UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

ROCHELLE DANIEL, 

 Plaintiff, 

v. 

WEST ASSET MANAGEMENT, 

 Defendant. 

CIVIL ACTION NO. 14-13573

NOTICE OF REMOVAL

NOW INTO COURT, through undersigned counsel, comes Defendant, West Asset 

Management, Inc. (“West”), and, pursuant to 28 U.S.C. §§ 1332 and 1441, et seq., hereby 

removes from the Third Judicial Circuit Court, County of Wayne, State of Michigan, the 

following described and captioned lawsuit and respectfully shows: 

 1. West is the only defendant named in an action that was commenced on 

June 26, 2014, by Complaint filed in the Third Judicial Circuit Court, County of Wayne, 

State of Michigan, in the matter styled “Rochelle Daniel v. West Asset Management” 

Docket No. 14-008328-CZ (the “State Court Action”). 

2. Pursuant to 28 U.S.C. §§ 1441 and 1446, West removes the State Court 

Action to this Court, which is the judicial district in which the State Court Action is 

pending. 

3. Removal of the State Court Action is proper under 28 U.S.C. §§ 1441, et 

seq. If the action had originally been brought in this Court, this Court would have had 

original, diversity jurisdiction over plaintiff’s claims pursuant to the provisions of 28 

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U.S.C. § 1332(a), in that the amount in controversy exceeds the sum of $75,000, 

exclusive of interest and court costs, and the action is between citizens of different states, 

as established herein. 

4. A copy of all process, pleadings in the State Court Action is being filed 

with this Notice and is attached hereto as Exhibit A. 

The Amount In Controversy Exceeds $75,000.

 5. The State Court Action is removable to this Honorable Court pursuant to 28 

U.S.C. §§ 1332, 1441(a) and 1441(b). As alleged in the Complaint, Plaintiff asserts that 

West illegally accessed Plaintiff’s credit report (Complaint, ¶ 11).

6. Plaintiff claims that West’s alleged intentional accessing of her credit report 

caused her shame and embarrassment and that she felt infuriated, emotionally upset, 

stressed, and defeated (Complaint, ¶¶ 12, 14, 16, 17). 

7. Plaintiff also alleges West invaded plaintiff’s privacy, and she is seeking 

$175,000 in compensatory damages and $1,000,000 for exemplary and/or punitive 

damages (Complaint, ¶ 27). 

8. Plaintiff’s alleged damages, if true, place the amount in controversy at a 

sum at or exceeding $75,000. 

9. Based upon the cause of action and alleged damages asserted in the 

Complaint, the total amount in controversy in this matter exceeds $75,000, inclusive of 

attorney’s fees, but exclusive of interest and court costs. Moreover, Plaintiff’s Complaint 

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is devoid of any statement that her damages are less than the minimum jurisdictional 

amount. 

10. Accordingly, the amount in controversy in this action exceeds the 

jurisdictional amount established by law for federal diversity jurisdiction under 28 U.S.C. 

§ 1332. 

The Action Is Between Citizens of Different States. 

11. Plaintiff, Rochelle Daniel, is a Michigan resident domiciled in the City of 

Detroit, County of Wayne. 

12. Defendant West, is a Delaware corporation, having its principal place of 

business in Atlanta, Georgia, and it is deemed to be a citizen of Delaware, pursuant to 28 

U.S.C. § 1332(c)(1). 

13. West was served with a copy of this Complaint on August 25, 2014. 

14. This Notice of Removal is filed within 30 days of the service of the 

Complaint and is therefore timely filed pursuant to 28 U.S.C. § 1446(b)(3). 

WHEREFORE, based upon this Court’s diversity jurisdiction, Defendant, West 

Asset Management, Inc., respectfully requests that this case proceed in this Court, as an 

action properly removed from the Third Judicial Circuit Court, County of Wayne, State 

of Michigan. 

Respectfully submitted, 

/s/ Justin H. Homes 

Justin H. Homes, Esq. 

SESSIONS, FISHMAN, NATHAN & ISRAEL, L.L.C. 

3850 N. Causeway Blvd., Suite 200 

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Metairie, LA 70002-7227 

Telephone: (504) 828-3700 

Fax: (504) 828-3737 

Email: jhomes@sessions-law.biz. 

Deborah A. Lujan, Esq. 

Collins, Einhorn, Farrell & Ulanoff, P.C. 

4000 Town Center, Suite 909 

Southfield, MI 48075-1473 

Telephone: (248) 351-5417 

Facsimile: (248) 355-2277 

Attorneys for Defendant, 

West Asset Management, Inc. 

CERTIFICATE OF SERVICE 

I certify that on September 15, 2014, a copy of the foregoing was filed 

electronically in the ECF system, and served on plaintiff by placing a copy of the same in 

the U.S. first class mail, postage prepaid, and addressed, as follows: 

Rochelle Danielle 

19750 Braile 

Detroit, Michigan 48219

/s/ Justin H. Homes 

Justin H. Homes, Esq. 

\\sfnfs02\prolawdocs\7989\7989-34791\Daniel, Rochelle (Pro Se)\1547856.doc 

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