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Case 4:20-cv-00101-JHM-HBB Document 1 Filed 06/26/20 Page 1 of 5 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF KENTUCKY
`OWENSBORO DIVISION
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`STEVE PRITCHETT FARMS, LLC, ET AL.,
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`Plaintiffs,
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`v.
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`ARCHER-DANIELS-MIDLAND COMPANY,
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`Defendant.
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`Case Number:
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`NOTICE OF REMOVAL BY DEFENDANT,
`ARCHER-DANIELS-MIDLAND COMPANY
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`I.
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` INTRODUCTION
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`This case involves a commercial dispute concerning the sale of animal feed. The
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`Defendant, Archer-Daniels-
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`respectfully represents that federal
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`jurisdiction over this case, which was originally filed in Kentucky state court in Henderson County,
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`exists on the basis of diversity of citizenship, 28 U.S.C. §1332. This case therefore arises within
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`the original jurisdiction of this Court, and Defendants hereby remove it to this Court pursuant to
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`28 U.S.C. §§1441 and 1446.
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`STATEMENT OF GROUNDS FOR REMOVAL
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`II.
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`1.
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`The time in which to remove this action has not run. The Complaint received by
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`Defendant ADM, on or about June 1, 2020, is attached hereto as Exhibit A, pursuant to 28 U.S.C.
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`§1446(a).
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`2.
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`Defendant is not aware of any other pleadings or orders filed or issued to date in
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`the underlying State court action.
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`1
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`4:20-CV-101-JHM
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`Case 4:20-cv-00101-JHM-HBB Document 1 Filed 06/26/20 Page 2 of 5 PageID #: 2
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`3.
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`4.
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`A Civil Cover Sheet is attached hereto as Exhibit B.
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`By email correspondence on June 5, 2020, counsel for Plaintiffs agreed to an
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`extension of time, up to and including June 30, 2020, for ADM to respond to Plaintiffs Complaint.
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`5.
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`A Corporate Disclosure Statement and Notice of Appearance of Counsel are
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`attached hereto as Exhibits C and D, respectively.
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`6.
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`Plaintiffs Steve Pritchett Farms, LLC and B&L Stock Farm filed this action in the
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`Henderson County Kentucky Circuit Court, as Case Number 20-CI-00285, seeking damages for
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`alleged breaches of contracts between them and ADM, relating to the commercial sale of animal
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`7.
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` The Complaint, which includes a copy of the purported contracts between Steve
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`Pritchett Farms, LLC and ADM, includes claims for
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`of a supply contract for animal feed.
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`8.
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`Although B&L Stock Farm did not attach a copy of its purported contracts with
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`ADM, it
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`Pritchett Farms, LLC.
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`Steve
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`9.
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`In addition to damages for breach of contract, both Steve Pritchett Farms, LLC and
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`B&L Stock Farm
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`to a right to recovery of such fees under the express terms of the contract.
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`10.
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` This Court has diversity jurisdiction over this action, as the parties to this lawsuit
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`are citizens of different states. 28 U.S.C. § 1332(a)(1).
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`11.
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`Defendant ADM is a Delaware Corporation, with its principal place of business in
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`Chicago, Illinois.
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`12.
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`Plaintiff Steve Pritchett Farms, LLC is a limited liability company, organized under
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`2
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`Case 4:20-cv-00101-JHM-HBB Document 1 Filed 06/26/20 Page 3 of 5 PageID #: 3
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`in Henderson County, Kentucky. Steve Pritchett, the sole member of Steve Pritchett Farms, LLC,
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`is a domiciliary and citizen of Kentucky.
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`13.
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`Plaintiff B&L Stock Farm, LLC, is a limited liability company, organized under
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`the laws of the Commonwealth of Kentucky. B&L Stock
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`Henderson County, Kentucky. The sole member of B&L Stock Farm, LLC is Bryan Wellmeier,
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`a domiciliary and citizen of Kentucky.
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`14.
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`This action also meets the amount-in-
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`diversity jurisdiction, as the amount-in-controversy exceeds $75,000.00, exclusive of interest and
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`costs. 28 U.S.C. § 1332(a).
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`15.
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`Before filing this notice of removal, counsel for ADM requested Plaintiffs
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`stipulation that the amount-in-controversy in this case did not exceed $75,000.00. To date, no
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`such stipulation has been received.
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`16.
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`As can be seen from the face of the contracts attached by Plaintiffs to their
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`Complaint, the total value of the sale of grain under the supply contracts held by Steve Pritchett
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`Farms is $914,760.00 (2100 tons of feed at a futures price of $435.60/ton). B&L Stock Farm also
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`17.
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`The total value of these supply contracts (nearly $2 million) constitutes the amount-
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`in-controversy. See Rosen v. Chrysler Corp., 205 F.3d 918, 922 (6th Cir. 2000) (total value of
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`performance of a contract constitutes the amount-in-controversy for purposes of diversity
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`jurisdiction); see also Carrollton Hospitality, LLC v. Ky. Insight Partners II, LP, Case No. 13-21-
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`GFVT, 2013 U.S. Dist. LEXIS 156032, *5, 2013 WL 5934638 (E.D. Ky. October 31, 2013).
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`18.
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`In addition to the amount of the performance of the supply contracts, as previously
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`3
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`Case 4:20-cv-00101-JHM-HBB Document 1 Filed 06/26/20 Page 4 of 5 PageID #: 4
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`stated,
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`provision incorporated into the supply contracts. Should this case require full discovery and a
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`19.
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`satisfy the amount-in-controversy requirement. See Carrolton Hospitality, 2013 U.S. Dist. LEXIS
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`156032, at *12-13
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`: (1) met
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`amount-in-controversy requirement; and (2) was not unreasonable, where it was less than 50% of
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`value of performance of the contract).
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`III. CONCLUSION
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`Plaintiffs claims involve litigation with an amount-in-controversy exceeding $2 million,
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`between citizens of different states. Federal jurisdiction based on diversity of citizenship is
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`therefore conferred, and removal of all of Plaintiffs claims is appropriate.
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` Respectfully Submitted,
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`s/ Nathan A. Lennon
`Nathan A. Lennon (96205)
`REMINGER CO., LPA
`250 Grandview Avenue, Ste. 550
`Ft. Mitchell, KY 41017
`Phone: (859) 426-7222
`Fax: (859) 283-6074
`Email: nlennon@reminger.com
`Counsel for Defendant
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`4
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`Case 4:20-cv-00101-JHM-HBB Document 1 Filed 06/26/20 Page 5 of 5 PageID #: 5
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and accurate copy of the foregoing was served this 26th day of
`June, 2020, via email, upon the following:
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`Charles E. Moore, Esq.
`CHARLES E. MOORE, PSC
`110 South Court Street
`P. O. Box 210
`Morganfield, KY 42437
`cemoore@moorelaw.org
`Counsel for Plaintiff
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`Mark A. Brittingham, Esq.
`224 Fairway Vista Road
`Murphysboro, IL 62966
`mabritt@siu.edu
`Counsel for Plaintiff
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`s/ Nathan A. Lennon
` Nathan A. Lennon (96205)
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`5
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