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Case: 1:21-cv-00794-PAB Doc #: 1 Filed: 04/14/21 1 of 4. PageID #: 1
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`
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`YOST FOODS, INC.,
`
`
`v.
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`
`
`
`
`
`
`BUNGE NORTH AMERICA, INC.,
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF OHIO
`EASTERN DIVISION
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`Plaintiff,
`
`Defendant.
`
`CASE NO. 1:21-CV-794
`
`JUDGE
`
`
`NOTICE OF REMOVAL
`
`Removal of Medina County Court of
`Common Pleas, Case No. 21-CIV-0202
`
`
`Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, Defendant Bunge North America, Inc.
`
`(“Bunge”), hereby gives notice of the removal of the within action from the Medina County, Ohio,
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`Court of Common Pleas to the United States District Court for the Northern District of Ohio,
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`Eastern Division. In support of its Notice of Removal, Bunge respectfully states as follows:
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`1.
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`On March 12, 2021, Plaintiff Yost Foods, Inc. (“Yost”) commenced the above-
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`captioned civil action in the Court of Common Pleas, Medina County, Ohio, where it was docketed
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`as Civil Action No. 21-CIV-0202.
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`2.
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`In accordance with 28 U.S.C. § 1446(a), a copy of the Summons and Complaint are
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`attached hereto as Exhibit 1.
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`action.
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`3.
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`4.
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`Defendant Bunge is the only defendant named in the Complaint issued in this
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`Defendant Bunge was served with the Summons and Complaint on March 18, 2021.
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`Accordingly, this Notice of Removal is timely pursuant to 28 U.S.C. § 1446(b), which provides
`
`12603961.1
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`

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`Case: 1:21-cv-00794-PAB Doc #: 1 Filed: 04/14/21 2 of 4. PageID #: 2
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`
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`that the notice of removal shall be filed within thirty (30) days of service of a copy of the initial
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`pleading.
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`5.
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`Pursuant to 28 U.S.C. § 1441(a), state court civil actions over which the district
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`courts of the United States have original jurisdiction may be removed by the defendant to the
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`district court of the United States of the district and division embracing the place where such action
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`is pending. This Court embraces Medina County, Ohio, where the removed action is currently
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`pending.
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`6.
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`This case is proper for removal under 28 U.S.C. § 1441(b). This Court has original
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`subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1332 as Yost and Bunge are
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`citizens of different states and the amount in controversy exceeds $75,000, exclusive of interest
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`and costs.
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`7.
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`Plaintiff Yost is an Ohio corporation with its principal place of business in
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`Brunswick, Ohio. (Compl. ¶ 3.)
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`8.
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`Defendant Bunge is a New York corporation with its principal place of business in
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`Chesterfield, Missouri. (Compl. ¶ 4.)
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`9.
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`Pursuant to 28 U.S.C. § 1446(d), copies of the Notice of Removal and a Notice to
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`State Court of Filing of Notice of Removal are being served on Yost. A copy of the Notice of
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`Removal will also be filed with the Clerk of the Court of Common Pleas of Medina County, Ohio.
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`
`
`
`
`
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`12603961.1
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`2
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`

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`Case: 1:21-cv-00794-PAB Doc #: 1 Filed: 04/14/21 3 of 4. PageID #: 3
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`
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`WHEREFORE, Defendant Bunge respectfully request that Civil Action No. 21-CIV-0202,
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`which is now pending in the Court of Common Pleas, Medina County, Ohio, be removed to this
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`Court.
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`Respectfully submitted,
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`/s/ Eric B. Levasseur
`Eric B. Levasseur (0075353)
`eblevasseur@hahnlaw.com
`
`HAHN LOESER & PARKS LLP
`200 Public Square, Suite 2800
`Cleveland, OH 44114
`Phone: (216) 621-0150
`Telefax: (216) 241-2824
`
`Attorneys for Defendant
`Bunge North America, Inc.
`
`
`12603961.1
`
`3
`
`

`

`Case: 1:21-cv-00794-PAB Doc #: 1 Filed: 04/14/21 4 of 4. PageID #: 4
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and accurate copy of the foregoing Notice of Removal was
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`electronically filed this 14th day of April 2021. Notice of this filing will be sent to all parties by
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`operation of the Court’s electronic filing system. Parties may access this filing through the Court’s
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`system. In addition, a copy of the foregoing was also sent via regular U.S. mail to the following:
`
`Joel R. Hlavaty, Esq.
`Angela D. Lydon, Esq.
`Frantz Ward LLP
`200 Public Square, Suite 3000
`Cleveland, OH 44114
`
`Attorneys for Plaintiff
`Yost Foods, Inc.
`
`
`
`
`
`
`
`
`
`/s/ Eric B. Levasseur
`One of the Attorneys for Defendant
`Bunge North America, Inc.
`
`12603961.1
`
`

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