CAFA Notice of Removal - Enhanced Legal Workflow Prompt

You are tasked with drafting a comprehensive Notice of Removal under the Class Action Fairness Act (CAFA) for removal from state court to federal district court. This is a critical litigation document that must comply with federal procedural requirements and establish federal jurisdiction under 28 U.S.C. § 1332(d).

Document Overview and Purpose

Draft a formal Notice of Removal that removes a class action lawsuit from state court to federal court pursuant to CAFA. The document must establish that federal jurisdiction exists based on minimal diversity of citizenship, an amount in controversy exceeding $5 million in the aggregate, and the presence of at least 100 class members. Your notice must be procedurally sound, legally sufficient, and filed within the statutory deadline of 30 days from service of the initial pleading or receipt of an amended pleading, motion, order, or other paper from which removability can first be ascertained.

Caption and Heading Requirements

Begin with a properly formatted federal court caption that identifies the specific United States District Court, including the appropriate division (e.g., "United States District Court for the Southern District of New York"). The caption must include the complete case style with all named plaintiffs and defendants as they appear in the state court action, followed by the state court case number and a designation that this is a "Notice of Removal." Include a clear title such as "NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. §§ 1332(d), 1441, AND 1446." Ensure the formatting complies with federal court local rules regarding font, spacing, and margin requirements.

Introductory Statement and Statutory Basis

Provide a clear introductory paragraph stating that the defendant(s) hereby remove this action from the [specific state court name and county] to this federal district court pursuant to 28 U.S.C. §§ 1441(a) and 1446, based on the Class Action Fairness Act, 28 U.S.C. § 1332(d). Identify the specific state court case by its complete caption, case number, and the exact date the original complaint was filed. State the date on which the removing defendant was served with the complaint or summons, establishing the timeline for removal. Include a statement that this Notice is timely filed within 30 days of service as required by 28 U.S.C. § 1446(b).

CAFA Jurisdictional Requirements

Establish federal jurisdiction by demonstrating compliance with all three CAFA requirements in detail. First, address minimal diversity by identifying the citizenship of the named plaintiffs and at least one defendant, showing that at least one plaintiff class member is a citizen of a state different from at least one defendant. For corporate parties, specify both the state of incorporation and principal place of business. Second, demonstrate that the matter in controversy exceeds $5,000,000 in the aggregate, exclusive of interest and costs, by analyzing the complaint's allegations, prayer for relief, and any available discovery or evidence regarding the size and scope of the putative class and individual damages claimed. Third, establish that the action is a "class action" as defined by 28 U.S.C. § 1332(d)(1)(B), with at least 100 putative class members, by citing specific allegations from the complaint regarding class size and composition.

Key points to address:

• Detailed citizenship analysis for all named parties and the proposed class
• Calculation methodology showing the aggregate amount in controversy exceeds $5,000,000
• Evidence of class size meeting the 100-member threshold
• Analysis of why no CAFA exceptions apply (such as the local controversy or home state exceptions)
• Citation to relevant case law supporting jurisdictional calculations and interpretations

Procedural History and State Court Proceedings

Provide a chronological narrative of all relevant procedural events in the state court action. Begin with the filing date of the original complaint and describe the nature of the claims asserted, including the specific causes of action alleged (e.g., breach of contract, consumer protection violations, fraud). Detail the service of process on each defendant, including exact dates and methods of service. Summarize any responsive pleadings, motions, or other filings made in state court prior to removal. If applicable, explain any amendments to the complaint or other developments that triggered or affected the timing of removal. This section should demonstrate a complete understanding of the state court record and establish the procedural posture at the time of removal.

Timeliness and Procedural Compliance

Affirmatively establish that this Notice of Removal is timely filed under the applicable provisions of 28 U.S.C. § 1446(b). If removal is based on the initial pleading, confirm that the notice is filed within 30 days of service of the summons and complaint. If removal is based on a later-received paper (such as an amended complaint, discovery response, or other document from which removability first became apparent), explain what information was contained in that document that established removability and confirm filing within 30 days of receipt. Address the one-year limitation period under § 1446(c)(1) if applicable, or explain why the bad faith exception applies if removal occurs more than one year after commencement. Include specific dates and calculations to demonstrate compliance with all deadlines.

