CIVIL ACTION NO. LAMARR ANDRE MCDOW,

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA

CIVIL ACTION NO. 7:21-cv-00017

LAMARR ANDRE MCDOW,

Plaintiff,

v.

FONTELLA MARIE HOLMES,

Defendant.

NOTICE OF REMOVAL

Defendant Fontella Marie Holmes (“Defendant”), by and through undersigned counsel,

hereby removes the civil action captioned Lamarr Andre McDow v. Fontella Marie Holmes,

filed in the General Court of Justice, Superior Court Division, Brunswick County, North

Carolina, Case No. 20-CVS-1571 (the “State Court Action”), which was filed on September 29,

2020, to the United States District Court for the Eastern District of North Carolina. This Notice

of Removal is filed pursuant to 28 U.S.C. §§ 1332, 1441, 1446, and other applicable law.

Defendant appears for the purpose of removal only and reserves all rights and defenses,

including, without limitation, defenses based on personal jurisdiction, venue, insufficient process

and insufficient service of process.

In support of this Notice of Removal, Defendant respectfully shows the Court the

following:

1. On September 29, 2020, Plaintiff Lamarr Andre McDow (“Plaintiff”) filed a

Complaint (Jury Trial Requested) (the “Complaint”) in the State Court Action against Defendant.

True and correct copies of the Complaint and all other papers filed in the State Court Action

of which Defendant is aware and has obtained copied from the Brunswick County Clerk of

Superior Court (but not yet properly served on Defendant) are attached hereto as Exhibit A.

Case 7:21-cv-00017-D Document 1 Filed 02/04/21 of 6

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2. Defendant has yet to be properly served with the Complaint or accompanying

civil summons, despite Plaintiff’s filed Affidavit of Service alleging service.

3. This Notice of Removal is timely filed under the requirements of 28 U.S.C. §

1446 and other applicable law.

SUBJECT MATTER JURISDICTION

4. As more fully set forth below, this case is properly removed to this Court pursuant

to 28 U.S.C. §§ 1441 and 1446 because this Court has original jurisdiction over this action

pursuant to 28 U.S.C. § 1332(a), in that the matter is between citizens of different states, and the

amount in controversy as set forth in the Complaint exceeds the sum or value of $75,000.00,

exclusive of interest and costs.

DIVERSITY OF CITIZENSHIP

5. In determining whether complete diversity exists, the Court considers the

citizenship of all properly joined parties. 28 U.S.C. § 1441(b). In this case, there is complete

diversity between Plaintiff and Defendants.

6. As alleged in the Complaint, Plaintiff is an individual citizen of North Carolina

who resides in Brunswick County, North Carolina. Compl. ¶ 1.

7. Plaintiff is, therefore, a citizen of North Carolina for purposes of diversity

jurisdiction.

8. Defendant is an individual citizen of the State of Washington who resides in King

County, Washington.

9. For purposes of diversity of citizenship under 28 U.S.C. § 1332, Defendant is,

therefore, a citizen of the State of Washington.

10. Defendant is not a citizen of North Carolina.


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11. Thus, there is complete diversity of citizenship among the parties for purposes of

federal jurisdiction under 28 U.S.C. § 1332(a).

AMOUNT IN CONTROVERSY

12. The amount in controversy requirement is satisfied “where the matter in

controversy exceeds the sum or value of $75,000, exclusive of interest and costs.” 28 U.S.C.

§ 1332.

13. In his Complaint, Plaintiff asserts claims against Defendant for breach of fiduciary

duty, conversion, and breach of bailment. Plaintiff alleges that Defendant, while purportedly

acting as Plaintiff’s agent, sold or otherwise transferred certain real and personal property that

Plaintiff alleges belonged to him. See generally Compl.

14. Plaintiff’s Complaint contains a list of property, real and personal, that Plaintiff

contends Defendant allegedly sold or otherwise caused to be transferred, along with estimates of

the value of each listed piece of property. Compl. ¶ 9.

15. Plaintiff contends that the total estimated value of the property at issue is at least

$1,453,200.00. Compl. ¶ 9.

