Continuing our walkthrough of the Bragg vs Linden Lab filings, Linden Lab acknowledges the receipt of the original filing "on or about" 10 October, and have apparently retained Reed Smith LLP to act for them. On November 7 they made a 'timely' notice of their own (within 30 days of receipt in this case).Linden Lab's filing is a notice of removal, on jurisdictional grounds. They argue that the state court does not have the jurisdiction to handle the case.
The original complaint was filed with the Court of Common Pleas of Chester County, Pennsylvania. This filing requests that it be moved to the United States District Court for the Eastern District of Pennsylvania (a federal court) because the Court of Common Pleas does not have jurisdiction.
Linden Lab's reasoning is that they can do arithmetic, and that the parties are in different states. Firstly, Bragg is a resident of Pennsylvania (Chester County), while Linden Lab is incorporated under Delaware law, and operates from California, and Philip Rosedale is a resident of California.
Then we get to the arithmetic part. Linden Lab and counsel have read through the claims and point out that -- what with the property, the value of the property, Bragg's Linden account balance, auction fees, actual damages, treble damages and/or punitive damages, statutory damages, injunctive relief and counsel fees -- that Bragg is seeking in excess of $75,000 USD in damages, which puts the matter firmly into the bailiwick of a federal court, when coupled with the out-of-state participants.
Here is a full copy of the notice of removal and supporting memorandum, both in PDF form.
1. this bragg person really needs to just grow up and move on...he deserves nothing ...he gets nothing...
No chocolate factory for him...
Posted at 7:16AM on Jan 11th 2007 by Jack Pitts