Case 1:22-cv-00363-TCB Document 1 Filed 01/28/22 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
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`Civil Case No.
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`DRB REALTY & PROPERTIES, LLC, a Georgia LLC,
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`v.
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`NUTRIEN AG SOLUTIONS, INC., a Delaware Corporation,
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`Defendant.
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`__________________________________________________________________
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`DEFENDANT NUTRIEN AG SOLUTIONS, INC.’S NOTICE OF REMOVAL
`WITH INCORPORATED MEMORANDUM OF LAW
`__________________________________________________________________
`Pursuant to 28 U.S.C. §§ 1441 and 1446, Defendant Nutrien Ag Solutions,
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`Plaintiff,
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`Inc. (“Nutrien” or “Defendant”), through undersigned counsel, respectfully submits
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`this Notice of Removal and states as follows.
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`BACKGROUND
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`1.
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`On June 24, 2021, Plaintiff DRB Realty & Properties, LLC (“Plaintiff”
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`or “the Plaintiff LLC”) filed a Complaint (“Complaint”) upon Defendant Nutrien
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`and now-dismissed Defendant Mills Forestry Service, LLC, titled DRB Realty &
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`Properties, LLC v. Nutrien Ag Solutions, Inc. and Mills Forestry Service, LLC, in
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`the Circuit Court of the Superior Court of Gwinnett County, Georgia, Case No. 21-
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`1
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`
`
`
`
`Civil Case No.
`
`
`DRB REALTY & PROPERTIES, LLC, a Georgia LLC,
`
`
`
`v.
`
`NUTRIEN AG SOLUTIONS, INC., a Delaware Corporation,
`
`Defendant.
`
`__________________________________________________________________
`
`DEFENDANT NUTRIEN AG SOLUTIONS, INC.’S NOTICE OF REMOVAL
`WITH INCORPORATED MEMORANDUM OF LAW
`__________________________________________________________________
`Pursuant to 28 U.S.C. §§ 1441 and 1446, Defendant Nutrien Ag Solutions,
`
`Plaintiff,
`
`Inc. (“Nutrien” or “Defendant”), through undersigned counsel, respectfully submits
`
`this Notice of Removal and states as follows.
`
`BACKGROUND
`
`1.
`
`On June 24, 2021, Plaintiff DRB Realty & Properties, LLC (“Plaintiff”
`
`or “the Plaintiff LLC”) filed a Complaint (“Complaint”) upon Defendant Nutrien
`
`and now-dismissed Defendant Mills Forestry Service, LLC, titled DRB Realty &
`
`Properties, LLC v. Nutrien Ag Solutions, Inc. and Mills Forestry Service, LLC, in
`
`the Circuit Court of the Superior Court of Gwinnett County, Georgia, Case No. 21-
`
`1
`
`
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`Case 1:22-cv-00363-TCB Document 1 Filed 01/28/22 Page 2 of 6
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`A-04860-7 (“State Court Action”). A true and correct copy of the Complaint is
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`attached hereto as Exhibit A. Plaintiff asserts claims for, among other causes of
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`action, Negligence and Breach of Contract, and seeks damages in excess of
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`$20,000,000.00. Ex. A, p. 6.
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`2.
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`Defendant Nutrien was served a copy of the Complaint on July 1,
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`2021. A true and correct copy of the Service of Process Transmittal is attached
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`hereto as Exhibit B.
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`3.
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`At the time of filing of the Complaint, the identities and citizenships of
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`the Plaintiff LLC’s members were unknown.
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`4.
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`On November 19, 2021, Plaintiff dismissed Defendant Mills Forestry
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`Service, LLC from the case.
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`5.
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`On January 27, 2022, Nutrien deposed David Blount, a member of the
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`Plaintiff LLC. Mr. Blount testified that there are three members of the Plaintiff
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`LLC: David Blount, his wife Brenda Blount, and their son Rhett Blount. All of the
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`Plaintiff LLC’s members are residents and citizens of Georgia. None of the
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`Plaintiff LLC’s members are citizens of Colorado or Delaware.
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`STATEMENT OF GROUNDS FOR REMOVAL
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`6.
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`Removal is timely pursuant to 28 U.S.C. § 1446(b)&(c) because less
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`than thirty days have passed since Defendant became aware that it is completely
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`2
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`Case 1:22-cv-00363-TCB Document 1 Filed 01/28/22 Page 3 of 6
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`diverse from the Plaintiff LLC’s members, and less than one year has passed since
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`the commencement of the action.
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`7.