Consent of All Defendants

State clearly that all defendants who have been properly joined and served in the action consent to and join in this Notice of Removal, satisfying the unanimity requirement of 28 U.S.C. § 1446(b)(2)(A). If multiple defendants exist, either have all defendants join as signatories to this single notice or attach written consents from all other served defendants. If any defendant has not yet been served, explain that the unanimity requirement applies only to served defendants and identify which defendants remain unserved. Address any potential issues regarding the timing of consent, ensuring that all defendants provided consent within the 30-day removal period. If the removing defendant is the only served defendant at the time of removal, state this explicitly.

Absence of Other Jurisdictional Bases

Clarify that removal is predicated solely on CAFA's minimal diversity jurisdiction under 28 U.S.C. § 1332(d) and not on federal question jurisdiction under 28 U.S.C. § 1331 or any other basis for removal. Explain that while the complaint may reference federal statutes or regulations, no federal cause of action is asserted that would independently support federal question jurisdiction. This section should preemptively address any arguments that removal is improper by confirming that CAFA provides an independent and sufficient basis for federal jurisdiction. If applicable, distinguish this case from situations where federal preemption or other doctrines might create federal question jurisdiction.

Exhibits and Attachments

Identify and describe all documents attached as exhibits to this Notice of Removal, which must include true and correct copies of all process, pleadings, and orders served on the removing defendant in the state court action. At minimum, attach the following as separately labeled exhibits: (A) the state court complaint or petition, including all exhibits thereto; (B) the summons or other service documents; (C) a copy of the state court docket sheet showing all filings and proceedings to date; and (D) any other relevant documents such as amended complaints, answers, or motions filed in state court. If consent documents from other defendants are not included in the signature block, attach them as additional exhibits. Provide a brief description of each exhibit's relevance to establishing jurisdiction or procedural compliance.

Key exhibits to include:

• Complete state court complaint with all attachments
• Proof of service documents for all defendants
• Current state court docket sheet or register of actions
• Written consents from all served defendants (if not signing this notice)
• Any amended pleadings or papers triggering removal

Prayer for Relief and Conclusion

Conclude with a formal prayer for relief requesting that this Court: (1) accept and acknowledge this Notice of Removal as properly filed; (2) recognize and exercise jurisdiction over this action pursuant to CAFA; (3) deny any motion to remand that may be filed by plaintiffs; and (4) grant such other and further relief as the Court deems just and proper. Include a statement that the removing defendant will promptly file a copy of this Notice with the clerk of the state court and serve all parties as required by 28 U.S.C. § 1446(d). The conclusion should be professional and concise while ensuring all procedural requirements are addressed.

Signature Block and Certification

Include a properly formatted signature block containing the attorney's full name, bar number, law firm name, complete mailing address, telephone number, facsimile number, and email address. The signature block must identify the party or parties represented. Include a certification statement pursuant to Federal Rule of Civil Procedure 11, affirming that the attorney has conducted a reasonable inquiry and that the notice is well-grounded in fact and warranted by existing law. Ensure compliance with any local court rules regarding electronic filing signatures, attorney registration requirements, or pro hac vice limitations. Date the document with the actual filing date.

Critical Legal Considerations

Throughout the document, maintain strict accuracy regarding all factual assertions and legal citations. Be particularly careful with jurisdictional calculations, as courts strictly construe removal statutes and any ambiguities are resolved against removal. Ensure that the amount in controversy calculation is supported by specific allegations or evidence, not mere speculation. Consider potential CAFA exceptions under 28 U.S.C. § 1332(d)(4) (local controversy exception) and § 1332(d)(3) (home state exception), and affirmatively address why they do not apply if there is any possibility they might be raised. Remember that the burden of establishing federal jurisdiction rests with the removing party, and all factual assertions must be supported by the record or reasonable inference therefrom.

The final document should be professionally formatted, thoroughly proofread, and ready for filing with the federal district court. It must be persuasive yet objective, demonstrating clear entitlement to removal while anticipating and addressing potential challenges to jurisdiction or procedural compliance.