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`DEFENDANT’S NOTICE OF REMOVAL
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`Case 1:21-cv-00203-DMT-CRH Document 1 Filed 11/08/21 Page 1 of 5
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`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF NORTH DAKOTA
`WESTERN DIVISION
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` BRODAL FARMS, LTD.,
`Case No.
`Plaintiff,
`-vs-
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` ARCHER-DANIELS-MIDLAND COMPANY,
`Defendant.
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`Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, Defendant Archer-Daniels-Midland
`Company hereby removes the civil action pending in the North Dakota District Court in and
`for Burke County, captioned as Brodal Farms, Ltd. v. Archer-Daniels-Midland Company, Case
`No.: 07-2021-CV-00041 (the “State Action”), to the United States District Court for the
`District of North Dakota, Bismarck Division. In support thereof ADM states as follows:
`On August 31, 2021, Archer-Daniels-Midland Company (“ADM”) submitted a letter to
`the National Grain and Feed Association (“NGFA”) requesting that the NGFA initiate
`arbitration between ADM and Brodal Farms, Ltd. (“Brodal Farms”). (See Ex. A p. 12, St. Dkt.
`No. 4, Ex. 1 to Plfs’ Mot. to Term. Arb. Proc. (the “Request for Arbitration”)). As described by
`ADM’s Request for Arbitration, ADM claims that Brodal Farms breached a contract with ADM
`by failing to tender 1133.98 metric tons of canola, as required by the parties’ written
`contract, and ADM sought an arbitration award against Brodal Farms in the amount of
`$245,008.74 (before interest and costs) for ADM’s resulting damages. (Request for
`Arbitration pp. 1-2).
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`Case 1:21-cv-00203-DMT-CRH Document 1 Filed 11/08/21 Page 2 of 5
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`REMOVAL IS PROPER
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`Subject Matter Jurisdiction Exists Under 28 U.S.C. § 1332.
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`Plaintiff commenced the State Action on October 6, 2021, in the North Dakota District
`Court in and for Burke County, by filing a Motion for Termination of Arbitration Proceedings
`Pursuant to N.D.C.C. § 32-39.3-05, naming ADM as Defendant and seeking to terminate the
`arbitration requested by ADM. (See Ex. A p. 3, St. Dkt. No. 2, Plfs’ Mot. for Term. Arb. Proc. ¶¶
`1-2 (the “Motion”)). Also on October 6, 2021, ADM’s counsel was first provided with a copy
`of the Motion by email.
`The parties have stipulated to a deadline of November 12, 2021, for ADM to submit
`its opposition to the Motion. (Ex. A p. 61, St. Dkt. No. 18, Sip. Reg. Def. Time to Resp. to Mot.
`for Term. Of Arb. Proc.).
`Plaintiff Brodal Farms, Ltd. is a North Dakota corporation with its principal place of
`business and headquarters in or near Columbus, North Dakota. Brodal Farms therefore is a
`citizen of the state of North Dakota for the purposes of determining diversity jurisdiction.
`(See Ex. A p. 4, St. Dkt. No. 3, Br. in Supp. Mot. for Term. Of Arb. Proc. ¶ 2 (the “Brief”) (“Brodal
`Farms Ltd. is a farm/ranch corporation incorporated under the laws of North Dakota, with
`its principal address at 10131 County Road 6 – Columbus, North Dakota 58727-9583.”)).
`Defendant Archer-Daniels-Midland Company is a Delaware corporation with its
`principal place of business and headquarters in Chicago, Illinois. Defendant ADM is therefore
`a citizen of Delaware and Illinois for purposes of determining diversity jurisdiction.
`Accordingly, complete diversity exists among the parties at the time this Notice of
`Removal is filed.
`2
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`A.
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`Case 1:21-cv-00203-DMT-CRH Document 1 Filed 11/08/21 Page 3 of 5
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`Where, as here, one party seeks arbitration of a dispute while the other party resists
`arbitration, courts consider the damages sought through arbitration when determining
`whether the amount in controversy requirement is met for diversity jurisdiction purposes.
`See CMH Homes, Inc. v. Goodner, 729 F.3d 832, 837–38 (8th Cir. 2013) (“To resolve the
`jurisdictional
`question
`in
`this
`case,
`therefore, we
`consider whether
`the amount in controversy between the [parties] satisfies the jurisdictional minimum by
`looking through to the entire, actual controversy between the parties, as they have framed
`it.’”) (quoting Vaden v. Discover Bank, 556 U.S. 49, 66 (2009)); see also Republic Bank & Tr. Co.
