4:22-cv-03026-JMG-SMB Doc # 1 Filed: 02/24/22 Page 1 of 4 - Page ID # 1
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`UNITED STATES DISTRICT COURT FOR THE
`DISTRICT OF NEBRASKA
`
`STEPHANIE A. CUMMINGS,
`
`Plaintiff,
`
`vs.
`
`
`
`SMITHFIELD FRESH MEATS
`CORP.,
`
`Defendant.
`
`
`
`Case No.
`
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`DEFENDANT SMITHFIELD FRESH MEATS CORP.’S
`NOTICE OF REMOVAL
`
`Please take notice that pursuant to 28 U.S.C. §§ 1331, 1441(a), and 1446, Defendant
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`Smithfield Fresh Meats Corp. (“Smithfield”) hereby removes this action from the District Court
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`of Saline County, Nebraska, to the United States District Court for the District of Nebraska. In
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`support of this Notice of Removal, Smithfield avers as follows:
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`PROCEDURAL HISTORY
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`1.
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`Plaintiff Stephanie Cummings filed a Complaint in the District Court of Saline
`
`County, Nebraska against Smithfield (the “State Court Action”). A true and accurate copy of the
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`Complaint served in the State Court Action is attached as Exhibit 1.1
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`2.
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`On January 25, 2022, Plaintiff served Smithfield by certified mail through its
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`registered agent with a Summons and a copy of the Complaint. A true and accurate copy of the
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`Summons served in the State Court Action is attached as Exhibit 2.
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`3.
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`Exhibits 1 and 2 constitute all process, pleadings, and orders that were served on
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`Smithfield in the State Court Action. A true and accurate copy of the Register of Actions in the
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`State Court Action as of February 23, 2022 is attached as Exhibit 3.
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`1 Plaintiff’s Complaint is undated.
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`4:22-cv-3026
`
`
`
`UNITED STATES DISTRICT COURT FOR THE
`DISTRICT OF NEBRASKA
`
`STEPHANIE A. CUMMINGS,
`
`Plaintiff,
`
`vs.
`
`
`
`SMITHFIELD FRESH MEATS
`CORP.,
`
`Defendant.
`
`
`
`Case No.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`DEFENDANT SMITHFIELD FRESH MEATS CORP.’S
`NOTICE OF REMOVAL
`
`Please take notice that pursuant to 28 U.S.C. §§ 1331, 1441(a), and 1446, Defendant
`
`Smithfield Fresh Meats Corp. (“Smithfield”) hereby removes this action from the District Court
`
`of Saline County, Nebraska, to the United States District Court for the District of Nebraska. In
`
`support of this Notice of Removal, Smithfield avers as follows:
`
`PROCEDURAL HISTORY
`
`1.
`
`Plaintiff Stephanie Cummings filed a Complaint in the District Court of Saline
`
`County, Nebraska against Smithfield (the “State Court Action”). A true and accurate copy of the
`
`Complaint served in the State Court Action is attached as Exhibit 1.1
`
`2.
`
`On January 25, 2022, Plaintiff served Smithfield by certified mail through its
`
`registered agent with a Summons and a copy of the Complaint. A true and accurate copy of the
`
`Summons served in the State Court Action is attached as Exhibit 2.
`
`3.
`
`Exhibits 1 and 2 constitute all process, pleadings, and orders that were served on
`
`Smithfield in the State Court Action. A true and accurate copy of the Register of Actions in the
`
`State Court Action as of February 23, 2022 is attached as Exhibit 3.
`
`1 Plaintiff’s Complaint is undated.
`
`4:22-cv-3026
`
`
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`4:22-cv-03026-JMG-SMB Doc # 1 Filed: 02/24/22 Page 2 of 4 - Page ID # 2
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`JURISDICTION AND BASIS FOR REMOVAL
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`4.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1441(a) because the matter in controversy arises under federal law.
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`5.
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`A case is properly removed if it could have been originally filed in federal district
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`court. Mensah v. Owners Ins. Co., 951 F.3d 941, 943 (8th Cir. 2020); In re Otter Tail Power
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`Company, 116 F.3d 1207, 1213 (8th Cir. 1997).
