IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

BRITTANY STONE, 

Plaintiff, 

v. 

FOOD CONCEPTS INTERNATIONAL, 

LP, ABUELO’S INTERNATIONAL LP, 

CHINESE KITCHEN, LLC, 

Defendants. 

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Case No.: 2:17-cv-826 

JUDGE: 

MAGISTRATE: 

NOTICE OF REMOVAL

PLEASE TAKE NOTICE that Defendants Food Concepts International, LP, Abuelo’s 

International LP, Chinese Kitchen, LLC (collectively “Defendants”) hereby remove this action to 

the United States District Court for the Southern District of Ohio, Eastern Division, from the 

Franklin County Court of Common Pleas. In support of this Notice and pursuant to 28 U.S.C. § 

1446, Defendants state the following: 

1. On or about September 12, 2017, an action was commenced in the Franklin County Court 

of Common Pleas, titled Brittany Stone v. Food Concepts International LP, et al. and assigned 

Case No. 17-CV-008225. Plaintiff requested that Defendants waive service pursuant to Civ.R. 

4(D) and sent Defendants a copy of the complaint on September 12, 2017. 

2. Defendants are filling herewith a full copy of the Court file, which includes the 

Complaint and discovery requests, attached hereto as Exhibit A1. 

 

1

 Please note that as an attachment to Plaintiff’s complaint in the Franklin County Court of Common Pleas, Plaintiff 

attached a “Consent to Join Action” indicating her desire to join the civil action already pending in the United States 

District Court for the Southern District of Ohio. Presumably this action is the action known as Stephenson v. Food 

Concepts International LP, et al., Case No. 2:16-cv-01029. Because Plaintiff’s “Consent to Join Action” was not 

filed in the appropriate case, it has no legal effect. If Plaintiff intended to merely join the already pending federal 

action, her filing with the state court was frivolous and only intended to cause Defendants to expend legal fees to 

remove this action to federal court. 

Case: 2:17-cv-00826-ALM-EPD Doc #: 1 Filed: 09/18/17 Page: 1 of 4 PAGEID #: 1
3. Defendants have not been served with any other papers, pleadings, or orders in this 

matter except as set forth herein. 

4. Defendants have not filed an answer or otherwise responded to the Complaint. This 

Notice of Removal is filed within thirty (30) days of Defendants’ receipt of Plaintiff’s Complaint 

setting forth her claims for relief, and is timely filed under 28 U.S.C. § 1446(b). 

5. Plaintiff brought federal law claims for violation of the Fair Labor Standards Act, 29 

U.S.C. §§ 203, 206, and 216. Plaintiff also brought state law claims for the alleged non-payment 

of wages, violations of R.C. 4113.15, non-payment of overtime wages, under-payment of wages, 

for re-payment of wages wrongfully withheld pursuant to an illegal tip pool sharing arrangement, 

and violation of the Ohio Constitution Art. II § 34a (record-keeping violation). (See generally

Complaint.) Plaintiff requests that she be awarded an amount in excess of $25,000, plus the 

payment of back wages, injunctive relief, liquidated and treble damages, pre- and post-judgment 

interest, reasonable attorneys’ fees, and costs, and punitive damages. 

6. This Court has original subject-matter jurisdiction over this action pursuant to 28 U.S.C. 

§ 1331, the federal-question statute, because Plaintiff seeks monetary recovery for violations of 

the federal Fair Labor Standards Act. 

7. In addition, this Court has original subject matter jurisdiction over this action pursuant to 

28 U.S.C. § 1332 because complete diversity of citizenship exists between Plaintiff and 

Defendants, provided Plaintiff has stated a claim and further that Plaintiff has not caused any 

procedural defects to have been made. 

8. Upon information and belief, Plaintiff is a resident of New Albany, Ohio. (Complaint at ¶ 

6.) 

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9. Defendant Food Concepts International, LP, Abuelo’s International, LP, and Chinese 

Kitchen, LLC are corporations organized and incorporated under the laws of the State of Texas 

with their citizenship and principal place of business in Texas. (Complaint at ¶¶ 15-17.) Thus, 

complete diversity of citizenship exists between all parties in this action. 

10. Plaintiff demands compensatory damages in an amount in excess of Twenty-Five 

Thousand Dollars, plus additional back wages, attorneys’ fees, costs, and expenses. (Compl. at 

Wherefore Paragraph.) Based on the foregoing and a careful review of the Complaint, 

Defendants have a reasonable and good faith belief that Plaintiff’s claimed damages and 

therefore the amount in controversy, more likely than not exceeds Seventy-Five Thousand 

Dollars ($75,000.00), exclusive of interest and costs. 

11. Venue of this removal action is proper under 28 U.S.C. § 1441(a) because this Court is 

the United States District Court for the district and division corresponding to the place where the 

state court action was pending. 

12. This action is not an action described in 28 U.S.C. § 1445. 

13. Written notice of the filing of this Notice of Removal has been served upon Plaintiff. 

14. A true and accurate copy of this Notice of Removal has been filed with the Clerk of 

Franklin County Court of Common Pleas. 

WHEREFORE, Defendants hereby give notice that the above action initiated in the 

Franklin County Court of Common Pleas is hereby removed to the United States District Court 

for the Southern District of Ohio for the reasons set forth above. 

Case: 2:17-cv-00826-ALM-EPD Doc #: 1 Filed: 09/18/17 Page: 3 of 4 PAGEID #: 3
Respectfully submitted, 

/s/ Faith C. Whittaker 

Faith C. Whittaker (0082486) 

Susan H. Jackson (0090924) 

DINSMORE & SHOHL LLP 

255 East Fifth Street, Suite 1900 

Cincinnati, Ohio 45202 

Phone: (513) 977-8200 

Fax: (513) 977-8141 

Email: faith.whittaker@dinsmore.com 

-andJanay M. Stevens (0090515) 

DINSMORE &SHOHL LLP 

191 W. Nationwide Blvd, Suite 300 

Columbus, Ohio 43215 

Phone: (614) 628-6945 

Fax: (614) 628-6890 

Email: janay.stevens@dinsmore.com 

Attorneys for Defendants 

CERTIFICATE OF SERVICE 

I hereby certify that on this 18th day of September, 2017, I electronically filed the 

foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of 

such filing to the following: Wesley T. Fortune, Fortune Law Ltd, 4417 Carroll Southern Road, 

Carroll, Ohio 43112, wfortune@wtflegal.com. 

/s/ Faith C. Whittaker 

Faith C. Whittaker (0082486) 

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