Case 2:09-cv-00782-PMP-RJJ Document 1

Filed 05/01/09 Page 1 of 6

2
3

4
5

MORRIS PETERSON Steve Morris, Bar No. 1543 Jared MSechrist, Bar No. 10439 900 Bank of America Plaza 300 South Fourth Street Las Vegas, NV 89101 Telephone: (702) 474 9400 Facsimile: (702) 474-9422 Masterfile Corporation

6 Attorneys for Defendants

7
8
9

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

) CASE NO: ) ) ) ) ) NOTICE OF REMOVAL; JARED ) M. SECHRIST'S DECLARATION ) IN SUPPORT THEREOF

1 IT MACHINES, L.L.C., individually and 0

on behalf of all similarly situated Class 11 Members,

12

Plaintiff,
13
V.

14

MASTERFILE CORPORATION, a
15 corporation; NCS RECOVERY

CORPORATION, a full service collection 16 agency; PHUSION 25; and DOES 1 17 through 100, inclusive,
18

Defendants.

1 ) 1 1 1 1

19

20 21

PLEASE TAKE NOTICE: Defendant Masterfile Corporation

("Masterfile")hereby removes the state court action entitled IT Machines, L.L.C.,

22 individually and on behalf of all similarly situated Class Members v.Masterfile 23 Corporation, a corporation; NCS Recovery Corporation, a full service collection agency; 24 Phusion 25, and Does 1 through 100 inclusive, Case No. A586796, filed April 1,2009, 25 from the Eighth Judicial District Court for Clark County, Nevada to the United 26 States District Court for the District of Nevada. Federal question jurisdiction 27 exists over this proceeding pursuant to 28 U.S.C. 1331, and 15 U.S.C. 1692 et 28 seq.
MORRIS PETERSON
ATTORNEYS AT LAW 900 BANK OF AMERICA PLAZA 300 SOUTH FOURTH STREET LASVEGAS. NEVADA89101 702/474-9400 FAX 702/474-9422

Case 2:09-cv-00782-PMP-RJJ Document 1

Filed 05/01/09 Page 2 of 6

I. Introduction

2
3
4

This is an action brought by plaintiff IT Machines, L.L.C. ("IT Machines") to recover damages for alleged violations of the Fair Debt Collection Practices Act and various state law theories, including fraud, breach of implied covenant of good faith and fair dealing, and deceptive trade practices. IT Machines filed this action in the Eighth Judicial District Court of Nevada on April 1,2009. 11. This Court Has Jurisdiction Under 28 U.S.C. 5 1331,15 U.S.C. 5 1692k. Title 28 U.S.C. 5 1441(a)permits removal of "any civil action brought in a State Court of which the district courts of the United States have original jurisdiction." Under this statute, "[a] defendant may remove a state court action to federal court only if the action could have originally been filed in the federal court." Caterpillar v. Williams, 482 U.S. 386 (1987); 28 U.S.C. 1441(a). District courts have federal question jurisdiction over civil cases "arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. 5 1331. Removal jurisdiction exists pursuant to 28 U.S.C. 9 1441, since it appears on the face of the Complaint that this is a civil action of which this Court has original jurisdiction founded on a claim or right arising under the laws of the United

7
8
9
10

11

12
1Z
14

le
16

17

l e States. 28 U.S.C. 1441(b).

18
2c

IT Machines' statements in paragraphs 15,16, and 17 demonstrate that

federal law is the basis for its causes of action. Specifically, IT Machines describes

2 its allegations by directly quoting from the Fair Debt Collection Practices Act 1 22 ('IFDCPA''), 15 U.S.C. 5s 1692g(b) and 1692i.

22

This Court has original jurisdiction over FDCPA claims pursuant to 15

24 U.S.C. 5 1692k. Accordingly, this Court has federal question jurisdiction under 28 2 E U.S.C. 1331.

WI
2r

This Court has supplemental jurisdiction pursuant to 28 U.S.C. 5 1367(a) over IT Machine's remaining claims because these state law-based claims (1)arise out of the same facts and circumstances as IT Machine's claims under 15 U.S.C. 55
2

2 4
MORRIS PETERSO>
ATTORNEYS ATLAW 900 BANK OF AMERICA PLAZ 300 SOUTH FOURTH STREEl LASVEGAS, NEVADA89101 702/474-9400 FAX 702/474-9422

Case 2:09-cv-00782-PMP-RJJ Document 1

Filed 05/01/09 Page 3 of 6

1692 et seq.; and (2) are substantially related to, and properly determined with, IT Machine's federal question claims. Jurisdiction over these claims also is appropriate pursuant to 28 U.S.C. 1441(c).

2
3
4 5

111. Masterfile Has Satisfied the Procedural Requirements for Removal

A. This notice of removal is filed within 30 days of service of the

Complaint and summons as required by 28 U.S.C. 1446(b). IT Machines filed its Complaint on April 1,2009. To date, Masterfile has not been served with the Complaint nor has it been served with a summons in this action. See Sechrist Decl.

7
8
9

91 2. The filing of this notice of removal is within 30 days of the filing of the
Complaint and is therefore timely.
B. IT Machines filed this action in the District Court, Clark County,

10

11

12
1Z

Nevada on April 1,2009. See Sechrist Decl., 4[ 3; Complaint attached as Exhibit A.