`v. Kucan, 245 F. App’x 308, 314 (4th Cir. 2007) (“When determining whether the
`jurisdictional amount is satisfied in a case involving a petition to compel arbitration, it is
`appropriate to look through the petition to compel to the controversy underlying the
`arbitration request.”); Jumara v. State Farm Ins. Co., 55 F.3d 873, 877 (3d Cir. 1995) (“[T]he
`amount in controversy in a petition to compel arbitration or appoint an arbitrator is
`determined by the underlying cause of action that would be arbitrated.”).
`ADM seeks an arbitration award against Brodal Farms in the amount of $245,008.74,
`before interests, fees, and costs, satisfying the $75,000 amount in controversy requirement.
`(Request for Arbitration p. 2); see 28 U.S.C. § 1332(a)); Dart Cherokee Basin Operating Co.,
`LLC v. Owens, 574 U.S. 81, 89 (2014) (“[A] defendant’s notice of removal need include only a
`plausible allegation that the amount in controversy exceeds the jurisdictional threshold.”).
`This Court therefore has subject matter jurisdiction over this action pursuant to 28
`U.S.C. § 1332, and under 28 U.S.C. §§ 1441 and 1446, it may be removed to this Court.
`Removal under section 1441 is appropriate when (1) complete diversity of citizenship exists
`between the plaintiff and the defendant and (2) the amount in controversy exceeds $75,000,
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`Case 1:21-cv-00203-DMT-CRH Document 1 Filed 11/08/21 Page 4 of 5
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`This Court is the Proper Venue
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`Removal is Timely
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`exclusive of interest and costs. Furthermore, ADM is not a citizen of the State of North Dakota,
`and therefore, removal is not barred by 28 U.S.C. § 1441(b)(1).
`Venue is proper in this Court pursuant to 28 U.S.C. § 1441(a) because the State Action
`was originally filed in Burke County, North Dakota, which is within this Court’s district and
`division.
`Removal is timely under 28 U.S.C. § 1446(b) because ADM filed this Notice of Removal
`within thirty days after first receiving a copy of the Motion on October 6, 2021.
`Furthermore, removal is not barred by 28 U.S.C. § 1446(c)(1) because it occurred not
`more than one year from the commencement of the original action. See 28 U.S.C. § 1446(c)(1)
`(“A case may not be removed [] on the basis of jurisdiction conferred by section 1332 more
`than 1 year after commencement of the action. . .”).
` This action has not been previously removed to federal court.
`Removal of the State Action, brought pursuant to North Dakota’s Uniform Arbitration
`Act, is not otherwise barred by 28 U.S.C. § 1445 (listing nonremovable actions).
`Pursuant to 28 U.S.C. 1446(a), a copy of all process, pleadings, and orders served upon
`ADM and those available to ADM through the state court’s electronic case management
`system are attached as Exhibit A.
`Pursuant to 28 U.S.C. § 1446(d), a copy of this Notice of Removal is being filed with
`the Clerk of the Court for the North Dakota District Court in and for Burke County and is
`4
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`All Other Removal Requirements Have Been Met
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`B.
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`C.
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`D.
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`Case 1:21-cv-00203-DMT-CRH Document 1 Filed 11/08/21 Page 5 of 5
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`being served on counsel for Plaintiff. A true and accurate copy of the Notice to State Court
`and Plaintiffs is attached hereto as Exhibit B.
`WHEREFORE, Defendant Archer-Daniels-Midland Company gives notice that the
`State Action is removed from the North Dakota District Court in and for Burke County to the
`United States District Court for the District of North Dakota, Bismarck Division.
`Dated: November 5, 2021
`
` /s/ Ian R. McLean
`Ronald H. McLean (#
`Ian R. McLean (#07320)
`SERKLAND LAW FIRM
`10 Roberts Street North
`P.O. Box 6017
`Fargo, ND 58108-6017
`701.232.8957
`rmclean@serklandlaw.com
`imclean@serklandlaw.com
` and
` Jacob D. Bylund (IA #AT0001399)
`Christopher A. Kreuder (IA #AT0013264*)
`*pro hac vice pending
`FAEGRE DRINKER BIDDLE & REATH LLP
`801 Grand Avenue, 33rd Floor
`Des Moines, IA 50309
`515.248.9000
`jacob.bylund@faegredrinker.com
`christopher.kreuder@faegredrinker.com
` ATTORNEYS FOR DEFENDANT
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