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4.
BRISTOL, SS SUPERIOR CO
URT
FILED COMMONWEALTH OF MASSACHUSETTS
JUL - 2 2024
BRISTOL, ss SUPERIOR COURT DEPARTMENT
MARC J SANTOS, ESQ. OF THE TRIAL CouRT
CLERK/MAGISTRATE
KRISTI FRADE,
PLAINTIFF,
Vv. CIVIL ACTION NO. 2173-CV-00382-C
LUXOTTICA OF AMERICA, INC.,
DEFENDANT.
NOTICE OF FILING NOTICE OF REMOVAL
Pursuant to 28 U.S.C. §§ 1441 and 1446, the Defendant, Luxottica of America Inc.
hereby gives notice to the Superior Court of Bristol County, Massachusetts and the attorneys for
Kristi Frade that on July 2, 2021 the Defendant filed a Notice of Removal, thereby removing this
action to the United States District Court for the District of Massachusetts. A copy of the Notice
of Removal reflecting the ECF filing is attached to this Notice.
Respectfully submitted,
LUXOTTICA OF AMERICA INC.,
By its attorneys,
/s/ Stephen T. Melnick
Stephen T. Melnick (BBO #667323)
LITTLER MENDELSON, P.C.
One International Place, Suite 2700
Boston, MA 02110
Phone 617.378.6000
Fax 617.737.0052
smelnick@littler.com
Dated: July 2, 2021
CERTIFICATE OF SERVICE
« I, Stephen T. Melnick, hereby certify that on July 2, 2021, a true and accurate copy of the
foregoing document was filed through the Massachusetts Odyssey File and Serve system and
was served via email and first-class mail on the following:
Michael O. Shea, Esq.
LAW OFFICE OF MICHAEL O. SHEA, P.C.
3 Crane Park Drive, Suite 7
Wilbraham, MA 01095
owenshea@aol.com
/s/ Stephen T. Melnick
Stephen T. Melnick
4843-9771-9280.1 /079347-1045
Case 1:21-cv-11101-IT Document1 Filed 07/02/21 Page 1of5
.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
a
KRISTI FRADE, 2
Plaintiff
t35,
a
v. sy fs Cleri
SI ee
LUXOTTICA OF AMERICA, INC., Sle o71o21021
Defendant.
NOTICE OF REMOVAL
Defendant Luxottica of America Inc., files this Notice of Removal in accordance with 28
USS.C. §§ 1332, 1441, and 1446 and hereby removes this action from the Bristol County Superior
Court to the United States District Court for the District of Massachusetts. As grounds for removal,
Defendant states as follows:
1 On or about May 20, 2021, Plaintiff Kristi Frade filed a lawsuit in the Bristol
County Superior Court, entitled Kristi Frade v. Luxottica of America, Inc., Docket No.
2173CV00382-C (the “State Court Action”).
2 Defendant was served with process of the Complaint and Summons on June 15,
2021. A true and correct copy of the Summons, Complaint and Civil Action Cover Sheet is
attached as Exhibit A and constitutes all processes, pleadings and orders served upon Defendant
in.this action to the present date. 28 U.S.C. § 1446(a).
3 Accordingly, this Notice of Removal is timely. See 28 U.S.C. § 1446(b).
4 This Court has diversity jurisdiction over the State Court Action pursuant to 28
US.C. § 1332 because the parties are citizens of different states and the amount in controversy
exceeds the sum or value of $75,000.00, exclusive of interest and costs.
Case 1:21-cv-11101-IT Document1 Filed 07/02/21 Page 2 of 5
5 Plaintiff is a citizen of North Dartmouth, Massachusetts in Bristol County. Compl.
.
ql
6 Defendant Luxottica of America Inc. is an Ohio corporation with a principal place
of business in Mason, Ohio.
7. For diversity jurisdiction purposes, a corporation is deemed a citizen of its state of
incorporation and the state or foreign state where it has its principal place of business. 28 U.S.C.
§ 1332(c)(1). A corporation’s principal place of business is “the place where the corporation’s
high level officers direct, control, and coordinate the corporation’s activities,” its “nerve
center,” which is typically a corporation’s headquarters. Hertz Corp. v. Friend, 559 U.S.77, 130
S. Ct. 1181, 1186 (2010). Defendant is a corporation organized under the laws of the State of
Ohio, with a principal! place of business and headquarters in Mason, Ohio. Thus, there is complete
diversity among the parties.
8 Diversity of citizenship existed between the parties at the time Plaintiff's Complaint
was filed. Diversity of citizenship continues to exist at the time this Notice of Removal is being
filed.
9. Where the removal is based on diversity of citizenship and the initial pleading seeks
a money judgment but does not demand a specific sum, “the notice of removal may assert the
amount in controversy,” 28 US.C. § 1446(c)(2), and a removing defendant “need include only a
plausible allegation that the amount in controversy exceeds the jurisdictional threshold.” Dart
Cherokee Basin Operating Co. v. Owens, 135 S. Ct. 547, 554 (2014). ,
10. Plaintiff asserts claims against Defendant for sexual harassment, sex/gender
discrimination and harassment, and retaliation in violation of M.G.L. c. 151B. Compl. ff 20-32.