16. For each of his three Counts, Plaintiff seeks “damages … in a sum in excess of

Twenty-Five Thousand Dollars ($25,000.00).” Compl. ¶¶ 26, 31, 36.

17. Further, Plaintiff’s Complaint seeks “punitive damages from the Defendant in

excess of $25,000.00.” Compl., Prayer for Relief, ¶ 2.

18. Given Plaintiff’s property valuation of $1,453,200.00 and his damages requests, it

is apparent from the face of the Complaint that the amount in controversy is in excess of

$75,000, and this Notice of Removal is, therefore, proper.


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19. Because the amount in controversy exceeds the sum of $75,000, exclusive of

interest and costs, the matter therefore meets the jurisdictional requirement for diversity

jurisdiction before this Court.

REMOVAL

20. Removal of the State Court Action to this Court is authorized by 28 U.S.C. §§

1332, 1441, and 1446 on the basis of diversity jurisdiction.

21. The underlying action is a civil action that may be removed to this Court pursuant

to the provisions of 28 U.S.C. §§ 1332, 1441(b), and 1446(c), as complete diversity of

citizenship exists between all parties; Defendant, the sole defendant, is not a citizen of the forum

state of North Carolina; and the matter in controversy exceeds the sum of $75,000, exclusive of

interest and costs.

22. Pursuant to 28 U.S.C. § 1441(a), because the Complaint was filed in the Superior

Court for Brunswick County, North Carolina, this Court is the District Court for the United

States for the district and division embracing the place where the State Court Action is pending

and is thus the appropriate court for removal.

23. The time period for filing this Notice of Removal has not elapsed as the date of

this filing, as this Notice is filed with this Court before the civil summons and Complaint have

been properly served on Defendant. The filing is within the time permitted by applicable law.

See, e.g., Murphy Bros. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 348 (1999)

24. A copy of this Notice of Removal will be filed with the Brunswick County Clerk

of Superior Court and served upon Plaintiff, as required by 28 U.S.C. § 1446, via a Notice of

Filing of Notice of Removal, substantively in the form attached hereto as Exhibit B.

25. Consistent with Local Rule 5.3 a Civil Cover Sheet is attached hereto as Exhibit


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C, and a Supplemental Removal Cover Sheet is attached hereto as Exhibit D.

26. By filing this Notice of Removal, Defendant does not waive and hereby expressly

reserves the right to assert any defense or motion available in this action after it is removed to

this Court.

WHEREFORE, Defendant files this Notice of Removal and prays that this entire action

be removed from the North Carolina General Court of Justice, Superior Court Division,

Brunswick County, to the United States District Court for the Eastern District of North

Carolina, as provided by law

This the 4th day of February, 2021.

K&L GATES LLP

/s/ A Lee Hogewood III_______________ A. Lee Hogewood IIINorth Carolina State Bar No. 17451Matthew T. HoustonNorth Carolina State Bar No. 46130Zachary S. BuckheitNorth Carolina State Bar No. 55123K&L Gates LLP4350 Lassiter at North Hills Ave., Suite 300Post Office Box 17047 (27619-7047)Raleigh, North Carolina 27609Telephone: (919) 743-7322Facsimile: (919) 516-2122E-mail: [email protected]

[email protected] [email protected]

Counsel for Defendant


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CERTIFICATE OF SERVICE

I hereby certify that the foregoing NOTICE OF REMOVAL was filed electronically in

accordance with the local rules and was therefore served electronically on those entities that have

properly registered for such electronic service and was further served by depositing a copy in a

depository of the United States Postal Service, first-class, postage prepaid, addressed as shown

below:

Ira Baswell IV Braswell Law, PLLC P.O. Box 703 Louisburg, NC 27549 Attorney for Plaintiff This the 4th day of February, 2021.

K&L GATES LLP

/s/ A Lee Hogewood III_______________ A. Lee Hogewood III

North Carolina State Bar No. 17451 Matthew T. Houston

North Carolina State Bar No. 46130 Zachary S. Buckheit North Carolina State Bar No. 55123

K&L Gates LLP 4350 Lassiter at North Hills Ave., Suite 300 Post Office Box 17047 (27619-7047) Raleigh, North Carolina 27609 Telephone: (919) 743-7322 Facsimile: (919) 516-2122 E-mail: [email protected] [email protected] [email protected]



UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA

CIVIL ACTION NO. 7:21-CV-00017

LAMARR ANDRE MCDOW, Plaintiff, v. FONTELLA MARIE HOLMES, Defendant.

