Case 1:14-cv-00683-ODE Document 1 Filed 03/07/14 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

PRIVATE LABEL
NEUTRACEUTICALS, LLC,

)
)
)
Plaintiff,
)
)
v.
)
)
HANGOVER JOES HOLDING )
CORPORATION and
)
HANGOVER JOES, INC.,
)
)
Defendants.
)
______________________________ )

CIVIL ACTION NO:

______________________________

NOTICE OF REMOVAL
Defendants Hangover Joes Holding Corporation and Hangover Joes, Inc.
(Defendants) provide this notice that they have removed the action captioned
Private Label Neutraceuticals, LLC v. Hangover Joes Holding Corporation, et al.,
previously pending in the State Court of Gwinnett County, Georgia, Civil Action
No. 14-C-00658-6 (the Action), to the United States District Court for the
Northern District of Georgia, Atlanta Division, pursuant to 28 U.S.C. 1332,
1441, and 1446. The grounds for removal are set forth in more detail below.

Case 1:14-cv-00683-ODE Document 1 Filed 03/07/14 Page 2 of 8

Jurisdiction
1.

This Court has original jurisdiction over this Action on the basis of

diversity because it is a civil action between citizens of different states and the
matter in controversy exceeds the sum of Seventy-Five Thousand Dollars
($75,000), exclusive of interest and costs. 28 U.S.C. 1332.
Intradistrict Assignment
2.

Plaintiff filed this case in the State Court of Gwinnett County,

Georgia. Therefore, this case may properly be removed to the Atlanta Division of
the Northern District of Georgia. 28 U.S.C. 1441(a).
Compliance with Statutory Requirements
3.

On or about February 7, 2014, Plaintiff Private Label Neutraceuticals,

LLC (Plaintiff) commenced this Action by filing a Complaint. In its Complaint,

Plaintiff seeks: (1) damages for Defendants alleged failure to pay for goods and
services; and (2) litigation fees and expenses for alleged bad faith under O.C.G.A.
13-6-11. Defendants will be filing counterclaims for the significant financial
losses Plaintiffs unlawful activities caused to its business and its shareholders.
4.

Defendants were served with the Complaint on February 12, 2014.

5.

As required by the procedures governing removal of civil actions, true

and correct copies of the Summons and Complaint are attached to this Notice as

Case 1:14-cv-00683-ODE Document 1 Filed 03/07/14 Page 3 of 8

Exhibit 1. 28 U.S.C. 1446(a). The documents in Exhibit 1 are all process,

pleadings, and orders served on Defendants in the Action to date.
6.

Removal of the Action is timely because it is within 30 days from

when Defendants were served with the Complaint. See 28 U.S.C. 1446(b)(1).
7.

As required by the procedures governing removal of civil actions,

Defendants will promptly provide written notice of removal of the Action to

Plaintiff through its counsel of record and will promptly file a copy of this Notice
of Removal with the State Court of Gwinnett County, Georgia, the court in which
the Action was originally filed. 28 U.S.C. 1446(d).
Diversity of Citizenship
8.

The parties to this Action are citizens of different states and were

citizens of different states at the time the Action was commenced.

9.

Plaintiff has been a corporate citizen of the State of Georgia since

before the filing of the Action.1 (See Exhibit 1, Complaint 1.)

10.

Defendants have been corporate citizens of the State of Colorado

since before the filing of the Action. (See id. 2.)

For diversity purposes, a corporation shall be deemed to be a citizen of any State

by which it has been incorporated and of the State where it has its principal place
of business. 28 U.S.C. 1332(c).

Case 1:14-cv-00683-ODE Document 1 Filed 03/07/14 Page 4 of 8

Amount in Controversy
11.

The amount in controversy, exclusive of interest and costs, exceeds

the sum of $75,000 as required by 28 U.S.C. 1332(a). (See id. 6, 9, Prayer for
Relief, at 3.)
12.

Specifically, Plaintiff seeks $63,201.88 in unpaid invoices, along with

statutory interest and costs. (Id. 6.)

13.

Plaintiff also seeks attorneys fees and expenses, claiming bad faith

litigation pursuant to O.C.G.A. 13-6-11. Such a claim counts towards calculating

the amount in controversy for diversity purposes. See, e.g., Morrison v. Allstate
Indem. Co., 228 F.3d 1255, 1265 (11th Cir. 2000) (When a statute authorizes the
recovery of attorneys fees, a reasonable amount of those fees is included in the
amount in controversy.); Byars v. Hartford Cas. Ins. Co., 2009 U.S. Dist. LEXIS
87276, 3, 2009 WL 3077128 (M.D. Ga. Sept. 23, 2009);Townsend v. Monumental
Life Ins. Co., 2007 U.S. Dist. LEXIS 38011, 10 (N.D. Ga. May 7, 2007).
14.

