NOTICE OF REMOVAL OF A CIVIL ACTION - … notice of removal of this action, together with a copy of...

Client Documents:4834-4535-4566v1|T6881-000008|4/10/2017

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

AT NORFOLK

ZAHRA AZIZKHANI ) ) )

Plaintiff, ) )

v. ) No. )

QATAR AIRWAYS Q.C.S.C. ) (Removed from the Circuit Court ) for the City of Norfolk, Virginia, ) Case No. CL17-3460) )

Defendant. )

NOTICE OF REMOVAL OF A CIVIL ACTION

PLEASE TAKE NOTICE that Qatar Airways Q.C.S.C., hereby removes the above matter

from the Circuit Court for the City of Norfolk, Virginia, to this Honorable Court, under the

provisions of Title 28, Sections 1441 and 1446(a), United States Code, and in support thereof

represents unto this Court as follows:

1. The above-captioned matter was commenced in the Circuit Court for the City of

Norfolk, Virginia, by plaintiff filing her original Complaint on the 16th day of March 2017.

Removant Qatar Airways was provided a copy of a summons and the original Complaint on or

around March 23, 2017. Removant files this Notice of Removal within thirty (30) days from and

after the date of the service of process upon it in said action.

2. Diversity of Citizenship

a. The Plaintiff Zahra Azizkhani alleges that she is a citizen of Virginia

Beach, Virginia. (Compl. ¶ 1).

Case 2:17-cv-00203-HCM-LRL Document 1 Filed 04/10/17 of 5 PageID# 1

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b. Defendant Qatar Airways is a foreign corporation with its principal place

of business in Doha, Qatar.

3. Amount

Plaintiff brings this action for injuries allegedly sustained during international carriage

from the United States to Iran with a scheduled stop in Qatar. (Complaint, ¶ 4). She alleges that

she suffered burns when hot coffee was spilled on her abdomen. (Id.).

Generally, the amount specified in the complaint will determine whether the

jurisdictional amount is satisfied for purposes of removal. See Wiggins v. North Am. Equitable

Life Assurance Co., 644 F.2d 1014, 1016 (4th Cir. 1981); Bartnikowski v. NVR, Inc., 307 F.

App’x 730, 734 (4th Cir. 2009). Plaintiff demands compensatory damages in the amount of

$500,000. (Complaint, ¶ 13). Plaintiff also demands punitive damages in the amount of

$350,000 (Id.).

Qatar Airways has carried its burden of proving the requisite jurisdictional amount based

on the face of the Complaint. Accordingly, jurisdiction over the subject matter of this case is

conferred by 28 U.S.C. § 1332(a)(1).

4. Jurisdiction is founded upon diversity of citizenship pursuant to 28 U.S.C.

§ 1332(a), as set forth in Paragraph 2 above, and amount, as set forth in Paragraph 3.

5. Federal Question

Removal also is proper because this Court has original jurisdiction based on the existence

of a federal question pursuant to 28 U.S.C. § 1331. The transportation out of which the subject

matter of this action arose was "international carriage" within the meaning of a treaty of the

United States known as the Convention for the Unification of Certain Rules for International

Carriage by Air, done at Montreal on 28 May 1999, ICAO Doc. No. 9740 (entered into force


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November 4, 2003), reprinted in S. Treaty Doc. 106-45, 1999 WL 33292734 (hereinafter

"Montreal Convention"), and the rights of the parties are governed exclusively by the provisions

of the said Montreal Convention.

Because the carriage involved was "international" as defined in Article 1 of the Montreal

Convention, the Convention exclusively governs the rights and liabilities of the parties to this

action. See El Al Israel Airlines, Ltd. v. Tseng, 525 U.S. 155 (1999); Ramos v. American

Airlines, 2011 WL 507674 (W.D.N.C. Oct. 25, 2011); Knowlton v. American Airlines, 2007 WL

273794 (D. Md. Jan. 31, 2007). Accordingly, the underlying action may be removed to this

Court pursuant to the provisions of 28 U.S.C. § 1331 as the action arises under a treaty of the

United States, the Montreal Convention.

6. Venue

Venue is proper in this Court pursuant to 28 U.S.C. §§ 1441(a) and 1446(a) because this

Court is the federal judicial district within which the Circuit Court for the City of Norfolk,

Virginia, where this action originally was filed, is located.

7. Removant files herewith a true copy of all state court process, pleadings, orders

served upon it in such action, consisting of Plaintiff’s Complaint. The state court filings are

attached as Exhibit A. Immediately upon filing this Notice of Removal, Removant will give

written notice of removal of this action, together with a copy of this Notice of Removal, to the

Clerk of the Court in the Circuit Court for the City of Norfolk, Virginia, and is serving a copy on

all counsel.

WHEREFORE, Qatar Airways respectfully submits, based on the allegations set forth in

this Notice of Removal that this action is properly removed and request that this Court retain

jurisdiction over this action.


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Respectfully submitted,

QATAR AIRWAYS Q.C.S.C.

/s/ Jeffrey S. Poretz, Esquire Virginia Bar No. 38529 [email protected] Carl R. Schwertz, Esquire Virginia Bar No. 27399 [email protected] Miles & Stockbridge P.C. 1751 Pinnacle Drive, Suite 1500 Tysons Corner, Virginia 22102-3833 Telephone Number: (703) 903-9000 Facsimile Number: (703) 610-8686

-and-

Andrew J. Harakas (pro hac vice to be filed) Daniel E. Correll (pro hac vice to be filed) Clyde & Co US LLP The Chrysler Building 405 Lexington Avenue, 16th Floor New York, New York 10174 Telephone Number: (212) 710-3900 Facsimile Number: (212) 710-3950 Email: [email protected]

[email protected]

Counsel for Qatar Airways Q.C.S.C.


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CERTIFICATE OF SERVICE

I hereby certify that on this 10th day of April, 2017, a copy of the foregoing Notice of

Removal of a Civil Action and attachments were served upon the following attorneys of record

for Plaintiff Zahra Azizkhani via Federal Express:

Barry R. Taylor Shannon B. Bayona

Taylor Bayona Law Group, P.C. Country Club Square Offices

1401 Kempsville Road, Suite A Chesapeake, Virginia 23320

Attorneys for Plaintiff

/s/ Jeffrey S. Poretz, Esq.


Case 2:17-cv-00203-HCM-LRL Document 1-1 Filed 04/10/17 Page 1 of 7 PageID# 6

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