controversy meets jurisdictional
`
`requirements. Wilson v. U.S. Dep’t of Transp., 759 F. Supp. 2d 55, 64 (D.D.C. 2011). As the
`
`removing party, Defendant has the burden to establish by a preponderance of the evidence that the
`
`amount in controversy exceeds $75,000. 28 U.S.C. 1446(c)(2)(B). See Gebretsadike v. Travelers
`
`Home & Marine Ins. Co., No. 1:14-cv-02059, 2015 WL 2197955, at *2 (D.D.C. May 11, 2015)
`
`(when a plaintiff seeks an unspecified amount of damages, a removing defendant “must establish
`
`the amount in controversy by a preponderance of the evidence”).
`
`
`
`2
`
`

`

`Case 1:21-cv-01336-ABJ Document 1 Filed 05/14/21 Page 3 of 4
`
`
`
`7.
`
`Here, Plaintiff has stipulated that the amount in controversy in this matter exceeds
`
`$75,000. See Exhibit E, Stipulation Regarding Amount in Controversy. This is borne out by the
`
`allegations and claims set forth in the Complaint. Plaintiff asserts claims for unlawful termination
`
`of employment, and she seeks economic damages including front pay and back pay; compensatory
`
`damages; punitive damages; and attorneys’ fees and costs. See Ex. A, Compl. Prayer for Relief.
`
`At the time of Plaintiff’s termination of employment, her annual salary was $185,868. Ex. D, ¶ 4.
`
`Therefore, if Plaintiff were to succeed on the merits of her claims, her recovery could easily exceed
`
`$75,000.
`
`8.
`
`Concurrent with the filing and service of this Notice of Removal, Defendant has
`
`served a Notice of Filing Notice of Removal on Plaintiff, and has filed such Notice with the Clerk
`
`of Court for the Superior Court for the District of Columbia. See Defendant’s Notice of Filing
`
`Notice of Removal attached hereto as Exhibit F.
`
`WHEREFORE, Defendant files this Notice of Removal so that the entire court action under
`
`Civil Action Number 2021 CA 001144 B now pending in the Superior Court for the District of
`
`Columbia is removed to this Court for all further proceedings.
`
`
`
`Dated: May 14, 2021
`
`Respectfully submitted,
`
`
`
`OGLETREE, DEAKINS, NASH,
` SMOAK & STEWART, P.C.
`
` /s/ Christopher E. Humber
`DC Bar No. 462447
`1909 K Street, N.W., Suite 1000
`Washington, D.C. 20006
`Tel: (202) 887-0855
`Fax: (202) 887-0866
`chris.humber@ogletree.com
`
`Counsel for Defendant Apple Inc.
`
`
`
`
`
`3
`
`

`

`Case 1:21-cv-01336-ABJ Document 1 Filed 05/14/21 Page 4 of 4
`
`
`
`CERTIFICATE OF SERVICE
`
`I HEREBY certify that a true copy of the foregoing was electronically filed via the Court’s
`
`ECF filing system on this May 14, 2021, with a copy served by electronic mail to:
`
`Kellee Boulais Kruse, DC Bar 994450
`R. Scott Oswald, DC Bar 458859
`The Employment Law Group, P.C.
`888 17th Street, N.W., 9th Floor
`Washington, DC 2000
`Tel.: (202) 261-2806
`Fax: (202) 261-2835
`soswald@employmentlawgroup.com
`kkruse@employmentlawgroup.com
`
`Counsel for Plaintiff
`
`
`
`
`
`
`OGLETREE, DEAKINS, NASH,
` SMOAK & STEWART, P.C.
`
` /s/ Christopher E. Humber
`DC Bar No. 462447
`1909 K Street, N.W., Suite 1000
`Washington, D.C. 20006
`Tel: (202) 887-0855
`Fax: (202) 887-0866
`chris.humber@ogletree.com
`
`Counsel for Defendant Apple Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`
`
`
`
`