Case 3:21-cv-01035 Document 1 Filed 08/19/21 Page 1 of 6 Page ID #1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF ILLINOIS
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`LARRY TROVER PRODUCE, INC.,
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`Plaintiff,
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`v.
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`NUTRIEN AG SOLUTIONS, INC.,
`NUTRIEN, LTD., OMNILYTICS, INC.,
`AND CERTIS USA, INC.,
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`Defendants.
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`Case No.
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`NOTICE OF REMOVAL
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`TO THE JUDGES OF THE UNITED STATES DISTRICT
`COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS:
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`PLEASE TAKE NOTICE that Defendant Certis U.S.A. L.L.C. (“Certis”),1 by and
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`through its undersigned counsel and pursuant to 28 U.S.C. §§ 1441 and 1446, hereby removes
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`this action from the Circuit Court of Johnson County, Illinois, to the United States District Court
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`for the Southern District of Illinois. In further support of this Notice, Certis states as follows:
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`State Court Action
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`1.
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`On or about July 2, 2021, Plaintiff Larry Trover Produce, Inc. (“Plaintiff”)
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`commenced an action against Defendants Certis, Nutrien AG Solutions, Inc. (“Nutrien AG”),
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`Nutrien, Ltd. (“Nutrien”) and Omnilytics, Inc. (“Omnilytics”; together, “Defendants”) in the
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`Circuit Court of Johnson County, Illinois, Case No. 2021-L-7 (the “State Court Action”). (See
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`Complete State Court Docket, attached as Exhibit A.)
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`1 The Complaint incorrectly named “Certis USA, Inc.,” a nonexistent entity. Plaintiff’s allegations elsewhere in the
`Complaint indicate that it intended to name Certis U.S.A. L.L.C. (See Cmplt. ¶ 7 (alleging that “Certis” as used in
`the Complaint means “Certis USA, LLC”).)
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF ILLINOIS
`
`LARRY TROVER PRODUCE, INC.,
`
`Plaintiff,
`
`v.
`
`NUTRIEN AG SOLUTIONS, INC.,
`NUTRIEN, LTD., OMNILYTICS, INC.,
`AND CERTIS USA, INC.,
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Case No.
`
`NOTICE OF REMOVAL
`
`TO THE JUDGES OF THE UNITED STATES DISTRICT
`COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS:
`
`PLEASE TAKE NOTICE that Defendant Certis U.S.A. L.L.C. (“Certis”),1 by and
`
`through its undersigned counsel and pursuant to 28 U.S.C. §§ 1441 and 1446, hereby removes
`
`this action from the Circuit Court of Johnson County, Illinois, to the United States District Court
`
`for the Southern District of Illinois. In further support of this Notice, Certis states as follows:
`
`State Court Action
`
`1.
`
`On or about July 2, 2021, Plaintiff Larry Trover Produce, Inc. (“Plaintiff”)
`
`commenced an action against Defendants Certis, Nutrien AG Solutions, Inc. (“Nutrien AG”),
`
`Nutrien, Ltd. (“Nutrien”) and Omnilytics, Inc. (“Omnilytics”; together, “Defendants”) in the
`
`Circuit Court of Johnson County, Illinois, Case No. 2021-L-7 (the “State Court Action”). (See
`
`Complete State Court Docket, attached as Exhibit A.)
`
`1 The Complaint incorrectly named “Certis USA, Inc.,” a nonexistent entity. Plaintiff’s allegations elsewhere in the
`Complaint indicate that it intended to name Certis U.S.A. L.L.C. (See Cmplt. ¶ 7 (alleging that “Certis” as used in
`the Complaint means “Certis USA, LLC”).)
`
`
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`Case 3:21-cv-01035 Document 1 Filed 08/19/21 Page 2 of 6 Page ID #2
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`2.
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`Plaintiff’s Complaint and Summons were first received by Certis on or after July
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`21, 2021. (Exhibit B, Summons with Complaint). However, two pages of the Complaint were
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`missing from the version of the Complaint that Certis received. (See id.) A true and complete
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`copy of the Complaint filed in the State Court Action is attached as Exhibit C. Certis has not
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`been served any additional documents filed in the State Court Action.
