DYKEMA GOSSETT·A PROFESSIONAL LIMITED LIABILITY COMPANY· CAPITOL VIEW 201 TOWNSEND STREET SUITE 900·LANSING, MICHIGAN 48933

THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

VALENTINA SERRA

Plaintiff,

vs.

MIDLAND CREDIT

MANAGEMENT, INC.,

Defendants.

Case No. __________________

Honorable ______________________

Gary D. Nitzkin (P41155)

Travis L. Shacelford (P68710)

Attorneys for Plaintiff

22142 W. Nine Mile Rd.

Southfield, MI 48033

(248) 353-2882

gary@micreditlawyer.com

Theodore W. Seitz (P60320)

Aaron L. Vorce (P68797)

Dykema Gossett PLLC

Attorneys for Defendant

201 Townsend St., Suite 900

Lansing, MI 48933

(517) 374-9149

tseitz@dykema.com

avorce@dykema.com

NOTICE OF REMOVAL UNDER

28 U.S.C. § 1441(B)(FEDERAL QUESTION)

Defendant Midland Credit Management, Inc. (“Midland”) hereby gives

notice that this action is removed from the 19th Judicial District Court, State of

Michigan to the United States District Court for the Eastern District of Michigan,

pursuant to 28 U.S.C. §§ 1441 and 1446. In support, and for the purpose of

removal only, Midland states as follows:

Case 2:14-cv-14063-GAD-RSW ECF No. 1 filed 10/22/14 PageID.1 Page 1 of 4
2

DYKEMA GOSSETT·A PROFESSIONAL LIMITED LIABILITY COMPANY· CAPITOL VIEW 201 TOWNSEND STREET SUITE 900·LANSING, MICHIGAN 48933

1. On or around August 29, 2014, Plaintiff Valentina Serra commenced

this action against Defendant Midland Credit Management, Inc. (“Midland”) in the

19th Judicial District Court, State of Michigan, Case No. 14-10936GC. Midland

was served via certified mail on September 26, 2014. Plaintiff alleged that

Midland violated the federal Fair Debt Collection Practices Act (“FDCPA”), 15

U.S.C. §§1692 et seq. and the Michigan Occupational Code, M.C.L. 339.901(b)

and the Michigan Collection Practices Act (“MCPA”), M.C.L. § 445.21 and

demands damages in the total amount of less than $25,000. All process, pleadings,

and orders are attached as Exhibit 1.

3. This case is a civil action of which this Court has original federal

question jurisdiction pursuant to 28 U.S.C. § 1331, because Plaintiff’s Complaint

purports to assert claims against Midland arising out of the FDCPA.

4. This Court has supplemental jurisdiction over the remaining claims

pursuant to 28 U.S.C. § 1367, because they are so related to the federal claims set

forth in the Complaint that they form part of the same case or controversy.

5. Midland is within the 30 days to remove, which is allowable under

Section 1441. See 28 U.S.C. § 1446. The 30-day period for removal runs from the

service of the summons on the defendant. Murphy Bros. v. Michetti Pipe Stringing,

Inc., 526 U.S. 344 (1999).

6. The 19th Judicial District Court is located in the Eastern District of

Michigan, Southern Division. See 28 U.S.C. § 1441(a).

Case 2:14-cv-14063-GAD-RSW ECF No. 1 filed 10/22/14 PageID.2 Page 2 of 4
3

DYKEMA GOSSETT·A PROFESSIONAL LIMITED LIABILITY COMPANY· CAPITOL VIEW 201 TOWNSEND STREET SUITE 900·LANSING, MICHIGAN 48933

7. A Notice of Filing Notice of Removal and a copy of this Notice of

Removal are being filed with the 19th Judicial District Court as required by 28

U.S.C. § 1446(d) and copies of the same have been served upon Plaintiffs, which is

evidenced by the attached proof of service.

WHEREFORE, Midland Credit Management, Inc., by counsel, removes the

subject action from the 19th Judicial District Court, State of Michigan to the United

States District Court for the Eastern District of Michigan.

Dated: October 22, 2014

Respectfully submitted,

DYKEMA GOSSETT, PLLC

By:/s/ Theodore W. Seitz

Theodore W. Seitz (P60320)

Aaron L. Vorce (P68797)

Attorneys for Defendant

Capitol View Bldg.

201 Townsend St., Suite 900

Lansing, MI 48933

(517) 374-9149

Case 2:14-cv-14063-GAD-RSW ECF No. 1 filed 10/22/14 PageID.3 Page 3 of 4
4

DYKEMA GOSSETT·A PROFESSIONAL LIMITED LIABILITY COMPANY· CAPITOL VIEW 201 TOWNSEND STREET SUITE 900·LANSING, MICHIGAN 48933

CERTIFICATE OF SERVICE

I hereby certify that on October 22, 2014, I electronically filed the foregoing

document with the Clerk of the Court using the ECF system, and that a copy has

been served via United States First Class Mail, with postage prepaid, upon:

Gary D. Nitzkin

Travis L. Shacelford

Attorneys for Plaintiff

22142 W. Nine Mile Rd.

Southfield, MI 48033

Clerk of the Court

19th Judicial District

16077 Michigan Ave.

Dearborn, MI 48126

/s/ Theodore W. Seitz

Theodore W. Seitz (P60320)

Aaron L. Vorce (P68797)

Attorneys for Defendant

Capitol View Bldg.

201 Townsend St., Suite 900

Lansing, MI 48933

(517) 374-9149

Case 2:14-cv-14063-GAD-RSW ECF No. 1 filed 10/22/14 PageID.4 Page 4 of 4