To meet the jurisdictionally required amount together with the alleged

damages for unpaid obligations ($63,201.88), Plaintiffs reasonable attorneys fees

must therefore exceed $11,798.12 as determined under a preponderance of the
evidence standard. See Williams v. Best Buy Co., 269 F.3d 1316, 1319 (11th Cir.
2001) (where the plaintiff has not pled a specific amount of damages, the

Case 1:14-cv-00683-ODE Document 1 Filed 03/07/14 Page 5 of 8

removing defendant must prove by a preponderance of the evidence that the

amount in controversy exceeds the jurisdictional requirement). Defendants meet
their burden to establish the elements of diversity jurisdiction because a removing
defendant is not required to prove the amount in controversy beyond all doubt or to
banish all uncertainty about it. Pretka v. Kolter City Plaza II, Inc., 608 F.3d 744,
754 (11th Cir. 2010). The law does not demand perfect knowledge or depend any
less on reasonable inferences and deductions than we all do in everyday life. Id.
15.

As fully described in the declaration attached as Exhibit 2, based on

the experience of the lead counsel for Defendants, Plaintiffs reasonable attorneys
fees have amounted to more than $11,798.12 as of the date of removal, particularly
since this dispute has been ongoing for over a year and has involved hundreds of
communications between the parties.

(See Exhibit 2, Declaration of Theresia

Moser.) The minimum range of attorneys fees charged to Plaintiff to date in this
matter would be $12,600-$20,700. (Id.)
16.

Because the minimum amount of attorneys fees Plaintiff has incurred

to date in this matter exceeds $11,798.12, the amount in controversy requirement

has been met. When combined with the parties corporate citizenship, this Court
has jurisdiction over this Action on the basis of diversity. 28 U.S.C. 1332.

Case 1:14-cv-00683-ODE Document 1 Filed 03/07/14 Page 6 of 8

17.

In addition, to the extent the Court considers damages stemming from

the compulsory counterclaims Defendants will assert in the responsive pleading

that will be filed within the time permitted by Rule 81(c) of the Federal Rules of
Civil Procedure, the amount in controversy will exceed $1,000,000 due to the
significant losses Defendants have sustained as a result Plaintiffs fraudulent
business practices and failure to perform its obligations to Defendants.
Accordingly, Defendants remove the Action to this Court from the State
Court of Gwinnett County, Georgia.
Respectfully submitted,
/s/ Theresia M. Moser
Theresia M. Moser
Georgia Bar No. 526514
Elizabeth Bulat Turner
Georgia Bar No. 558428
Meyer Moser Lang LLP
Southern Dairies Building
621 North Avenue, N.E. Suite C-150
Atlanta, Georgia 30308
(404) 537-5330 phone
(404) 537-5340 facsimile
tmoser@mmlfirm.com
bbulatturner@mmlfirm.com
Attorneys for Defendants

Case 1:14-cv-00683-ODE Document 1 Filed 03/07/14 Page 7 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

PRIVATE LABEL
NEUTRACEUTICALS, LLC,

)
)
)
Plaintiff,
)
)
v.
)
)
HANGOVER JOES HOLDING )
CORPORATION and
)
HANGOVER JOES, INC.,
)
)
Defendants.
)
______________________________ )

CIVIL ACTION NO:

______________________________

CERTIFICATE OF SERVICE
I certify that I caused to be served this NOTICE OF REMOVAL via U.S.
Mail to the following counsel of record:
David Allen Roberts
Jonathan D. Letzring
Hall, Arbery, Gilligan, Roberts & Shanlever LLP
3340 Peachtree Road, Suite 2570
Atlanta, Georgia 30326
This 7th day of March, 2014.
[Signature on Following Page.]

Case 1:14-cv-00683-ODE Document 1 Filed 03/07/14 Page 8 of 8

/s/ Theresia M. Moser

Theresia M. Moser
Georgia Bar No. 526514
Elizabeth Bulat Turner
Georgia Bar No. 558428
Meyer Moser Lang LLP
Southern Dairies Building
621 North Avenue, N.E. Suite C-150
Atlanta, Georgia 30308
(404) 537-5330 phone
(404) 537-5340 facsimile
tmoser@mmlfirm.com
bbulatturner@mmlfirm.com
Attorneys for Defendant

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