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Catherine NI. Lee (State BarNo. 197197)

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5 Attorneys for Defendant JPMorgan Chase Bank, N.A.

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8 UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA

10 OAKLAND DIVISION

III

12 KENNETH N. EMEZIEM. CASE No.

13 Plaintiff NOTICE OF REMOVAL OF CIVIL

ACTION PURSUANT TO 28 U.S.C. § 11 vs. 1331 & 1441(b) IFEDERAL QUESTION

15 J P MORGAN CHASE BANK. NA.. the (Alameda COUNtY Superior Court.

Successor in Inleresl lo WASHINGTON Case No. RO 16829343)

16 MUTUAL BANK; DOES Ito 100,

17 Defendants.

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I 0260Th. I Case No.

NOTICE OF REMOVAL OF CIVIL ACTION PURSUANT T028 U.S.C. § 1331 & 1441(b) [FEDERAL

QUESTI ON]

Case 3:17-cv-00355-MEJ Document 1 Filed 01/24/17 Page 1 of 5
TO THE JUDGES AND CLERK OF THE UNITED STATES DISTRICT COURT

2 FOR THE NORTHERN DISTRICT OF CALIFORNIA:

3 Pursuant to 28 U.S.C. sections 1331 and 1441(b), defendant JPMorgan Chase Bank, NA.

4 (“JPMC”) hereby gives notice of the removal of this action from the Superior Court of California,

5 County of Alameda, Case Number R016829343 (“State Court Action”), where it is currently

6 pending, to the United States District Court for the Northern District of California, Oakland

7 Division. As grounds for removal, JPMC states as follows:

8 1. PROCEDURAL BACKGROUND

9 I. On August 30, 2016, plaintiff Kenneth N. Emeziem (“Plaintiff’) filed the

10 Complaint in the State Court Action against JPMC alleging causes of action for breach of contract,

II breach of the implied covenant of good faith and fair dealing, slander and libel, negligent and

12 intentional hiring and supervision, negligent and intentional conduct, invasion of privacy based on

13 a violation of the federal Fair Credit Reporting Act and the federal Fair Debt Collections Practices

14 Act, and alleged violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”)

15 and the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code § 1788 et seq. A copy of the

16 Summons and Complaint in the State Court Action that was served on JPMC is attached hereto as

17 Exhibit A.

18 2. A copy of the “Notice of Assignment of Judge for All Purposes” served with the

19 Summons and Complaint is attached hereto as Exhibit B.

20 3. A copy of the “Notice of Case Management Conference and Order” served with the

21 Summons and Complaint is attached hereto as Exhibit C.

22 4. A copy of the Civil Case Cover Sheet filed in the State Court Action is attached

23 hereto as Exhibit D.

24 5. A copy of the Proof of Service of Summons filed in the State Court Action is

25 attached hereto as Exhibit E.

26 6. A copy of the Plaintiffs Case Management Conference Statement filed in the State

27 Court Action is attached hereto as Exhibit F,

28 7. A copy of the Case Management Conference Order filed in the State Court Action

1026016. 1 Case No.

NOTICE OF REMOVAL OF CIVIL ACTION PURSUANT TO 28 U.S.C. § 1331 & 1441(b) [FEDERAL

QUESTION]

Case 3:17-cv-00355-MEJ Document 1 Filed 01/24/17 Page 2 of 5
1 is attached hereto as Exhibit G.

2 8. .JPMC was served with Plaintiffs Summons and Complaint on December 27, 2016.

3 9. This Notice of Removal is being filed within the 30-day time period required by 28

4 U.S.C. § 1446(b). See Exhibit E (showing personal service of Summons and Complaint on JPMC

5 on December 27, 2016).

6 IL GROUND FOR REMOVAL -- FEDERAL QUESTION JURISDICTION

7 10. The present suit is an action over wluch this Court has original jurisdiction pursuant

8 to 28 U.S.C. § 1331 (federal question) and may be removed to this Court by JPMC pursuant to 28

9 U.S.C. § 1441(b), as it is a civil action founded on a claim or right arising under the laws of the

10 United States. Removal is thus proper because one of Plaintiffs claims presents a federal

II question, namely, the sixth cause of action of the Complaint is for violation of the federal Fair

12 Credit Reporting Act, 15 U.S.C. § 1681 Ct seq. (see Complaint, ¶ 59-65). 28 U.S.C. § 1331,

13 1441(b). See also Sun v. Rickenbacker Collection, No. 5:10-CV-01055-EJD, 2013 WL 61038, at