C. The remaining defendants are NCS Recovery Corporation and

Phusion 25. The earliest any of the defendants could have been served is April 1,
2009, the date the Complaint was filed. D. Venue properly lies in the Court's unofficial Southern Division

14
1E 1E

17

pursuant to 28 U.S.C. 1441(a)and 1446(a)because it encompasses the Eighth Judicial District Court for Clark County, where this action was originally brought.
E. Masterfile will file a copy of this Notice of Removal with the Clerk of

1E

2c

the Eighth Judicial District Court for Clark County and will serve a copy on all

2 parties as required by 28 U.S.C. 1446(d). 1 22 F. A copy of the Complaint is attached as Exhibit A. No other pleadings

were filed in the Eighth Judicial District Court for Clark County prior to removal.
24

2 5 2
M O R R I S PETERSOK
ATTORNEYS AT LAW

900 BANKOF AMERICA PLAZl

300 SOUTH FOURTH STREET LASVEGAS, NEVADA 89101 702/474-9400 FAX 702/474-9422

Case 2:09-cv-00782-PMP-RJJ Document 1

Filed 05/01/09 Page 4 of 6

1 2 3

IV. Conclusion

4
5
6

For these reasons, Masterfile respectfully removes this action, bearing case number A586796, to this Court from the Eighth Judicial District Court for Clark County, Nevada, pursuant to 28 U.S.C. 5 1441. MORRIS PETERSON

7 8
9

10
11

By

12 13 14
15

/s/Tared M. Sechrist Steve Morris, Bar No. 1543 Jared M. Sechrist Bar No. 10439 900 Bank of America Plaza 300 South Fourth Street Las Vegas, NV 89101

Attorneys for Defendants Masterfile

DECLARATION OF JARED M. SECHRIST I, Jared M. Sechrist, declare as follows:

16 17 18 19 20 21

1.

I am an attorney with the law firm of Morris Peterson, counsel of

record for Masterfile Corporation in the matter IT Machines, L.L.C., individually and

on behalf of all similarly situated Class Members v. Masterfile Covpomtion, a corporation;

NCS Recove y Covporation, a f i l l service collection agency; Phusion 25, and Does 1
and have been admitted to practice before this Court. I have personal knowledge

22 through ZOO inclusive. I am a member in good standing of the State Bar of Nevada 23 24 25 26 27 28
MORRIS PETERSON
AnORNEYS AT LAW

of the facts set forth in this Declaration and, if called as a witness, could and would testify competently to such facts under oath.
2.

Masterfile has not been served with the Complaint nor has it been

served with a summons in this action.

900 BANK OF AMERICA PLAZA

300 SOUTH FOURTH STREET LASVEGAS. NEVADA 8 9 1 0 1 7021474-9400 FAX 702/474-9422

Case 2:09-cv-00782-PMP-RJJ Document 1

Filed 05/01/09 Page 5 of 6

3.

Attached as Exhibit A is a true and correct copy of the Complaint

2
3

filed on April 1,2009 in the matter IT Machines, L.L.C., individually and on behalfof
all similarly situated Class Members v . Masterfile Corporation, a corporation; NCS

4
5 6

Recovery Corporation, a f u l l service collection agency; Phusion 25, and Does 2 through
ZOO inclusive given case number A586796 in the Eighth Judicial District Court for

Clark County, Nevada. Executed on the first day of May, 2009, at Las Vegas, Nevada.

7
8 9

I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct to the best of my knowledge and ability.

10
11

12
13

/s/ Tared M. Sechrist Jared M. Sechrist Attorney for Defendant Masterfile

14
15 16

17
18 19

20 21 22
23

24

25
26

27 28
MORRIS PETERSON
ATTORNEYS AT LAW 9 0 0 BANK OF AMERICA PLAZA 300 SOUTH FOURTH STREET LASVEGAS, NEVADA 8 9 1 0 1 702/474-9400 FAX 702/474-9422

Case 2:09-cv-00782-PMP-RJJ Document 1

Filed 05/01/09 Page 6 of 6

CERTIFICATE OF SERVICE
Pursuant to Fed. R. Civ. P. 5(b) and Section IV of District of Nevada Electronic Filing Procedures, I certify that I am an employee of MORRIS PETERSON, and that the following documents were served via electronic service:
NOTICE OF REMOVAL; JARED M. SECHRIST'S DECLARATION IN SUPPORT THEREOF:

2
3
4 5
6

e N/A

To:

e
1c
11

I further certify that I am familiar with the firm's practice of collection and processing documents for mailing; that in accordance therewith, I caused the above-named document to be deposited with the U.S. Postal Service at Las Vegas,

12

Nevada, in a sealed envelope, with first class postage prepaid, on the date and to
12

the addressee(s) shown below:

14

Thomas Christensen Christensen Law Offices, L.L.C. 1 E 1000 S. Valley View Blvd. Las Vegas, Nevada 89107
1E

17
1E
1:
2 c
21

Dated this E d a y of May, 2009. By: /s/ Fiona Ingalls -

2 :
24

24

2 t 2 e

2;
2 t
M 0R R IS PETE R SOh
ATTORNEYS AT LAW
900 BANK OF AMERICA PLAZ. 300 S O U T H F O U R T H STREET LASVEGAS, NEVADA 89101 702/474-9400 FAX 702/474-9422