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`3.
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`Certis removes this action to the United States District Court for the Southern
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`District of Illinois under the provisions of 28 U.S.C. § 1441(a), on the grounds that this Court has
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`original jurisdiction under 28 U.S.C. § 1332(a), as there is diversity of citizenship between
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`Plaintiff and Defendants, and the amount in controversy in excess of $75,000.
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`4.
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`This Notice of Removal is timely because 30 days have not elapsed since Certis
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`received the Summons and Complaint, and the Notice is being filed within one year of the
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`commencement of the State Court Action. 28 U.S.C. § 1446(b)-(c).
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`5.
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`All other Defendants who have been properly joined and served in the State Court
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`Action consent to the removal of this action to this Court. The signed consent of Nutrien AG
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`and Nutrien is attached hereto as Exhibit D, and the signed consent of Omnilytics is attached
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`hereto as Exhibit E. See Air Energy Glob., Inc. v. Grier, No. 12-CV-875-DRH-SCW, 2013 WL
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`12191888, at *2 (S.D. Ill. Mar. 1, 2013) (Herndon, J.); 28 U.S.C. § 1446(b)(2).
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`6.
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`The District Court for the Southern District of Illinois includes Johnson County,
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`where the State Court Action was filed.
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`Citizenship of the Parties
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`7.
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`In the following discussion, the statement as to the citizenship of each party
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`includes the party’s citizenship on the date of this Notice and at the time the State Court Action
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`was brought.
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`2
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`Case 3:21-cv-01035 Document 1 Filed 08/19/21 Page 3 of 6 Page ID #3
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`8.
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`Plaintiff Larry Trover Produce, Inc. is a Florida corporation with its principal
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`place of business in Illinois. (See Cmplt. ¶ 1.) Thus, for purposes of diversity jurisdiction under
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`28 U.S.C. § 1332, Plaintiff is a citizen of Florida and Illinois. See 28 U.S.C.A. § 1332(c)(1).
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`9.
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`Defendant Certis U.S.A. L.L.C. is a Delaware-registered limited liability
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`company with its principal place of business in Maryland. The members of Certis are Mitsui &
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`Co., Ltd. and Mitsui & Co. (U.S.A.), Inc. Mitsui & Co., Ltd. is a Japanese corporation with its
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`principal place of business in Japan, and is therefore a citizen of Japan for purposes of diversity
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`jurisdiction. Mitsui & Co. (U.S.A.), Inc. is a New York corporation with its principal place of
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`business in New York, and is therefore a citizen of New York for purposes of diversity
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`jurisdiction. Accordingly, for purposes of diversity jurisdiction under 28 U.S.C. § 1332, Certis is
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`a citizen of New York and Japan. See Camico Mut. Ins. Co. v. Citizens Bank, 474 F.3d 989, 992
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`(7th Cir. 2007) (“For diversity jurisdiction purposes, the citizenship of an LLC is the citizenship
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`of each of its members.”).
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`10.
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`Defendant Nutrien AG Solutions, Inc. is a Delaware corporation with its principal
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`place of business in Colorado. (See Cmplt. ¶ 4.) Thus, for purposes of diversity jurisdiction under
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`28 U.S.C. § 1332, Nutrien AG is a citizen of Delaware and Colorado.
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`11.
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`Defendant Nutrien, Ltd. is a Canadian corporation with its principal place of
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`business in Canada. (See Cmplt. ¶ 6.) Thus, for purposes of diversity jurisdiction under 28
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`U.S.C. § 1332, Nutrien AG is a citizen of Canada.
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`12.
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`Defendant Omnilytics, Inc. is a Utah corporation with its principal place of
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`business in Utah. (See Cmplt. ¶ 5.) Thus, for purposes of diversity jurisdiction under 28 U.S.C.
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`§ 1332, Omnilytics is a citizen of Utah.
