UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

HENRY KLEYWEG and CLAUDIA

KLEYWEG,

Plaintiffs,

v.

BANK OF AMERICA, N.A., and BAC HOME

LOANS SERVICING, LP.,

Defendants.

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Case No. 2:14-cv-00138-JD-PRC

Removed from Porter Superior Court for

the State of Indiana,

Cause No. 64D01-1403-PL-2699

NOTICE OF REMOVAL

Pursuant to 28 U.S.C. §§ 1331, 1441, and 1446, Defendant, Bank of America, National

Association, BAC Home Loans Servicing, LP1(“BANA”), by counsel, hereby removes this

action from the Superior Court of Porter County, Indiana to this Court. BANA’s removal is

based on federal question jurisdiction under 28 U.S.C. § 1331. In support of its removal, BANA

states:

1. On March 28, 2014, Plaintiffs, Henry Kleyweg and Claudia Kleyweg

(collectively, “Plaintiffs”), filed this action against BANA in the Porter Superior Court for the

State of Indiana under Cause No. 64D01-1403-PL-2699 (the “Lawsuit”).

2. Plaintiffs’ Complaint alleges BANA violated the Fair Credit Reporting Act,

15 U.S.C. § 1681, et seq. (Complaint, ¶¶ 58-111).

3. On April 3, 2014, BANA was served with a copy of the Summons and Plaintiffs’

Complaint through its registered agent, CT Corporation System. A copy of Plaintiffs’ Complaint

1 BAC Home Loans Servicing, LP merged with and into Bank of America, N.A. on July 1, 2011. As such, Bank of

America, N.A. responds on behalf of itself and BAC Home Loans Servicing, LP.

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is attached to this Notice as Exhibit 1. BANA is not aware of any other papers that have been

filed in the Lawsuit.

4. This Notice of Removal is being timely filed with this Court within thirty days of

BANA’s receipt of the Complaint and Summons. 28 U.S.C. § 1446(b).

5. This is a civil action over which the Court has original jurisdiction pursuant to

28 U.S.C. § 1331, and that may be removed pursuant to 28 U.S.C. § 1441 and Beneficial Nat.

Bank v. Anderson, 539 U.S. 1, 6 (2003), in that the Complaint raises a federal question.

Additionally, under 28 U.S.C. §§ 1441(c) and 1367(a), the entire action is removable despite

non-removable state-law claims because this Court may exercise supplemental jurisdiction over

such state-law claims, which form part of the same case or controversy as the federal claim. See

United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 725 (1966) (holding once a district court

has valid jurisdiction over a federal claim, it can exercise supplemental jurisdiction over

additional state claims if they arise out of “a common nucleus of operative fact” such that

plaintiff would ordinarily be expected to try the claims in one judicial proceeding.). All of

Plaintiffs’ claims arise from the same “common nucleus of operative fact”—BANA’s servicing

of Plaintiffs’ account—thus, this Court should exercise supplemental jurisdiction over the state

law claims. Id.

6. This action is properly removable under 28 U.S.C. § 1441(a)–(c) and none of the

impediments to removal under 28 U.S.C. § 1445 are present here.

7. Further, removal to this judicial district and division is proper under 28 U.S.C.

§ 1441(a), as this district and division embrace Porter County, Indiana, where the Lawsuit is

pending.

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8. Pursuant to 28 U.S.C. § 1446(d), BANA is filing a copy of this Notice of

Removal with the Clerk of the Porter Superior Court and serving it on Plaintiff. An unexecuted

copy of the Notice being delivered to the Porter Superior Court is attached to this Notice of

Removal as Exhibit 2, without exhibits.

WHEREFORE, BANA files this Notice of Removal so that the entire state court action

under Cause No. 64D01-1403-PL-2699 now pending in Porter County Superior Court No. 1,

Porter County, Indiana is removed to this Court for all further proceedings.

Respectfully submitted,

FROST BROWN TODD LLC

By: /s/ Michael A. Rogers

Lucy R. Dollens, #23547-49

Michael A. Rogers, #28038-29

Attorneys for Defendant,

Bank of America, N.A.

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CERTIFICATE OF SERVICE

I hereby certify that on this 23rd day of April, 2014, a copy of the foregoing was filed

electronically. Notice of this filing will be sent to the following parties by operation of the

Court’s electronic filing system. Parties may access this filing through the Court’s system.

and

by 1st Class U.S. Mail, postage prepaid, on the following:

Blake N. Dahl

Fred W. Grady & Associates, PC

750 South Washington Street

Suite 1

Valparaiso, IN 46383

/s/ Michael A. Rogers

FROST BROWN TODD LLC

201 North Illinois Street, Suite 1900

P.O. Box 44961

Indianapolis, IN 46244-0961

Phone: 317-237-3800

Fax: 317-237-3900

ldollens@fbtlaw.com

mrogers@fbtlaw.com

INDLibrary2 BT07586.0616308 1294167v1

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