Case 4:20-cv-00101-JHM-HBB Document 1 Filed 06/26/20 Page 1 of 5 PageID #: 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF KENTUCKY
`OWENSBORO DIVISION
`
`STEVE PRITCHETT FARMS, LLC, ET AL.,
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`
`
`
`ARCHER-DANIELS-MIDLAND COMPANY,
`
`
`
`
`
`
`
`
`
`
`Defendant.
`
`
`
`
`:
`:
`:
`:
`:
`:
`:
`:
`:
`
`Case Number:
`
`
`
`
`
`NOTICE OF REMOVAL BY DEFENDANT,
`ARCHER-DANIELS-MIDLAND COMPANY
`
`
`
`
`I.
`
`
` INTRODUCTION
`
`This case involves a commercial dispute concerning the sale of animal feed. The
`
`Defendant, Archer-Daniels-
`
`respectfully represents that federal
`
`jurisdiction over this case, which was originally filed in Kentucky state court in Henderson County,
`
`exists on the basis of diversity of citizenship, 28 U.S.C. §1332. This case therefore arises within
`
`the original jurisdiction of this Court, and Defendants hereby remove it to this Court pursuant to
`
`28 U.S.C. §§1441 and 1446.
`
`STATEMENT OF GROUNDS FOR REMOVAL
`
`II.
`
`
`1.
`
`The time in which to remove this action has not run. The Complaint received by
`
`Defendant ADM, on or about June 1, 2020, is attached hereto as Exhibit A, pursuant to 28 U.S.C.
`
`§1446(a).
`
`2.
`
`Defendant is not aware of any other pleadings or orders filed or issued to date in
`
`the underlying State court action.
`
`
`
`1
`
`4:20-CV-101-JHM
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF KENTUCKY
`OWENSBORO DIVISION
`
`STEVE PRITCHETT FARMS, LLC, ET AL.,
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`
`
`
`ARCHER-DANIELS-MIDLAND COMPANY,
`
`
`
`
`
`
`
`
`
`
`Defendant.
`
`
`
`
`:
`:
`:
`:
`:
`:
`:
`:
`:
`
`Case Number:
`
`
`
`
`
`NOTICE OF REMOVAL BY DEFENDANT,
`ARCHER-DANIELS-MIDLAND COMPANY
`
`
`
`
`I.
`
`
` INTRODUCTION
`
`This case involves a commercial dispute concerning the sale of animal feed. The
`
`Defendant, Archer-Daniels-
`
`respectfully represents that federal
`
`jurisdiction over this case, which was originally filed in Kentucky state court in Henderson County,
`
`exists on the basis of diversity of citizenship, 28 U.S.C. §1332. This case therefore arises within
`
`the original jurisdiction of this Court, and Defendants hereby remove it to this Court pursuant to
`
`28 U.S.C. §§1441 and 1446.
`
`STATEMENT OF GROUNDS FOR REMOVAL
`
`II.
`
`
`1.
`
`The time in which to remove this action has not run. The Complaint received by
`
`Defendant ADM, on or about June 1, 2020, is attached hereto as Exhibit A, pursuant to 28 U.S.C.
`
`§1446(a).
`
`2.
`
`Defendant is not aware of any other pleadings or orders filed or issued to date in
`
`the underlying State court action.
`
`
`
`1
`
`4:20-CV-101-JHM
`
`
`
`Case 4:20-cv-00101-JHM-HBB Document 1 Filed 06/26/20 Page 2 of 5 PageID #: 2
`
`
`
`3.
`
`4.
`
`A Civil Cover Sheet is attached hereto as Exhibit B.
`
`By email correspondence on June 5, 2020, counsel for Plaintiffs agreed to an
`
`extension of time, up to and including June 30, 2020, for ADM to respond to Plaintiffs Complaint.
`
`5.
`
`A Corporate Disclosure Statement and Notice of Appearance of Counsel are
`
`attached hereto as Exhibits C and D, respectively.
`
`6.
`
`Plaintiffs Steve Pritchett Farms, LLC and B&L Stock Farm filed this action in the
`
`Henderson County Kentucky Circuit Court, as Case Number 20-CI-00285, seeking damages for
`
`alleged breaches of contracts between them and ADM, relating to the commercial sale of animal
`
`
`
`7.
`
` The Complaint, which includes a copy of the purported contracts between Steve
`
`Pritchett Farms, LLC and ADM, includes claims for
`
`of a supply contract for animal feed.
