in the united states district court for the middle ... · 999 shady grove road, suite 110 memphis,...

IN THE UNITED STATES DISTRICT COURTFOR THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

ROBERT SHARP, on behalf of himself )and on behalf of all others similarly situated, )

)Plaintiffs, )

)v. ) Civil Action No.:

)TECHNICOLOR USA, INC., and )PROLOGISTICS, LLC. )

)Defendant. )

NOTICE OF REMOVAL

Defendant Technicolor Videocassette of Michigan, Inc. (incorrectly identified by

Plaintiff in his Second Amended Complaint as “Technicolor USA, Inc.”) (hereinafter

“Technicolor” or “Defendant”) hereby removes this action to this Court pursuant to 28 U.S.C.

§§ 1441 and 1446 on the grounds that this Court has jurisdiction of the action pursuant to 28

U.S.C. § 1331. This Notice of Removal is signed pursuant to Fed. R. Civ. P. 11. See § 28

U.S.C. 1446(a). In support hereof, Defendant states as follows:

1. On March 15, 2018, Plaintiff Robert Sharp (hereinafter “Plaintiff”) filed a

Complaint, styled Robert Sharp, on behalf of himself and on behalf of all others similarly

situated v. Technicolor USA, Inc. and Manpower US, Inc., Case No. 18C661, in the Circuit

Court of Davidson County, Tennessee.

2. 2. On March 19, 2018, Defendant was served with the aforementioned

Complaint, as well as a Summons. Plaintiff has also filed a First Amended Complaint and

Case 3:18-cv-00379 Document 1 Filed 04/18/18 of 3 PageID #: 1

2

Second Amended Complaint in this matter. The Second Amended Complaint identifies the

defendants as Technicolor USA, Inc. and ProLogistics, LLC.

A copy of the Complaint, First Amended Complaint, Second Amended Complaint and

Summons are being filed contemporaneously herewith as Collective Exhibit A, which comprises

the entire State Court record. The Complaint(s) and Summons were the only documents served

upon Defendant setting forth the claim for relief upon which Plaintiff’s action is based.

3. Plaintiff’s Complaint is a civil action alleging violations of the Fair Credit

Reporting Act of 1970, 15 U.S.C. § 1681 et seq. (“FCRA”). (See Plaintiff’s Complaint). The

same allegations are contained in the Second Amended Complaint. (See Plaintiff’s Second

Amended Complaint).

4. This case is removable on the basis of federal question pursuant to 28 U.S.C. §

1331, as a result of Plaintiff’s FCRA claim.

5. Defendant’s Notice of Removal has been filed within 30 days after the initial

receipt by Defendant of a copy of Plaintiff’s Complaint in accordance with 28 U.S.C. § 1446(b).

6. Removal to this Court is proper pursuant to 28 U.S.C. § 1446(a) because it is in

the district and division embracing the place where the state court action is pending.

7. The district court has supplemental jurisdiction over Plaintiff’s remaining claims,

if any, pursuant to 28 U.S.C. § 1367.

8. A copy of this Notice of Removal, as well as the attached Notice of Filing Notice

of Removal, attached hereto as Exhibit B, have been mailed to counsel for Plaintiff and co-

Defendant ProLogistics, LLC, and are being filed with the Clerk of the Circuit Court of

Davidson County, Tennessee in accordance with 28 U.S.C. § 1446(d).


3

WHEREFORE, Defendant removes this action to the United States District Court for the

Middle District of Tennessee.

Respectfully submitted,

s/ Pamela R. IronsCraig A. Cowart (TN Bar No. 017316)Pamela R. Irons (TN Bar No. 023707)JACKSON LEWIS P.C.999 Shady Grove Road, Suite 110Memphis, TN 38120Telephone: (901) 462-2600Facsimile: (901) 462-2626Email: [email protected]

[email protected]

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that on this 18th day of April, 2018, I served a true and correct copy of theforegoing NOTICE OF REMOVAL via U.S. Mail, postage prepaid on the following:

Brian Winfrey (TN Bar No. 02576)MORGAN & MORGAN810 Broadway, Suite 105Nashville, TN 37203Telephone: (615) 601-1276Email: [email protected]

Attorney for Plaintiff

Scott W. McGiness Jr.ProLogistics, LLC832 Georgia Ave., Suite 1200Chattanooga, TN 37402

s/ Pamela R. Irons

4840-9103-2672, v. 1


Case 3:18-cv-00379 Document 1-1 Filed 04/18/18 Page 1 of 77 PageID #: 4

Copy


JS 44 (Rev. 06/17) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for thepurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)

" 1 U.S. Government " 3 Federal Question PTF DEF PTF DEF

Plaintiff (U.S. Government Not a Party) Citizen of This State " 1 " 1 Incorporated or Principal Place " 4 " 4of Business In This State

