Case 1:17-cv-00681-LAP Document 1 Filed 01/30/17 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RD LEGAL FUNDING, LLC and RD LEGAL FUNDING PARTNERS, LP, Plaintiffs, - against - ERIC T. SCHNEIDERMAN, in his official capacity as Attorney General of the State of New York, and the SSTATE OF NEW YORK, Defendants. NOTICE OF REMOVAL ECF CASE Case No. 1:17-cv-681 TO THE CLERK OF THE COURT: PLEASE TAKE NOTICE that Defendants Eric T. Schneiderman, sued in his official capacity as Attorney General of the State of New York ( AG ), and the State of New York (collectively, Defendants ), by and through their undersigned counsel, hereby remove the above-captioned action from the Supreme Court of the State of New York, County of New York, Index No. 150080/2017, to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. 1331 and 1441, and state as follows: 1. On January 5, 2017, RD Legal Funding LLC and RD Legal Funding Partners, LP ( Plaintiffs ) filed a verified petition ( Petition ) against Defendants in the Supreme Court of the State of New York, County of New York, bearing index no. 150080/2017 (the NY State Court Action ). 2. Plaintiffs served Defendants with a Notice of Petition Pursuant to CPLR Article 78 ( Notice of Petition ), the Petition and a Request for Judicial Intervention ( RJI ) for the NY State Court Action on January 10, 2017. 3. As alleged in the Petition, Plaintiffs claim that Defendants are liable to Plaintiffs under 42 U.S.C. 1983 for purported deprivation of their procedural and substantive
Case 1:17-cv-00681-LAP Document 1 Filed 01/30/17 Page 2 of 3 rights under the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. The purported deprivation arises out of a determination made by the AG that certain transactions entered into between Plaintiffs and individuals who have submitted claims to the September 11 th Victim Compensation Fund constitute loans subject to New York s usury laws and not true sales as Plaintiffs allege. Plaintiffs also assert certain state law claims over which this Court has supplemental jurisdiction under 28 U.S.C. 1367. 4. Defendants seek removal of the NY State Court Action to this Court pursuant to 28 U.S.C. 1441(a) on the ground that it is an action over which this Court would have original federal question jurisdiction. 5. This Notice of Removal is timely pursuant to 28 U.S.C. 1446(b)(1) as it is filed within thirty (30) days after Defendants were served by Plaintiffs with the Notice of Petition and Petition. 6. A true and correct copy of the Notice of Petition, Petition and RJI are attached hereto as Exhibit A. 7. No prior application for this relief has been made. 8. Pursuant to 28 U.S.C. 1446(d), Defendants will promptly give written notice of this Notice of Removal to Plaintiff s counsel of record and will file a copy of this Notice of Removal with the clerk of the state court in which the NY State Court Action is pending. 2
Case 1:17-cv-00681-LAP Document 1 Filed 01/30/17 Page 3 of 3 WHEREFORE, Defendants request that this civil action be removed from the Supreme Court of the State of New York, County of New York, to the United States District Court for the Southern District of New York. Dated: New York, New York January 30, 2017 ERIC T. SCHNEIDERMAN Attorney General of the State of New York Attorney for Defendants By: /s/ Andrew Amer Andrew Amer Special Litigation Counsel 120 Broadway, 24th Floor New York, New York 10271 (212) 416-6127 andrew.amer@ag.ny.gov To: Eric T. Kanefsky, Esq. Calcagni & Kanefsky LLP 85 Broad Street, 18 th Floor New York, NY 10004 Attorneys for Plaintiffs 3
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