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`6.
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`In her Complaint, Plaintiff alleges that Smithfield discriminated against her on the
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`basis of her sex and retaliated against her in violation of Title VII of the Civil Rights Act of 1964
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`(42 U.S.C. § 2000e et seq.) by failing to adequately address Plaintiff’s allegations of sexual
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`harassment, and removing Plaintiff from her job assignment after she reported being sexually
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`harassed. Plaintiff’s Complaint does not allege any violations of Nebraska state law. See Complaint
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`⁋⁋ 9, 12-16, 18, 22.
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`7.
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`Because the causes of action set forth in Plaintiff’s Complaint arise under federal
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`law, removal is appropriate. See, Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987) (“The
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`presence or absence of federal-question jurisdiction is governed by the ‘well-pleaded complaint
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`rule,’ which provides that federal jurisdiction exists only when a federal question is presented on
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`the face of the plaintiff's properly pleaded complaint”) (internal citation omitted); Crews v.
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`General American Life Ins. Co., 274 F.3d 502, 504 (8th Cir. 2001) (“A defendant has a right to
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`remove a case from state to federal court if the plaintiff's cause of action arose under federal law”).
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`8.
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`Removal to this district is proper because the United States District Court for the
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`District of Nebraska embraces Saline County, Nebraska. 28 U.S.C. §§ 107, 1441(a).
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`9.
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`Removal is proper because this Notice of Removal is timely filed within 30 days
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`of service of the Summons and Complaint on Defendant. 28 U.S.C. § 1446(b).
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`2
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`4:22-cv-03026-JMG-SMB Doc # 1 Filed: 02/24/22 Page 3 of 4 - Page ID # 3
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`10.
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`In accordance with 28 U.S.C. § 1446(d), after filing this Notice of Removal
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`Smithfield will promptly serve written notice of this Notice of Removal on counsel for Plaintiff
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`and file the same with the Clerk of the District Court of Saline County, Nebraska.
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`NON-WAIVER OF DEFENSES
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`11.
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`By removing this action from the District Court of Saline County, Nebraska,
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`Smithfield does not waive any defenses available to it.
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`12.
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`By removing this action from the District Court of Saline County, Nebraska,
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`Smithfield does not admit any of the allegations in Plaintiff’s Complaint.
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`WHEREFORE, Defendant Smithfield Fresh Meats Corp. removes the above-captioned
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`action from the District Court of Saline County, Nebraska to the United States District Court for
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`the District of Nebraska.
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`Dated: February 24, 2022
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`
`
`Respectfully submitted on behalf of
`Smithfield Fresh Meats Corp.
`
`POLSINELLI PC
`
`/s/ Jason N.W. Plowman
`Jason N.W. Plowman (NE #26652)
`900 W. 48th Place, Suite 900
`Kansas City, MO 64112
`Telephone: (816) 753-1000
`Facsimile: (816) 753-1536
`jplowman@polsinelli.com
`
`Amber M. Rogers (motion for pro hac vice
`admission forthcoming)
`arogers@huntonAK.com
`HUNTON ANDREWS KURTH LLP
`1445 Ross Avenue, Suite 3700
`Dallas, TX 75202
`Phone: 214.979.3000
`
`Attorneys for Defendant Smithfield Fresh
`Meats Corp.
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`3
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`4:22-cv-03026-JMG-SMB Doc # 1 Filed: 02/24/22 Page 4 of 4 - Page ID # 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 24th day of February 2022, I electronically filed the foregoing
`with the Clerk of Court using the CM/ECF system. A notification of such filing (NEF) will be sent
`to the following counsel of record for the Plaintiff via first-class mail:
`
`Abby Osborn
`Shiffermiller Law Office, P.C., L.L.O.
`1002 G Street
`Lincoln, NE 68508
`
`Attorneys for Plaintiff
`
`/s/ Jason N.W. Plowman
`Attorney for Defendant
`
`4
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