UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

DATA RESEARCH AND HANDLING, INC. d/b/a 

WORKFORCE RELO,

Plaintiff,

v.

UPSTATE ALLIANCE OF REALTORS, INC., 

UPSTATE ALLIANCE OF REALTORS 

MULTIPLE LISTING SERVICE, INC.,

PONE VONGPHACHANH,

INDIANA ASSOCIATION OF REALTORS, INC.,

and

NATIONAL ASSOCIATION OF REALTORS,

INC.,

Defendants.

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Case No. 1:15-cv-336

NOTICE OF REMOVAL OF ACTION TO FEDERAL COURT 

The National Association of Realtors, Inc. (“NAR”), named as a defendant in the 

Plaintiff’s Amended Complaint for Damages filed on October 1, 2015 in the Superior Court of 

Allen County, Indiana under Cause No. 02D09-1403-CT-147, by counsel, hereby gives notice

pursuant to 28 U.S.C. § 1446 of the removal of the above-entitled civil action from the Superior 

Court of Allen County, Indiana to the United States District Court for the Northern District of 

Indiana, Fort Wayne Division, and states the following:

1. On October 1, 2015, Data Research and Handling, Inc. d/b/a Workforce Relo, by 

counsel, caused to be filed in the Superior Court of Allen County, Indiana under Cause No. 

02D09-1403-CT-147, a Plaintiff’s Amended Complaint for Damages (the “Amended 

Complaint”) naming NAR as a defendant for the first time. A copy of the Amended Complaint 

is attached hereto as Exhibit A.

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2. A copy of the Amended Complaint, along with a Summons, were served by the 

Clerk of the Superior Court of Allen County, Indiana upon NAR by certified mail and were 

received in the mail by NAR on October 14, 2015, which was the first receipt by NAR of the 

Amended Complaint and Summons. A copy of the Summons is attached hereto as Exhibit B. 

3. This Notice of Removal of Action to Federal Court is filed within thirty (30) days 

after receipt by NAR of the Amended Complaint and Summons pursuant to 28 U.S.C. § 1446.

4. The Amended Complaint and Summons constitute all process, pleadings, and 

orders served upon NAR in the above-entitled civil action.

5. Count VII of the Amended Complaint purports to allege that the defendants, 

including NAR, violated provisions of the Lanham Act, 15 U.S.C. §§ 1051 et seq. 

6. Count VIII of the Amended Complaint purports to allege that defendants, 

including NAR, violated provisions of the Sherman Act, 15 U.S.C. §§ 1 et seq.

7. Counts VII and VIII of the Amended Complaint include claims against the 

defendants, including NAR, arising under the laws of the United States within the original 

jurisdiction of a federal district court pursuant to 28 U.S.C. § 1331.

8. The other claims asserted in the Amended Complaint are within the supplemental 

jurisdiction of a federal district court pursuant to 28 U.S.C. § 1367.

9. Based upon the Amended Complaint, the above-entitled civil action may be 

removed to a federal district court pursuant to 28 U.S.C. § 1441.

10. Because the Superior Court of Allen County, Indiana is located within the district 

and division of this federal district court, the above-entitled civil action may be removed to this 

federal district court pursuant to 28 U.S.C. § 1446.

11. NAR is desirous of removing the above-entitled civil action to this federal district 

court.

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12. As more fully shown by the Consent to Removal attached hereto as Exhibit C, the 

defendants Upstate Alliance of Realtors, Inc., Upstate Alliance of Realtors Multiple Listing 

Service, Inc., and Pone Vongphachanh, by counsel, consent to removal of the above-entitled civil 

action to this federal district court.

13. As more fully shown by the Consent to Removal attached hereto as Exhibit D, the 

Indiana Association of Realtors, Inc., named as a defendant in the Amended Complaint, by 

counsel, consents to removal of the above-entitled civil action to this federal district court.

14. All of the other defendants in the above-entitled civil action consent to removal of 

said action to this federal district court pursuant to 28 U.S.C. § 1446.

15. Promptly following the filing of this Notice of Removal of Action to Federal 

Court, NAR, by counsel, will cause a file-marked copy thereof to be mailed to counsel for all 

parties in the above-entitled civil action, including counsel for the plaintiff Data Research and 

Handling, Inc. d/b/a Workforce Relo, pursuant to 28 U.S.C. § 1446.

16. Promptly following the filing of this Notice of Removal of Action to Federal 

Court, NAR, by counsel, will cause a file-marked copy thereof to be filed with the Clerk of the 

Superior Court of Allen County, Indiana in Cause No. 02D09-1403-CT-147, pursuant to 28 

U.S.C. § 1446. 

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Respectfully submitted,

HARRISON & MOBERLY, LLP

/s/ David J. Theising

David J. Theising

HARRISON & MOBERLY, LLP

10 West Market Street, Suite 700

Indianapolis, Indiana 46204

Telephone: (317) 639-4511

Facsimile: (317) 639-9565 

Email: dtheising@harrisonmoberly.com

Counsel for National Association of 

Realtors, Inc.

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