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Quarles & Brady LLP

Firm State Bar No. 00443100 

Renaissance One 

Two North Central Avenue 

Phoenix, AZ 85004-2391 

TELEPHONE 602.229.5200 

Michael S. Catlett (#025238) 

Michael.Catlett@quarles.com Julia J. Koestner (#031707) 

Julia.Koestner@quarles.com 

Attorneys for Defendant

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Joseph Pole, 

Plaintiff, 

vs. 

Wells Fargo Bank, N.A. 

Defendant. 

NO. 

(formerly Maricopa County Superior 

Court Case No. CV2015-053398) 

NOTICE OF REMOVAL 

Defendant Wells Fargo Bank, N.A. ("Wells Fargo") hereby gives notice of removal 

of the civil action captioned Pole v. Wells Fargo Bank, N.A., CV2015-053398, from the 

Arizona Superior Court, Maricopa County (the "State Court Action"), to the United States 

District Court for the District of Arizona. 

 Wells Fargo files this notice pursuant to 28 U.S.C. § 1446(a) and L.R. Civ. 3.6. 

The United States District Court has jurisdiction under 28 U.S.C. § 1332. Undersigned 

counsel verifies that a complete copy of the filings in the State Court Action, which his 

firm obtained from the Arizona Superior Court, Maricopa County, is attached hereto as 

Exhibit "A." Such verification is attached hereto as Exhibit "B." 

 As grounds for removal of this action, Wells Fargo states as follows: 

1. Wells Fargo has been served with the Complaint in this matter. There are 

no other defendants identified in this action. 

Case 2:15-cv-02427-SPL Document 1 Filed 11/30/15 Page 1 of 4
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2. This Notice of Removal is filed within thirty (30) days of service of the 

Complaint on Wells Fargo. 

3. Wells Fargo has not pled, answered, or otherwise appeared in the State 

Court Action. Wells Fargo hereby reserves all defenses, including defenses based on lack 

of personal and subject matter jurisdiction. 

4. The United States District Court has original jurisdiction over this action 

under 28 U.S.C. § 1332 because there is complete diversity of citizenship between 

Plaintiff and Wells Fargo, and the amount in controversy exceeds the sum or value of 

$75,000.00. 

5. Plaintiff Joseph Pole alleges that he is a single man who resides in Maricopa 

County, Arizona. (See Compl., Exh. A, at ¶ I.) Joseph Pole, therefore, is a citizen of 

Arizona. 

6. Defendant Wells Fargo is a National Bank with its principal place of 

business in South Dakota, which is also the state designated as its main office with the 

Office of the Comptroller of the Currency. (See Catlett Decl. attached hereto as "Exhibit 

C" at ¶ 2.) Wells Fargo, therefore, is a citizen of South Dakota. See 28 U.S.C. § 1348; 

Wachovia Bank, N.A. v. Schmidt, 546 U.S. 303, 306 (2006) ("[W]e hold that a national 

bank, for § 1348 purposes, is a citizen of the State in which its main office, as set forth in 

its articles of association, is located."). 

7. The amount in controversy exceeds the sum or value of $75,000.00. 

Plaintiff purports to bring this action on behalf of himself and an Arizona corporation 

called EBJJ Enterprises, Inc. ("EBJJ"), in which Plaintiff claims to own a 50% interest. 

Plaintiff claims that EBJJ maintained bank accounts at Wells Fargo. Plaintiff alleges that, 

in 2006, Plaintiff's business partner unilaterally withdrew funds from EBJJ's accounts and 

deposited them into an account in his partner's own name. Plaintiff alleges that he 

discovered that EBJJ's funds had been moved to his partner's account, and demanded that 

Wells Fargo return the funds to the EBJJ accounts. Plaintiff claims that Wells Fargo 

informed him that the money had been returned, but that the funds had not been returned. 

Case 2:15-cv-02427-SPL Document 1 Filed 11/30/15 Page 2 of 4
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In the Complaint, Plaintiff asserts claims against Wells Fargo for negligence, negligent 

misrepresentation, and aiding and abetting breach of fiduciary duty, and alleges that, for 

each of those claims, his damages include, inter alia, "the loss of cash on deposit at Wells 

Fargo Bank." (See, e.g., Compl., Exh. A, at ¶¶ XVI, XXI, XXVI.) Plaintiff also seeks 

punitive damages against Wells Fargo. (Compl., Exh. A, at 8 ¶ 6.) 

8. Plaintiff has separately sued his former business partner; that case is 

pending in Arizona Superior Court, Maricopa County, as Case No. CV2014-011858. (See 

First Am. Compl., EBJJ Enters. et al. v. Nona et al., attached hereto as "Exhibit D.") 

Prior to that litigation, Plaintiff's counsel in that case, the law firm of Burch & Cracchiolo, 

wrote to counsel for Plaintiff's partner about the issue of the funds Plaintiff alleges were 

taken from EBJJ's accounts at Wells Fargo. In that correspondence, Plaintiff's counsel 

informed counsel for Plaintiff's business partner that "[w]e understand that at some point 

in 2006 Basil Nona moved $750,000 in cash from EBJJ's account at Wells Fargo Bank 

into a separate account that was established in his name individually and then began 

operating the check cashing business as his sole and separate asset at Broadway Liquors." 

(See 8/14/2014 Correspondence attached hereto as Exhibit "E.") That correspondence 

was attached an Exhibit to the First Amended Complaint in the action against Nona. (See 

Exh. D.) Thus, the amount that Plaintiff seeks from Wells Fargo when he prays for 

compensatory damages "for cash converted from the bank account of EBJJ Enterprises, 

Inc." appears to be $750,000, which far exceeds the minimum amount required for 

diversity jurisdiction. 

9. Written notice of the filing of this Notice has been delivered to Plaintiff. A 

copy of this Notice of Removal will be filed this date with the Clerk of the Arizona 

Superior Court, Maricopa County. The Notice of Removal to be filed with the Superior 

Court is attached hereto as "Exhibit F."

Accordingly, Wells Fargo respectfully requests that this Notice of Removal be 

filed, the State Court Action be removed to, and proceed hereinafter in, this Court, and 

that no further proceedings in this matter take place in the Arizona Superior Court. 

Case 2:15-cv-02427-SPL Document 1 Filed 11/30/15 Page 3 of 4
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RESPECTFULLY SUBMITTED this 30th day of November, 2015. 

QUARLES & BRADY LLP 

Renaissance One 

Two North Central Avenue 

Phoenix, AZ 85004-2391 

By /s/ Michael S. Catlett 

Michael S. Catlett 

Julia J. Koestner 

Attorneys for Defendant

CERTIFICATE OF SERVICE 

 I hereby certify that on November 30, 2015, I electronically transmitted the 

attached documents to the Clerk's Office using the ECF System for filing. The foregoing 

was transmitted by First-Class Mail to: 

 Joseph Pole 

24205 N. 65th Avenue 

Glendale, Arizona 85310

s/ Kelly Thwaites 

Case 2:15-cv-02427-SPL Document 1 Filed 11/30/15 Page 4 of 4