IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF NORTH CAROLINA
`WESTERN DIVISION
`CIVIL ACTION NO.__________
`
`
`
`
`ANTHONY VINES,
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`MOUNTAIRE FARMS, INC.,
`
`
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`NOTICE OF REMOVAL OF CIVIL ACTION
`
`
`
`COMES NOW Mountaire Farms, Inc. (hereinafter “Defendant”) and for its Notice of
`
`Removal of Civil Action (“Notice”) respectfully submits as follows:
`
`1.
`
`Defendant is named in a civil action in the General Court of Justice, Superior Court
`
`Division, for Wake County, North Carolina, Case Number 20-cv-013627, styled Anthony
`
`Vines v. Mountaire Farms, Inc.. A copy of the Complaint and Summons served upon
`
`Defendant is attached hereto as Exhibit A, and constitute the only process, pleadings, and
`
`orders served upon the Defendant.
`
`2.
`
`Defendant accepted service on January 7, 2021. This notice is being filed within thirty
`
`(30) days of receipt of the Complaint and acceptance of service, and therefore is timely
`
`pursuant to 28 U.S.C. §1446(b).
`
`3.
`
`Defendant Mountaire Farms, Inc. is a Delaware corporation. Mountaire Farms, Inc. is the
`
`sole owner of all Defendants’ operations and facilities located in the State of North
`
`
`
`Case 5:21-cv-00059-BO Document 1 Filed 02/04/21 Page 1 of 4
`
`1
`
`
`FOR THE EASTERN DISTRICT OF NORTH CAROLINA
`WESTERN DIVISION
`CIVIL ACTION NO.__________
`
`
`
`
`ANTHONY VINES,
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`MOUNTAIRE FARMS, INC.,
`
`
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`NOTICE OF REMOVAL OF CIVIL ACTION
`
`
`
`COMES NOW Mountaire Farms, Inc. (hereinafter “Defendant”) and for its Notice of
`
`Removal of Civil Action (“Notice”) respectfully submits as follows:
`
`1.
`
`Defendant is named in a civil action in the General Court of Justice, Superior Court
`
`Division, for Wake County, North Carolina, Case Number 20-cv-013627, styled Anthony
`
`Vines v. Mountaire Farms, Inc.. A copy of the Complaint and Summons served upon
`
`Defendant is attached hereto as Exhibit A, and constitute the only process, pleadings, and
`
`orders served upon the Defendant.
`
`2.
`
`Defendant accepted service on January 7, 2021. This notice is being filed within thirty
`
`(30) days of receipt of the Complaint and acceptance of service, and therefore is timely
`
`pursuant to 28 U.S.C. §1446(b).
`
`3.
`
`Defendant Mountaire Farms, Inc. is a Delaware corporation. Mountaire Farms, Inc. is the
`
`sole owner of all Defendants’ operations and facilities located in the State of North
`
`
`
`Case 5:21-cv-00059-BO Document 1 Filed 02/04/21 Page 1 of 4
`
`1
`
`
`
`Carolina, including but not limited to the facilities where Plaintiff Vines alleges he was
`
`employed.
`
`4.
`
`Plaintiff’s Complaint alleges that he seeks compensatory damages of not less than
`
`$25,000 plus treble damages. (Exhibit A, ¶51 & Prayer for Relief.)
`
`5.
`
`Jurisdiction is vested in this court pursuant to 28 U.S.C. §§1332 (diversity of citizenship
`
`and amount in controversy in excess of $75,000), and this case is removable by this
`
`Defendant pursuant to 28 U.S.C. §§ 1441 and 1446.
`
`6.
`
`Plaintiff alleges that he is entitled to relief under the laws of the State of North Carolina.
`
`This Court has supplemental jurisdiction over state law claims pursuant to 28 U.S.C.
`
`§ 1367, and therefore, the entire case may be removed pursuant to 28 U.S.C. § 1441(c).
`
`7.
`
`The state court in which this action was commenced is within this Court’s district and
`
`division.
`
`8.
`
`Concurrent with the filing of this Notice, Defendant will file a Notice of Filing of
`
`Removal to the United States District Court for the Eastern District of North Carolina
`
`with the Clerk of Superior Court for Wake County, State of North Carolina, pursuant to
`
`28 U.S.C. § 1446(d), attached hereto as Exhibit B.
`
`WHEREFORE, subject to and without waiver of any available defenses, Defendant prays
`
`that this action be removed from the Superior Court of Wake County, State of North Carolina to
`
`the United States District Court for the Eastern District of North Carolina as provided by law.
`
`
`
`
`
`
`
`
`
`[REST OF PAGE INTENTIONALLY LEFT BLANK]
`
`
`
`Case 5:21-cv-00059-BO Document 1 Filed 02/04/21 Page 2 of 4
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted this 4th day of February, 2021.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ M. Lee Daniels, Jr.
`
`M. Lee Daniels, Jr. (N.C. Bar No.: 10300)
`M. LEE DANIELS, JR., P.C.
`OF COUNSEL TO WIMBERLY LAWSON
` SCHNEIDER STECKEL & STINE, P.C.
`1200 Woodruff Road
`Suite A-3
`Greenville, SC 29607
`864-242-9484 - Phone
`864-288-7937 - Fax
`mld@wimlaw.com
`
`Local Civil Rule 83.1(d) Counsel for Defendant
`
`J. Larry Stine
`Georgia Bar No. 682555
`Elizabeth K. Dorminey
`Georgia Bar No. 225935
`WIMBERLY, LAWSON, STECKEL,
` SCHNEIDER & STINE, P.C.
`Suite 400, Lenox Towers
`3400 Peachtree Road, N.E.
`Atlanta, Georgia 30326
`Phone: (404)365-0900
`Fax: (404) 261-3707
`jls@wimlaw.com
`ekd@wimlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Lead Counsel for Defendant
`Special Notice of Appearance Pending
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 5:21-cv-00059-BO Document 1 Filed 02/04/21 Page 3 of 4
`
`3
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF NORTH CAROLINA
`WESTERN DIVISION
`CIVIL ACTION NO. _________
`
`
`
`
`ANTHONY VINES,
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`MOUNTAIRE FARMS, INC.,
`
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`CERTIFICATE OF SERVICE
`
`
`THIS IS TO CERTIFY that I have this day served the foregoing NOTICE OF
`
`REMOVAL OF CIVIL ACTION via email and by depositing a copy of same in the United
`States Mail, with sufficient postage thereon, addressed as follows:
`
`
`Claremont Ripley
`N.C. Justice Center
`P.O. Box 28068
`Raleigh, NC 27611
`Email: clermont@ncjustice.org
`
`DATED this 4th day of February, 2021.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ M. Lee Daniels, Jr.
`M. Lee Daniels, Jr.
`NC Bar No. 10300
`M. LEE DANIELS, JR., P.C.
`OF COUNSEL TO WIMBERLY, LAWSON,
`STECKEL, SCHNEIDER & STINE, P.C.
`1200 Woodruff Road
`Suite A-3
`Greenville, South Carolina 29607
`(864) 242-9484 - Phone
`(864) 288-7937 – Fax
`mld@wimlaw.com
`
`Case 5:21-cv-00059-BO Document 1 Filed 02/04/21 Page 4 of 4
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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
