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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 

602-257-7422 Telephone 

602-254-4878 Facsimile 

cromano@gustlaw.com

kwilliams@gustlaw.com

Attorneys for Defendants 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

In the Matter of the Estate of SANDRA 

SURPRISE, 

Deceased, 

THE ESTATE OF SANDRA SURPRISE 

by and through RICHARD SURPRISE, 

Personal Representative; individually, and 

on behalf of SANDRA SURPRISE’S 

statutory beneficiaries, Anthony Surprise, 

Michael Surprise, Daniel Surprise, and 

Kristen DiPasqualucci, 

Plaintiffs, 

vs. 

FSQ, INC., a foreign corporation, f/k/a 

FIVE STAR QUALITY CARE, INC., 

d/b/a THE FORUM AT DESERT 

HARBOR, licensed as FS TENANT 

POOL III TRUST, a foreign corporation; 

FIVE STAR DESERT HARBOR, LLC, a 

foreign limited liability company; FVE FM 

FINANCING, INC., a foreign corporation; 

JOHN DOES I-X Administrators of THE 

FORUM AT DESERT HARBOR; JOHN 

DOES XI-XX; JANE DOES I-X; BLACK 

CORPORATIONS I-X; WHITE 

PARTNERSHIPS I-X, 

Defendants. 

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 No.: 

NOTICE OF REMOVAL 

Case 2:15-cv-01751-DJH Document 1 Filed 09/01/15 Page 1 of 4
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Pursuant to 28 U.S.C. §§ 1441(b) and 1332(a)(1), Defendants FSQ, INC., FS 

Tenant Pool III Trust, Five Star Desert Harbor, LLC, and FVE FM Financing, Inc., 

(“Defendants”), by and through undersigned counsel, hereby remove the abovecaptioned action from the Superior Court of the State of Arizona in and for the County 

of Maricopa, in which it is currently pending, to the United States 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 Maricopa on August 13, 2015. 

Diversity 

2. Defendants are informed and believe that Plaintiff and Personal 

Representative Richard Surprise is a resident of Arizona. See Plaintiff’s Application 

for Informal Appointment of Personal Representative at ¶ 4(a), attached as Exhibit “1.” 

3. Defendants are informed and believe that Plaintiff Michael Anthony 

Surprise is a resident of Arizona. See Plaintiff’s Application for Informal Appointment 

of Personal Representative at ¶ 4(b), attached as Exhibit “1.” 

4. Defendants are informed and believe that Plaintiff Kristen Dipasqualucci 

is a resident of Arizona. See Plaintiff’s Application for Informal Appointment of 

Personal Representative at ¶ 4(c), attached as Exhibit “1.” 

5. Defendants are informed and believe that Plaintiff Daniel Jason Surprise 

is a resident of Arizona. See Plaintiff’s Application for Informal Appointment of 

Personal Representative at ¶ 4(d), attached as Exhibit “1.” 

6. Defendant FSQ, Inc. is a Delaware corporation with its principal place of 

business in Massachusetts. 

7. Defendant FS Tenant Pool III Trust is a Maryland corporation with a 

principal place of business in Massachusetts. 

8. Defendant Five Star Desert Harbor, LLC is a limited liability corporation 

and each of its members are citizens of Massachusetts. 

Case 2:15-cv-01751-DJH Document 1 Filed 09/01/15 Page 2 of 4
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9. Defendant FVE FM Financing, Inc. is a Maryland corporation with a 

principal place of business in Massachusetts. 

10. Originally, the state court action was filed in Maricopa County Superior 

Court (No. PB 2014-001082). 

Amount in Controversy 

11. 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 

12. This notice is timely filed 28 U.S.C. §1441(b)(1) within thirty days after 

the receipt of Plaintiffs’ Complaint and/or service of summons. The Complaint in this 

action was filed on August 13, 2015 (along with initial required pleadings), attached as 

Exhibit “2” to this Notice. 

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

August 14, 2015, attached as Exhibit “3.” 

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

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

by 28 U.S.C. § 1446(d). A true and correct copy of the Notice of Removed Action is 

attached as Exhibit “4.” 

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Case 2:15-cv-01751-DJH Document 1 Filed 09/01/15 Page 3 of 4
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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 

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

conducted in this court as provided by law. 

RESPECTFULLY SUBMITTED this 1ST day of September, 2015. 

GUST ROSENFELD P.L.C.

By/s/ Kelli K. Williams 

Carol M. Romano 

Kelli K. Williams 

Attorneys for Defendant Five Star 

Tucson Forum, LLC 

ORIGINAL e-filed and copies 

mailed September 1, 2015, to: 

Gabriel Kory 

Teri Rowe 

MILLER WEBER KORY, LLP 

506 East Portland Street 

Phoenix, Arizona 85004 

Attorneys for Plaintiffs 

By /s/ C. Roundtree 

Case 2:15-cv-01751-DJH Document 1 Filed 09/01/15 Page 4 of 4