" 2 U.S. Government " 4 Diversity Citizen of Another State " 2 " 2 Incorporated and Principal Place " 5 " 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a " 3 " 3 Foreign Nation " 6 " 6Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

" 110 Insurance PERSONAL INJURY PERSONAL INJURY " 625 Drug Related Seizure " 422 Appeal 28 USC 158 " 375 False Claims Act" 120 Marine " 310 Airplane " 365 Personal Injury - of Property 21 USC 881 " 423 Withdrawal " 376 Qui Tam (31 USC" 130 Miller Act " 315 Airplane Product Product Liability " 690 Other 28 USC 157 3729(a))" 140 Negotiable Instrument Liability " 367 Health Care/ " 400 State Reapportionment" 150 Recovery of Overpayment " 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS " 410 Antitrust

& Enforcement of Judgment Slander Personal Injury " 820 Copyrights " 430 Banks and Banking" 151 Medicare Act " 330 Federal Employers’ Product Liability " 830 Patent " 450 Commerce" 152 Recovery of Defaulted Liability " 368 Asbestos Personal " 835 Patent - Abbreviated " 460 Deportation

Student Loans " 340 Marine Injury Product New Drug Application " 470 Racketeer Influenced and(Excludes Veterans) " 345 Marine Product Liability " 840 Trademark Corrupt Organizations

" 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY " 480 Consumer Creditof Veteran’s Benefits " 350 Motor Vehicle " 370 Other Fraud " 710 Fair Labor Standards " 861 HIA (1395ff) " 490 Cable/Sat TV

" 160 Stockholders’ Suits " 355 Motor Vehicle " 371 Truth in Lending Act " 862 Black Lung (923) " 850 Securities/Commodities/" 190 Other Contract Product Liability " 380 Other Personal " 720 Labor/Management " 863 DIWC/DIWW (405(g)) Exchange" 195 Contract Product Liability " 360 Other Personal Property Damage Relations " 864 SSID Title XVI " 890 Other Statutory Actions" 196 Franchise Injury " 385 Property Damage " 740 Railway Labor Act " 865 RSI (405(g)) " 891 Agricultural Acts

" 362 Personal Injury - Product Liability " 751 Family and Medical " 893 Environmental MattersMedical Malpractice Leave Act " 895 Freedom of Information

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS " 790 Other Labor Litigation FEDERAL TAX SUITS Act

" 210 Land Condemnation " 440 Other Civil Rights Habeas Corpus: " 791 Employee Retirement " 870 Taxes (U.S. Plaintiff " 896 Arbitration" 220 Foreclosure " 441 Voting " 463 Alien Detainee Income Security Act or Defendant) " 899 Administrative Procedure" 230 Rent Lease & Ejectment " 442 Employment " 510 Motions to Vacate " 871 IRS—Third Party Act/Review or Appeal of" 240 Torts to Land " 443 Housing/ Sentence 26 USC 7609 Agency Decision" 245 Tort Product Liability Accommodations " 530 General " 950 Constitutionality of" 290 All Other Real Property " 445 Amer. w/Disabilities - " 535 Death Penalty IMMIGRATION State Statutes

Employment Other: " 462 Naturalization Application" 446 Amer. w/Disabilities - " 540 Mandamus & Other " 465 Other Immigration

Other " 550 Civil Rights Actions" 448 Education " 555 Prison Condition

" 560 Civil Detainee -Conditions ofConfinement

V. ORIGIN (Place an “X” in One Box Only)

" 1 OriginalProceeding

" 2 Removed fromState Court

" 3 Remanded fromAppellate Court

" 4 Reinstated orReopened

" 5 Transferred fromAnother District(specify)

" 6 MultidistrictLitigation -Transfer

" 8 MultidistrictLitigation -Direct File

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED INCOMPLAINT:

" CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint:

JURY DEMAND: " Yes " No

VIII. RELATED CASE(S)IF ANY (See instructions):

JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Robert Sharp

Brian C. Winfrey, Morgan & Morgan

810 Broadway, Suite 105, Nashville, TN 37203

(615) 601-1276

Technicolor USA, Inc. and ProLogistics, LLC

Craig A. Cowart and Pamela R. Irons, Jackson Lewis P.C.

999 S. Shady Grove Rd., Suite 110, Memphis, TN 38120

901-462-2600/ ProLogistics's attorneys are unknown

15 U.S.C. § 1681 et seq.

Plaintiff asserts violations of the Fair Credit Reporting Act.

04/18/2018 s/ Pamela R. Irons


ClassAction.orgThis complaint is part of ClassAction.org's searchable class action lawsuit database and can be found in this post: Technicolor USA, Manpower US Hit with Class Action Over ‘Unauthorized’ Background Reports

https://www.classaction.org/news/technicolor-usa-manpower-us-hit-with-class-action-over-unauthorized-background-reports

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