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`3
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`Case 3:21-cv-01035 Document 1 Filed 08/19/21 Page 4 of 6 Page ID #4
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`13.
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`Accordingly, this action is, as of both the time the State Court Action was brought
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`and as of the instant Notice of Removal, between citizens of different states, as well as citizens
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`of foreign states, under 28 U.S.C. § 1332(a)(3).
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`Amount in Controversy
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`14.
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`The amount in controversy exceeds the sum or value of $75,000, exclusive of
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`interest and costs.
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`15.
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`The Complaint purports to state seven causes of action against the Defendants:
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`A)
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`Count I: claim against all Defendants for breach of express warranty under
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`Illinois law, expressly seeking over $300,000 in damages;
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`B)
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`Count II: claim against all Defendants for breach of implied warranty of
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`merchantability under Illinois law, expressly seeking over $300,000 in damages;
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`C)
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`Count III: claim against all Defendants for common law fraudulent
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`misrepresentation, apparently seeking at least $300,000 in damages;
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`D)
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`Count IV: claim against all Defendants for statutory consumer fraud
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`and/or deceptive business practices under Illinois law, expressly seeking at least
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`$300,000 in damages;
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`E)
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`Count V: claim against all Defendants for common law negligence,
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`apparently seeking at least $300,000 in damages;
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`F)
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`Count VI: claim against all Defendants for breach of contract, expressly
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`seeking over $300,000 in damages; and
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`G)
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`Count VII: claim against all Defendants for breach of implied warranty of
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`fitness for particular purpose under Illinois law, expressly seeking over $300,000
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`in damages.
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`4
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`Case 3:21-cv-01035 Document 1 Filed 08/19/21 Page 5 of 6 Page ID #5
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`16.
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`In the Complaint, Plaintiff claims that Defendants are responsible for providing
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`Plaintiff certain Agriphage-brand products that were allegedly defective in preventing the spread
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`of bacterial canker, causing substantial damages to Plaintiff’s tomato crops and leading to over
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`$300,000 in financial losses to Plaintiff. (Cmplt. ¶¶ 58, 70, 47*, 47**.)2
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`17.
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`Because Plaintiff’s citizenship is completely diverse from the citizenship of
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`Defendants, and because the amount-in-controversy exceeds $75,000, this Court has subject
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`matter jurisdiction under 28 U.S.C. § 1332(a).
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`18.
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`Pursuant to 28 U.S.C. § 1446(d), written notice of the filing of this Notice of
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`Removal is being forwarded to counsel for Plaintiff, and this Notice of Removal will be filed
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`with the Clerk of the Circuit Court of Johnson County, Illinois.
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`19.
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`By filing this Notice of Removal, Certis expressly reserves, and does not waive,
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`any and all defenses Certis has or may have to Plaintiff’s claims asserted in the Complaint, and
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`Certis does not concede any of the allegations in Plaintiff’s Complaint.
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`WHEREFORE, Defendant Certis U.S.A. L.L.C. respectfully requests that the above
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`action now pending against it in the Circuit Court of Johnson County, Illinois be removed to this
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`Court.
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`2 The numbering of paragraphs in the Complaint is garbled, with the same paragraph numbers sometimes repeating
`in different counts. Certis uses an asterisk (*) to denote the second appearance of a paragraph number and a double-
`asterisk (**) to denote the third appearance of a paragraph number.
`5
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`Case 3:21-cv-01035 Document 1 Filed 08/19/21 Page 6 of 6 Page ID #6
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`Dated: August 19, 2021.
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`
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`Respectfully submitted,
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`CERTIS U.S.A. L.L.C.
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`By:
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`/s/ Roger H. Stetson
`One of Its Attorneys
`Roger H. Stetson (IL ARDC No. 6279862)
`David B. Lurie (IL ARDC No. 6327262)
`BARACK FERRAZZANO
`KIRSCHBAUM & NAGELBERG LLP
`200 W. Madison St., Suite 3900
`Chicago, IL 60606
`(312) 984-3100
`roger.stetson@bfkn.com
`david.lurie@bfkn.com
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`6
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