IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

PHYSICIANS HEALTHSOURCE, INC., an 

Ohio corporation, individually and as the 

representative of a class of similarly-situated 

persons,

Plaintiff,

v.

A-S MEDICATION SOLUTIONS, LLC, 

JAMES BARTA, WALTER HOFF, and JOHN 

DOES 1-10,

Defendants.

Case No. 

DEFENDANTS’ NOTICE OF REMOVAL

Pursuant to 28 U.S.C. § 1441 et seq., Defendants A-S Medication Solutions, LLC, James 

Barta, and Walter Hoff (“Defendants”) notice removal of this civil action from the Circuit Court 

of Lake County, Illinois, to the United States District Court for the Northern District of Illinois, 

Eastern Division (the “Notice of Removal”). This Court has original jurisdiction pursuant to 28

U.S.C. § 1331 and 28 U.S.C. § 1332. In further support of their Notice of Removal, Defendants 

state:

I. Physicians Healthcare, Inc. Lawsuit.

1. On May 22, 2012, Physicians Healthcare, Inc. (“Physicians”), filed this civil

action against Defendants in the Circuit Court of Lake County, Illinois, Case No. 12-CH-2539 

(the “State Court Action”).

2. A copy of the State Court Action was served on Defendant, A-S Medication 

Solutions, LLC, on or about June 5, 2012. This Notice of Removal is therefore timely filed

pursuant to 28 U.S.C. § 1446(b).

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3. Pursuant to 28 U.S.C. § 1446(a), attached as group Exhibit A is a true and correct 

copy of “all process, pleadings, and orders” served upon Defendants in the State Court Action.

4. Pursuant to 28 U.S.C. § 1446(d), Defendants will file a copy of this Notice of 

Removal with the Clerk of the Circuit Court of Lake County, Illinois. Defendants will also serve 

Physicians with a copy of this Notice of Removal.

II. Removal Pursuant to 28 U.S.C. § 1331.

5. 28 U.S.C. § 1331 states that the district courts shall have original jurisdiction of 

all civil actions arising under the “Constitution, laws, or treaties of the United States.”

6. Here, this Court has original jurisdiction over this civil action pursuant to 28 

U.S.C. § 1331, because Count I states a cause of action under the Telephone Consumer 

Protection Act, 47 U.S.C. § 227. (Exhibit A, Complaint, p. 4 ¶ 21). 

7. While it is arguable that certain claims asserted by Physicians are not removable 

under 28 U.S.C. § 1331, such causes of action are joined with the aforementioned removable 

count, thus subjecting the entirety of this matter to removal per § 1331. 28 U.S.C. § 1441(c).

III. Removal Pursuant to 28 U.S.C. § 1332(a)(1).

8. 28 U.S.C. § 1332(a)(1) states that the district courts shall have original 

jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of 

$75,000, exclusive of interest and costs, and is between--

(1) citizens of different States . . .

9. For the purposes of § 1441, a corporation shall be deemed a citizen of any State 

by which it has been incorporated. 28 U.S.C. § 1332(c)(1).

10. Here, this Court has original jurisdiction over this civil action pursuant to 28 

U.S.C. § 1332(a)(1), because there is diversity between the parties and the matter in controversy 

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exceeds the sum or value of $75,000 in the aggregate1

, exclusive of interest and costs. (Exhibit 

A, Complaint; see also A-S Medication Solutions LLC’s Rule 7.1 Disclosure Statement, which is 

attached as Exhibit B, as well as the Affidavits of James Barta and Walter Hoff, which are 

attached as Exhibits C and D, respectively).

WHEREFORE, Defendants A-S Medication Solutions, LLC, James Barta, and Walter 

Hoff submit this Notice of Removal, removing this civil action to the United States District 

Court for the Northern District of Illinois, Eastern Division, pursuant to 28 U.S.C. § 1441 et seq.

Dated: June 26, 2012 Respectfully submitted,

A-S Medication Solutions, LLC, James Barta, 

and Walter Hoff

By: /s/ Cory D. Anderson

One of their attorneys

John J. Rock, ARDC #6237980

Cory D. Anderson, ARDC #6274473

Rock Fusco & Connelly, LLC

321 N. Clark Street, Suite 2200

Chicago, Illinois 60654

312.494.1000

312.494.1001 (facsimile)

 1 Plaintiff’s Complaint states that its “individual” claims are worth less than $75,000, however, Plaintiff also asserts 

multiple causes of action and purportedly represents a class of similarly situated persons, thus, in the aggregate, the 

matter in controversy exceeds the sum of $75,000.

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