INDEX OF EXHIBITS TO DEFENDANT FONTELLA MARIE HOLMES’ NOTICE

OF REMOVAL

Exhibit A-1: Civil Action Cover Sheet

Exhibit A-2: Civil Summons

Exhibit A-3: Plaintiff’s Complaint with Jury Demand

Exhibit A-4: Alleged Return of Service of Summons

Exhibit A-5: Notice of Lis Pendens

Exhibit A-6: Affidavit of Service

Exhibit B: Notice of Filing of Notice of Removal

Exhibit C: Civil Cover Sheet

Exhibit D: Supplemental Removal Cover Sheet

Case 7:21-cv-00017-D Document 1-1 Filed 02/04/21 Page 1 of 1


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Alpha White Exhibit

1

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

COUNTY OF BRUNSWICK 20-CVS-1571

LAMARR ANDRE MCDOW,

Plaintiff,

v.

FONTELLA MARIE HOLMES,

Defendant.

) ) ) ) ) ) ) ) )

NOTICE OF FILING OF NOTICE OF REMOVAL

PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. §§ 1332, 1441, and 1446,

Defendant Fontella Marie Holmes has removed the above-referenced case to the United States

District Court for the Eastern District of North Carolina, Case No. 7:21-cv-00017, and hereby

files a copy of the Notice of Removal (with attachments), which is attached as Exhibit A.

Removal of this case is effected upon the filing of this notice, and the parties shall proceed no

further in the state court unless and until the claim or cause of action is remanded.

This Notice shall not constitute a motion or responsive pleading under N.C. R. Civ. P.

12(h), and Defendants expressly reserve all defenses available to them under N.C. R. Civ. P. 12.


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Alpha White Exhibit

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This the 4th day of February, 2021. K&L GATES LLP

______________________________ A. Lee Hogewood IIINorth Carolina State Bar No. 17451Matthew T. HoustonNorth Carolina State Bar No. 46130Zachary S. BuckheitNorth Carolina State Bar No. 55123K&L Gates LLP4350 Lassiter at North Hills Ave., Suite 300Post Office Box 17047 (27619-7047)Raleigh, North Carolina 27609Telephone: (919) 743-7322Facsimile: (919) 516-2122E-mail: [email protected]




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CERTIFICATE OF SERVICE

I hereby certify that a true and accurate copy of the foregoing Notice of Filing of Notice

of Removal was served upon the parties in this action by depositing said copy in a depository of

the United States Postal Service, first-class, postage prepaid, addressed as shown below:

Ira Baswell IV Braswell Law, PLLC P.O. Box 703 Louisburg, NC 27549 Attorney for Plaintiff

This the 4th day of February, 2021. K&L GATES LLP

______________________________ A. Lee Hogewood IIINorth Carolina State Bar No. 17451Matthew T. HoustonNorth Carolina State Bar No. 46130Zachary S. BuckheitNorth Carolina State Bar No. 55123K&L Gates LLP4350 Lassiter at North Hills Ave., Suite 300Post Office Box 17047 (27619-7047)Raleigh, North Carolina 27609Telephone: (919) 743-7322Facsimile: (919) 516-2122E-mail: [email protected]




JS 44 (Rev. 10/20) 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 as provided 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 the purpose 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 OF THE 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 Plaintiffand One Box for Defendant) (For Diversity Cases Only)

1 U.S. Government 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4

of 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 Act120 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 Reapportionment150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust

& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce152 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 880 Defend Trade Secrets 480 Consumer Creditof Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)

160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/

362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) ExchangeMedical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION Act/Review or Appeal of

Employment Other: 462 Naturalization Application Agency Decision446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of