14 •3 (ND, Cal. Jan, 2,2013) (“court has subject matterjurisdiction pursuant to 28 U.S.C. § 1331

15 because Plaintiffs complaint raises a federal question under the Fair Credit Reporting Act

16 Riese v. Chase Home Fin,, LLC, No. C 11-03297 NJV, 2011 WL 4344590, at * I (ND. Cal. Sept.

17 13, 2011) (removal authorized because court has original federal questionjurisdiction over claims

18 based on federal Fair Credit Reporting Act); Hukic v. Aurora Loan Sen’s., 588 F.3d 420, 429 (7th

19 Cir. 2009) (affirming that removal was proper because district court had original jurisdiction over

20 the FCRA claim and supplemental jurisdiction over other state law claims). The remaining claims

21 in the Complaint based on state law may be adjudicated by this Court pursuant to 28 U.S.C. §

22 1367.

23 III. COMPLIANCE WITH PROCEDURAL REQUIREMENTS

24 II. Pursuant to 28 U.S.C. § 1446(b), this Notice is being filed with this Court within 30

25 days after JPMC was served with a copy of Plaintiff’s initial pleading setting forth the claims Ibr

26 relief upon which Plaintiffs action is based.

27 12. Pursuant to 28 U.S.C. § 1441(a), venue of the removal action is proper in this Court

28 because it is in the district and division embracing the place where the State Court Action is

Musicic PEELER 10260761 2 Case No.

& GARRETT J NOTICE OF REMOVAL OF CIVIL ACTION PURSUANT TO 28 U.S.C. § 1331 & 441(b) [FEDERAL AT 1’ QUESTIONJ

Case 3:17-cv-00355-MEJ Document 1 Filed 01/24/17 Page 3 of 5
I pending.

2 13. Promptly after the filing of this Notice of Removal, JPMC shall give written notice

3 of the removal to Plaintiff and will tile a copy of this Notice of Removal with the Clerk of the

4 Superior Court of the State of California, County of Alameda, as required by 28 U.S.C. § 1446(d).

5 14. Other than those attached hereto as Exhibits A through 0, inclusive, no other

6 proceedings, process, pleadings, orders, or other papers have been tiled or served in the State

7 Court Action, trial has not commenced in the State Court Action.

8 15. By filling this Notice of Removal, JPMC, the only defendant in the State Court

9 Action, consents to the removal of this case.

10 a, Washington Mutual Hank is not alleged as a defendant. The Complaint

II alleges that the defendant is “JR Morgan Chase Bank (Chase) the Successor in Interest to

12 Washington Mutual Bank.” See Exhibit A at 1:18-20 and 1:27-2:2. Washington Mutual Bank

13 ceased to exist on September 25, 2008 when it was closed by Office of Thrift Supervision, and its

14 banking operations was purchased that same day by JPMC. Qusenkov v. Washington Mut. Bank,

15 PA, No. C 09-04747 SI, 2010 WL 2612349, at *2 (ND. Cal. June 24, 2010) (“On September 25,

16 2008, the Office of Thrift Supervision (“OTS”), which regulates the operations of federally

17 chartered savings associations, closed Washington Mutual Bank and appointed FDIC as Receiver

1$ for WMB. , . . On September 25, 2008, the same date that the FDIC was appointed as Receiver for

19 WMB, the bulk of WMBs assets were transferred to JPMorgan Chase Bank. .

20 16. This Notice of Removal is being filed without prejudice to the objections and

21 defenses of JPMC.

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MUSCK, PEELER 1026076.1 3 Case No.

& GARRETt UP

NOTICE OF REMOVAL OF CIVIL ACTION PURSUANT TO 28 U.S.C. § 1331 & 1441(b) [FEDERAL

AVIORNI:vs T LAW QUESTION]

Case 3:17-cv-00355-MEJ Document 1 Filed 01/24/17 Page 4 of 5
WHEREFORE, JPMC respectfully prays that the action be removed to this District Court

2 and that this District Court assume full jurisdiction as if it had been originally filed here.

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4 DATED: January 24, 2017 MUSICK, PEELER & GARRETT LU’

)

6 By: Is! Catherine M. Lee

7 Catherine M. Lee

Attorneys for Defendant

8 JPMorgan Chase Bank, NA.

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MUSICK. PEELER 1026076. 4 Case No.

&GARREflLU’

NOTICE OF REMOVAL OF CIVIL ACTION PURSUANT TO 28 U.S.C. § 1331 & 1441(b) [FEDERAL AiTORNI:vs Kr LAW QUESTION]

Case 3:17-cv-00355-MEJ Document 1 Filed 01/24/17 Page 5 of 5