Case 1:21-cv-11101-IT Document1 Filed 07/02/21 Page 3 of 5
lL. Plaintiff alleges wrongful termination. Compl. { 31. Under M.G.L. c. 151B,
-
Plaintiff can recover back pay and front pay.
12, Plaintiff formerly made $24.17/hour or $50,273.60 annually.
13. There is a reasonable probability that Plaintiff's back pay through the expected date
of judgment in this case exceeds $75,000.
14. Damages under M.G.L. c. 151B can also include emotional distress. There are no
limits on emotional distress damages in Massachusetts, and such awards can be considerable.
There is a reasonable probability that Plaintiff's claims for emotional distress could exceed
$75,000.
15. Attorneys’ fees are also available under M.G.L. c. 151B. There is a reasonable
probability that Plaintiff's attorneys’ fees will exceed $75,000.
16. Without admitting liability or that Plaintiff is entitled to any damages, Defendant
~
states that, given the nature of the potential damages available to Plaintiff under the Complaint,
-
there is more than a reasonable probability that the amount in controversy in this case exceeds
$75,000.00, exclusive of interests and costs. Accordingly, this Court has jurisdiction over the
Pending Action pursuant to 28 U.S.C. § 1332(a).
17. The Pending Action is properly removed to this Court under 28 USS.C. §§ 1441 and
1446 because it is pending in Bristol County Superior Court, Massachusetts, which lies within this
District.
18. A true and complete copy of this Notice of Removal has been electronically filed
this day through the Massachusetts Odyssey File and Serve system, together with the Notice of
Filing of Notice of Removal upon the Bristol County Superior Court for filing in accordance with
Case 1:21-cv-11101-IT Document1 Filed 07/02/21 Page 4 of5
28 U.S.C. § 1446(d). A copy of the Notice of Filing of Notice of Removal is attached hereto as
Exhibit B.
19. This Notice of Removal and a Notice of Filing of Notice of Removal have also been
served this day via email and first-class mail upon Plaintiff.
20. . Defendant reserves all defenses, including defenses as to sufficiency of service of
process, personal jurisdiction, and arbitration.
WHEREFORE, Defendant respectfully requests that the State Court Action be removed
and hereinafter proceed in the United States District Court for the District of Massachusetts.
Respectfully submitted,
LUXOTTICA OF AMERICA INC.,
By its attorneys,
/s/ Stephen T. Melnick
Stephen T. Melnick (BBO No. 667323)
LITTLER MENDELSON, P.C.
One International Place, Suite 2700
Boston, MA 02110
(617) 378-6000 (t)
(617) 737-0052 (f)
smelnick@littler.com
Dated: July 2, 2021
Case 1:21-cv-11101-IT Document1 Filed 07/02/21 Page 5of5
CERTIFICATE OF SERVICE
I hereby certify that on this 2nd day of July 2021, a true copy of the foregoing Notice of
Removal was filed electronically through the Court’s CM/ECF system, is available for viewing
and downloading from the ECF system, will be sent electronically to counsel of record as
registered participants identified on the Notice of Electronic Filing and via first class mail to all
non-registered participants identified on the Notice of Electronic Filing, as well as via email and
first class mail upon counsel of record for Plaintiff:
Michael O. Shea, Esq.
LAW OFFICE OF MICHAEL O. SHEA, P.C.
