Hones v. Young et al.

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Lawrence J. Semenza, Esq., Bar No. 789 Lawrence J. Semenza, III, Esq., Bar No. 7174 Christopher D. Kircher, Esq., Bar No. 11176 SEMENZA & SEMENZA, LLP 3753 Howard Hughes Parkway, Suite 200 Las Vegas, Nevada 89169 Telephone: (702) 369-6999 Facsimile: (702) 263-3539 Email: [email protected] Email: [email protected] Attorneys for Bioregenesis Institute Corp.

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

EDWARD P. HONES, Individually and as Administrator of the Estate of KAREN ALLISON HONES, Deceased, Plaintiff, v. HENRY YOUNG, Ph.D. and BIOREGENESIS INSTITUTE, CORP., a Nevada Corporation; and DOES I through X, inclusive; and ROE CORPORATIONS I through X, inclusive; and ROE Limited Liability Company I through X, inclusive, Defendants.

Case No. PETITION FOR REMOVAL OF ACTION UNDER 28 U.S.C. §1441

TO: THE CLERK OF THE ABOVE-ENTITLED COURT: PLEASE TAKE NOTICE that Defendant Bioregenesis Institute Corp. hereby removes to

this Court, the State Court action described below:

On August 20, 2012, an action was commenced in the District Court of the State of

Nevada in and for the County of Clark, entitled EDWARD P. HONES, Individually and as

Administrator of the Estate of KAREN ALLISON HONES, Deceased, Plaintiffs v. HENRY

YOUNG, Ph.D. and BIOREGENESIS INSTITUTE, CORP., a Nevada Corporation; and DOES I

Case 2:12-cv-01951-JCM-PAL Document 5 Filed 11/13/12 of 22

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through X, inclusive; and ROE CORPORATIONS I through X, inclusive; and ROE Limited

Liability Company I through X, inclusive, Defendants, as Case No. A-12-667133. A true and

correct copy of that Complaint is attached hereto and incorporated by reference as Exhibit "A."

A true and correct copy of the Summons is attached hereto and incorporated herein by reference

as Exhibit "B."

This action is a civil action of which this Court has jurisdiction and is one which may be

removed to this Court because the Plaintiff is an individual and the duly appointed Administrator

of the Estate of Karen Allison Hones, citizens of Michigan, not the State of Nevada nor are doing

business in the State of Nevada and Defendant Bioregenesis Institute Corp., is a Nevada

corporation doing business in the State of Nevada. The amount in controversy exceeds $75,000.

The Court has diversity jurisdiction pursuant to 28 U.S.C. §1332. No other Defendants have been

served to FlyCast's knowledge.

This action is a civil action of which this Court has jurisdiction and is one which may be

removed to this Court by Bioregenesis Institute Corp. pursuant to 28 U.S.C. §1441.

DATED this 12th day of November 2012.

SEMENZA & SEMENZA, LLP

/s/ Lawrence J. Semenza, Lawrence J. Semenza, Esq. Bar No. 789 Lawrence J. Semenza, III, Esq., Bar No. 7174

Christopher D. Kircher, Esq., Bar No. 11176 3753 Howard Hughes Parkway, Suite 200

Las Vegas, Nevada 89169

Attorneys for Bioregenesis Institute Corp.

CERTIFICATE OF SERVICE

I am employed by the law firm of Semenza & Semenza, LLP in Clark County. I am over the age of 18 and not a party to this action. My business address is 3753 Howard Hughes Parkway, Suite 200, Las Vegas, Nevada 89169.


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On the 12th day of November 2012, I served the document(s), described as: PETITION FOR REMOVAL OF ACTION UNDER 28 U.S.C. §1441

by placing the original a true copy thereof enclosed in a sealed envelope addressed

a. ECF System (You must attach the “Notice of Electronic Filing”, or list all persons and addresses and attach additional paper if necessary)

Wade W. Rabenhorst, Esq. Campbell & Williams 700 South 7th Street Las Vegas, Nevada 89101 Email: [email protected] Alan C. Milstein, Esq. Sherman, Silverstein, Kohl, Rose & Podolisky, P.A. East Gate Center 308 Harper Drive, Suite 200 Moorestown, New Jersey 08057 Attorneys for Plaintiff

b. BY U.S. MAIL. I deposited such envelope in the mail at Las Vegas, Nevada. The envelope(s) were mailed with postage thereon fully prepaid. I am readily familiar with Semenza & Semenza, LLP’s practice of collection and processing correspondence for mailing. Under that practice, documents are deposited with the U.S. Postal Service on the same day which is stated in the proof of service, with postage fully prepaid at Las Vegas, Nevada in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date stated in this proof of service.

c. BY PERSONAL SERVICE.

d. BY DIRECT EMAIL.

e. BY FACSIMILE TRANSMISSION.

I declare under penalty of perjury that the foregoing is true and correct.

/s/ Dona Roudabush An Employee of Semenza & Semenza, LLP


EXHIBIT A

EXHIBIT A


EXHIBIT B

EXHIBIT B


Hones v. Young et al.

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