`
`8.
`
`Although B&L Stock Farm did not attach a copy of its purported contracts with
`
`ADM, it
`
`Pritchett Farms, LLC.
`
`Steve
`
`9.
`
`In addition to damages for breach of contract, both Steve Pritchett Farms, LLC and
`
`B&L Stock Farm
`
`to a right to recovery of such fees under the express terms of the contract.
`
`10.
`
` This Court has diversity jurisdiction over this action, as the parties to this lawsuit
`
`are citizens of different states. 28 U.S.C. § 1332(a)(1).
`
`11.
`
`Defendant ADM is a Delaware Corporation, with its principal place of business in
`
`Chicago, Illinois.
`
`12.
`
`Plaintiff Steve Pritchett Farms, LLC is a limited liability company, organized under
`
`
`
`2
`
`
`
`Case 4:20-cv-00101-JHM-HBB Document 1 Filed 06/26/20 Page 3 of 5 PageID #: 3
`
`
`
`in Henderson County, Kentucky. Steve Pritchett, the sole member of Steve Pritchett Farms, LLC,
`
`is a domiciliary and citizen of Kentucky.
`
`13.
`
`Plaintiff B&L Stock Farm, LLC, is a limited liability company, organized under
`
`the laws of the Commonwealth of Kentucky. B&L Stock
`
`Henderson County, Kentucky. The sole member of B&L Stock Farm, LLC is Bryan Wellmeier,
`
`a domiciliary and citizen of Kentucky.
`
`14.
`
`This action also meets the amount-in-
`
`diversity jurisdiction, as the amount-in-controversy exceeds $75,000.00, exclusive of interest and
`
`costs. 28 U.S.C. § 1332(a).
`
`15.
`
`Before filing this notice of removal, counsel for ADM requested Plaintiffs
`
`stipulation that the amount-in-controversy in this case did not exceed $75,000.00. To date, no
`
`such stipulation has been received.
`
`16.
`
`As can be seen from the face of the contracts attached by Plaintiffs to their
`
`Complaint, the total value of the sale of grain under the supply contracts held by Steve Pritchett
`
`Farms is $914,760.00 (2100 tons of feed at a futures price of $435.60/ton). B&L Stock Farm also
`
`
`
`17.
`
`The total value of these supply contracts (nearly $2 million) constitutes the amount-
`
`in-controversy. See Rosen v. Chrysler Corp., 205 F.3d 918, 922 (6th Cir. 2000) (total value of
`
`performance of a contract constitutes the amount-in-controversy for purposes of diversity
`
`jurisdiction); see also Carrollton Hospitality, LLC v. Ky. Insight Partners II, LP, Case No. 13-21-
`
`GFVT, 2013 U.S. Dist. LEXIS 156032, *5, 2013 WL 5934638 (E.D. Ky. October 31, 2013).
`
`18.
`
`In addition to the amount of the performance of the supply contracts, as previously
`
`
`
`3
`
`
`
`Case 4:20-cv-00101-JHM-HBB Document 1 Filed 06/26/20 Page 4 of 5 PageID #: 4
`
`
`
`stated,
`
`provision incorporated into the supply contracts. Should this case require full discovery and a
`
`19.
`
`satisfy the amount-in-controversy requirement. See Carrolton Hospitality, 2013 U.S. Dist. LEXIS
`
`156032, at *12-13
`
`: (1) met
`
`amount-in-controversy requirement; and (2) was not unreasonable, where it was less than 50% of
`
`
`
`value of performance of the contract).
`
`III. CONCLUSION
`
`
`Plaintiffs claims involve litigation with an amount-in-controversy exceeding $2 million,
`
`between citizens of different states. Federal jurisdiction based on diversity of citizenship is
`
`therefore conferred, and removal of all of Plaintiffs claims is appropriate.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Respectfully Submitted,
`
`
`
`
`
`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
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`Case 4:20-cv-00101-JHM-HBB Document 1 Filed 06/26/20 Page 5 of 5 PageID #: 5
`
`
`
`CERTIFICATE OF SERVICE
`
`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:
`
`
`
`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
`
`Mark A. Brittingham, Esq.
`224 Fairway Vista Road
`Murphysboro, IL 62966
`mabritt@siu.edu
`Counsel for Plaintiff
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`s/ Nathan A. Lennon
` Nathan A. Lennon (96205)
`
`
`
`5
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