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`This action is subject to removal pursuant to 28 U.S.C. §§ 1441 and
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`1446 because of the original jurisdiction conferred by 28 U.S.C. § 1332. Federal
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`alienage, diversity jurisdiction exists in this case because the amount in
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`controversy exceeds $75,000 and the case is between citizens of different states.
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`28 U.S.C. § 1332.
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`JURISDICTION AND VENUE
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`8.
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`None of the Plaintiff LLC’s members are citizens of Delaware or
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`Colorado. All of the Plaintiff LLC’s members are citizens of Georgia.
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`9.
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`Defendant Nutrien is a Delaware corporation with its principal place of
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`business in Loveland, Colorado. See 28 U.S.C. § 1332(c)(1).
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`10.
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`The amount in controversy exceeds the sum or value of $75,000,
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`exclusive of interest and costs. See 28 U.S.C. § 1446(c)(2)(B) (“[R]emoval of the
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`action is proper on the basis of an amount in controversy asserted [in the notice of
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`removal] if the district court finds, by the preponderance of the evidence, that the
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`amount in controversy exceeds” $75,000.).
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`11.
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`Plaintiff’s Complaint seeks damages for alleged injuries to trees,
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`which Plaintiff values at over $20,000,000.00. Ex. A, p. 6.
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`3
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`Case 1:22-cv-00363-TCB Document 1 Filed 01/28/22 Page 4 of 6
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`12.
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`The United States District Court for the Northern District of Georgia
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`is the proper court to which this action should be removed pursuant to 28 U.S.C. §
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`1441(a) because the original action was filed in the Superior Court of Gwinnett
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`County, Georgia, and the Northern District of Georgia encompasses Gwinnett
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`County, Georgia.
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`PROCESS, PLEADINGS AND ORDERS SERVED
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`13.
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`Pursuant to 28 U.S.C. § 1446(a) and Local Rule 1.06(b), a copy of all
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`process, pleadings, motions, and orders served upon Defendant or otherwise listed
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`on the docket of the State Court Action are attached hereto as Exhibits A–P.
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`14.
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`There are no pending motions in the State Court Action.
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`15. No hearings have been set in the State Court Action.
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`NOTICE OF REMOVAL
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`16.
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`Pursuant to 28 U.S.C. § 1446(d), Defendant Nutrien will promptly file
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`a Notice of Filing of Notice of Removal with the Superior Court of Gwinnett
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`County, Georgia, and will serve the same upon Plaintiff. A copy of such Notice is
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`attached as Exhibit Q.
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`17.
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`Pursuant to Local Rule 1.06(b), along with the filing of this Notice,
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`Defendant Nutrien will file a current docket sheet (register of actions) and will
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`separately file each pending motion, petition, and related response, reply, and brief.
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`4
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`Case 1:22-cv-00363-TCB Document 1 Filed 01/28/22 Page 5 of 6
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`
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`WHEREFORE, Defendant Nutrien respectfully gives notice that this action
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`has been removed from the Superior Court of Gwinnett County, Georgia, to the
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`United States District Court for the Northern District of Georgia.
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`Respectfully submitted this 28th day of January, 2022.
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`/s/William V. Custer
`William V. Custer
`Ga. Bar No. 202910
`Ann W. Ferebee
`Ga. Bar No. 431941
`Brooke B. Ingoglia
`Ga. Bar No. 808110
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`BRYAN CAVE LEIGHTON PAISNER
`LLP
`1201 W. Peachtree Street, N.W.
`Suite 1400
`Atlanta, Georgia 30309
`(404) 572-6600 (phone)
`(404) 572-6999 (fax)
`
`Counsel for Nutrien Ag Solutions, Inc.
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`5
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`Case 1:22-cv-00363-TCB Document 1 Filed 01/28/22 Page 6 of 6
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that on January 28, 2022, a true and
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`correct copy of the foregoing DEFENDANT NUTRIEN AG SOLUTIONS,
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`INC.’S NOTICE OF REMOVAL WITH
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`INCORPORATED
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`MEMORANDUM OF LAW was filed with the Court using the CM/ECF and
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`served via email and United States mail, postage prepaid:
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`George H. Rountree
`BROWN ROUNTREE PC
`26 N. Main Street
`Statesboro, Georgia 30458
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`
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`/s/William V. Custer
`William V. Custer
`Georgia Bar No. 202910
`Ann W. Ferebee
`Ga. Bar No. 431941
`Brooke B. Ingoglia
`Ga. Bar No. 808110
`
`BRYAN CAVE LEIGHTON PAISNER
`LLP
`1201 West Peachtree Street, NW
`Suite 1400
`Atlanta, GA 30309
`404-572-6600
`404-572-6699
`Counsel for Nutrien Ag Solutions, Inc.
`
`6
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