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GUST ROSENFELD P.L.C.

One East Washington Street, Suite 1600

Phoenix, Arizona 85004-2553

Carol M. Romano - 015988

Kelli K. Williams - 022907

602-25 7 -7 422 Telephone

602-25 4-487 8 Facsimile

cromano@gustlaw.com

kwi lliams@ gustlaw.com

Attorneys þr Defendants

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

JONATHAN MARSHALL, individually,

as the surviving son of MELISSA

MARSHALL, deceased, and on behalf of

NICHOLAS MARSHALL, surviving son,

and RUTH JLINTILLA, surviving mother

of MELISSA MARSHALL, deceased, and

all other statutory benef,rciaries of

MELISSA MARSHALL, deceased,

Plaintift

NOTICE OF REMOVAL

VS

LA MESA REHABILITATION AND

CARE CENTER; FIVE STAR QUALITY

CARE,

Defendants.

Pursuant to 28 U.S.C. $S l44l(b) and 1332(a)(1), Defendants Five Star Quality

Care AZ-LLC dba La Mesa Rehabilitation and Care Center (erroneously sued herein

as La Mesa Rehabilitation and Care Center); and FSQ, Inc. (erroneously sued herein as

Five Star Quality Care), ("Defendants"), by and through undersigned counsel, hereby

remove the above-captioned action from the Superior Court of the State of Arizona in

and for the County of Yuma, in which it is currently pending, to the United States

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District Court for the District of Arizona. Removal is proper for the following reasons:

1. The action was filed in the Superior Court of the State of Arizona in and

for the County of Yuma on August 24,2015.

Diversity

2. Defendants are informed and believe that Plaintiff Jonathan Marshall is a

resident of Arizona.

3. Defendants are informed and believe that Plaintiff Nicholas Marshall is a

resident of Arizona.

4. Defendants are informed and believe that Plaintiff Ruth Juntilla is a

resident of California.

5. Defendant Five Star Quality Care AZ-LLC dba La Mesa Rehabilitation

and Care Center (erroneously sued herein as La Mesa Rehabilitation and Care Center)

is a foreign limited liability corporation and each of its members are citizens of

Massachusetts.

6. Defendant FSQ, Inc. (formerly known as Five Star Quality Carc,Inc.) is

a Delaware corporation with its principal place of business in Massachusetts.

7. Originally, the state court action was f,rled in Yuma County Superior

Court (No. S 1400-CV20 1 5 007 24).

Amount in Controversy

8. This Court has original jurisdiction over this action pursuant to 28 U.S.C.

$ 1332(a)(1), and is properly removed to this Court pursuant to 28 U.S.C. $ 1441(b)

because it is a civil action between citizens of different states and the matter in

controversy exceeds the sum of $75,000.00, exclusive of interests and costs.

Timeliness of Notice

9. The Complaint in this action was filed on August 24, 2015, attached as

Exhibit "l" to this Notice.

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10. The Defendants were served with the Summons and Complaint on

October 14, 2015, attached as Exhibit "2." Thus, this notice is timely filed 28 U.S.C.

$1441(bX1) within thirty days after the service of summons.

11. Written notification of the filing of this notice will be served on Plaintiffs

and filed with the Clerk of the Yuma County, Arizona, Superior Court as required by

28 U.S.C. $ 1446(d).

12. Undersigned counsel verifies that true and correct copies of all pleadings

and other documents that were previously filed in the state court proceeding are

attached to this Notice of Removal as Exhibits "1" aîd"2."

WHEREFORE, Defendants respectfully request that the action now pending

against it in the Superior Court of the State of Arizona in and for the County of Yuma

be removed to this Court and that further proceedings in this action be conducted in

this court as provided by law.

RESPECTFULLY SUBMITTED this l6th day of October, 2015.

GUST ROSENFELD p .C.

s/ Kelli K. Willíams

Carol M. Romano

Kelli K. Williams

At t o r ney s for D efe ndant s

a

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CERTIFICATE OF' SERVICE

I hereby certiff that on this 16th day of October, 2015,I electronically

transmitted the foregoing document to the Clerk's Office using the CMÆCF System

for f,rling and transmitted a Notice of Electronic Filing to the following CMÆCF

participants:

Carter Morey, Esq.

Law Office of Carter Morey,

A Professional Corporation

110 South Church Avenue, Suite 2170

Tucson, Arizona 85701

crm@cartermorey.com

Attorney þr Plaintffi

s/ Naomi Ewinp

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