Other 550 Civil Rights Actions State Statutes448 Education 555 Prison Condition

560 Civil Detainee -Conditions of Confinement

V. ORIGIN (Place an “X” in One Box Only)1 Original

Proceeding 2 Removed from

State Court3 Remanded from

Appellate Court 4 Reinstated or

Reopened5 Transferred from

Another District(specify)

6 MultidistrictLitigation - Transfer

8 MultidistrictLitigation -Direct File

VI. CAUSE OF ACTIONCite 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

26 USC 7609

King County, WA

LAMARR ANDRE MCDOW

Ira Braswell IV, Braswell Law, PLLC, PO Box 703Louisburg, NC 27549; Tel. 252-458-2203

FONTELLA MARIE HOLMES

Lee Hogewood, Matthew Houston, Zachary S. Buckheit, K&L Gates LLP, PO Box 17047, Raleigh, NC 27619; Tel. 919-743-7322

28 U.S.C. §§ 1332, 1441, and 1446

Alleged Breach of Fiduciary Duty, Conversion, and Breach of Bailment

Excess of $25,000.00

Feb 4, 2021 /s/ A. Lee Hogewood III

EXHIBIT

C


JS 44 Reverse (Rev. 10/20)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided 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 the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers ormultidistrict litigation transfers. Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.


Plaintiff(s),

v.

Defendant(s).

))))))))))))

SUPPLEMENTAL REMOVAL COVER SHEET

The removing party must complete this Supplemental Removal Cover Sheet and comply with Local Civil Rule 5.3. Attach separate sheets as necessary to provide complete responses.

Section A—Plaintiffs

List the full name of each plaintiff from the state court action and indicate whether the plaintiff is pending (i.e., in case currently), dismissed, or otherwise terminated at the time of removal. If dismissed or terminated, indicate the date of dismissal/termination

Full Name of PlaintiffPending at timeof removal –Yes/No?

Dismissed or terminated?Yes/No?

Date of Dismissal or Termination

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISIONNo. 7:21-CV-00017

LAMARR ANDRE MCDOW

FONTELLA MARIE HOLMES

LAMARR ANDRE MCDOW Yes No


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Alpha White Exhibit

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Section B—Defendants

List the full name of each defendant from the state court action and indicate whether the defendant is pending, dismissed or otherwise terminated at the time of removal. If dismissed or terminated, indicate the date of dismissal/termination. If known, indicate if and when each defendant was served with process and whether the defendant joins in the removal.

Full Name of Defendant

Pending at time of removal? Yes/No?

Dismissed or terminated?Yes/No?(If yes, state date of termination)

Has defendant been served with process?Yes/No/Unknown?

If served with process, date of service?

Does the defendant join in removal?Yes/No?

Section C—Removal pursuant to 28 U.S.C. § 1442(d)(1)

Is only part of the state court action being removed pursuant to 28 U.S.C. § 1442(d)(1)? Yes _______ No _______

If “Yes,” specify what portion of the state court action is being removed, and then proceed to the signature page. If “No,” proceed to Section D.

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

FONTELLA MARIE HOLMES Yes No No Yes


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Section D—Pending State Court Motions as of Date of Removal

Is there currently a temporary restraining order or preliminary injunction in place in this action from state court? Yes ______ No________

List every known motion pending at the time of removal. Indicate the name of the filer, the date of filing, whether the motion has a supporting memorandum, and whether the motion is time sensitive, such as a motion for preliminary injunction.

Title of Pending Motion Name of FilerDate of Filing

Memorandum--Yes/No?

Time sensitive?Yes/No?

Section E—Scheduled State Court Hearings as of Date of Removal

Date and Time of Hearing Hearing TypeAssigned State Court Judge


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Date: __________________ ________________________________________Signature of Attorney for Removing Party or Unrepresented Removing Party

Printed Name______________________________

Law Firm _________________________________

Address___________________________________

__________________________________________

Telephone Number __________________________

Fax Number _______________________________

Email Address: _____________________________

State Bar No. ______________________________

A. Lee Hogewood III

K&L Gates LLP

PO Box 17047

Raleigh, NC 27619-7047

919-743-7306

919-516-2122

[email protected]

17451


CIVIL ACTION NO. LAMARR ANDRE MCDOW,

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