3 Crane Park Drive, Suite 7
Wilbraham, MA 01095
owenshea@aol.com
/s/ Stephen T. Melnick
Stephen T. Melnick
4835-8 127-1024.1 /079347-1045,
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4. BRISTOL, SS SUPERIOR CO URT FILED COMMONWEALTH OF MASSACHUSETTS JUL - 2 2024 BRISTOL, ss SUPERIOR COURT DEPARTMENT MARC J SANTOS, ESQ. OF THE TRIAL CouRT CLERK/MAGISTRATE KRISTI FRADE, PLAINTIFF, Vv. CIVIL ACTION NO. 2173-CV-00382-C LUXOTTICA OF AMERICA, INC., DEFENDANT. NOTICE OF FILING NOTICE OF REMOVAL Pursuant to 28 U.S.C. §§ 1441 and 1446, the Defendant, Luxottica of America Inc. hereby gives notice to the Superior Court of Bristol County, Massachusetts and the attorneys for Kristi Frade that on July 2, 2021 the Defendant filed a Notice of Removal, thereby removing this action to the United States District Court for the District of Massachusetts. A copy of the Notice of Removal reflecting the ECF filing is attached to this Notice. Respectfully submitted, LUXOTTICA OF AMERICA INC., By its attorneys, /s/ Stephen T. Melnick Stephen T. Melnick (BBO #667323) LITTLER MENDELSON, P.C. One International Place, Suite 2700 Boston, MA 02110 Phone 617.378.6000 Fax 617.737.0052 smelnick@littler.com Dated: July 2, 2021 CERTIFICATE OF SERVICE « I, Stephen T. Melnick, hereby certify that on July 2, 2021, a true and accurate copy of the foregoing document was filed through the Massachusetts Odyssey File and Serve system and was served via email and first-class mail on the following: Michael O. Shea, Esq. LAW OFFICE OF MICHAEL O. SHEA, P.C. 3 Crane Park Drive, Suite 7 Wilbraham, MA 01095 owenshea@aol.com /s/ Stephen T. Melnick Stephen T. Melnick 4843-9771-9280.1 /079347-1045 Case 1:21-cv-11101-IT Document1 Filed 07/02/21 Page 1of5 . UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS a KRISTI FRADE, 2 Plaintiff t35, a v. sy fs Cleri SI ee LUXOTTICA OF AMERICA, INC., Sle o71o21021 Defendant. NOTICE OF REMOVAL Defendant Luxottica of America Inc., files this Notice of Removal in accordance with 28 USS.C. §§ 1332, 1441, and 1446 and hereby removes this action from the Bristol County Superior Court to the United States District Court for the District of Massachusetts. As grounds for removal, Defendant states as follows: 1 On or about May 20, 2021, Plaintiff Kristi Frade filed a lawsuit in the Bristol County Superior Court, entitled Kristi Frade v. Luxottica of America, Inc., Docket No. 2173CV00382-C (the “State Court Action”). 2 Defendant was served with process of the Complaint and Summons on June 15, 2021. A true and correct copy of the Summons, Complaint and Civil Action Cover Sheet is attached as Exhibit A and constitutes all processes, pleadings and orders served upon Defendant in.this action to the present date. 28 U.S.C. § 1446(a). 3 Accordingly, this Notice of Removal is timely. See 28 U.S.C. § 1446(b). 4 This Court has diversity jurisdiction over the State Court Action pursuant to 28 US.C. § 1332 because the parties are citizens of different states and the amount in controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs. Case 1:21-cv-11101-IT Document1 Filed 07/02/21 Page 2 of 5 5 Plaintiff is a citizen of North Dartmouth, Massachusetts in Bristol County. Compl. . ql 6 Defendant Luxottica of America Inc. is an Ohio corporation with a principal place of business in Mason, Ohio. 7. For diversity jurisdiction purposes, a corporation is deemed a citizen of its state of incorporation and the state or foreign state where it has its principal place of business. 28 U.S.C. § 1332(c)(1). A corporation’s principal place of business is “the place where the corporation’s high level officers direct, control, and coordinate the corporation’s activities,” its “nerve center,” which is typically a corporation’s headquarters. Hertz Corp. v. Friend, 559 U.S.77, 130 S. Ct. 1181, 1186 (2010). Defendant is a corporation organized under the laws of the State of Ohio, with a principal! place of business and headquarters in Mason, Ohio. Thus, there is complete diversity among the parties. 8 Diversity of citizenship existed between the parties at the time Plaintiff's Complaint was filed. Diversity of citizenship continues to exist at the time this Notice of Removal is being filed. 9. Where the removal is based on diversity of citizenship and the initial pleading seeks a money judgment but does not demand a specific sum, “the notice of removal may assert the amount in controversy,” 28 US.C. § 1446(c)(2), and a removing defendant “need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold.” Dart Cherokee Basin Operating Co. v. Owens, 135 S. Ct. 547, 554 (2014). , 10. Plaintiff asserts claims against Defendant for sexual harassment, sex/gender discrimination and harassment, and retaliation in violation of M.G.L. c. 151B. Compl. ff 20-32. Case 1:21-cv-11101-IT Document1 Filed 07/02/21 Page 3 of 5 lL. Plaintiff alleges wrongful termination. Compl. { 31. Under M.G.L. c. 151B, - Plaintiff can recover back pay and front pay. 12, Plaintiff formerly made $24.17/hour or $50,273.60 annually. 13. There is a reasonable probability that Plaintiff's back pay through the expected date of judgment in this case exceeds $75,000. 14. Damages under M.G.L. c. 151B can also include emotional distress. There are no limits on emotional distress damages in Massachusetts, and such awards can be considerable. There is a reasonable probability that Plaintiff's claims for emotional distress could exceed $75,000. 15. Attorneys’ fees are also available under M.G.L. c. 151B. There is a reasonable probability that Plaintiff's attorneys’ fees will exceed $75,000. 16. Without admitting liability or that Plaintiff is entitled to any damages, Defendant ~ states that, given the nature of the potential damages available to Plaintiff under the Complaint, - there is more than a reasonable probability that the amount in controversy in this case exceeds $75,000.00, exclusive of interests and costs. Accordingly, this Court has jurisdiction over the Pending Action pursuant to 28 U.S.C. § 1332(a). 17. The Pending Action is properly removed to this Court under 28 USS.C. §§ 1441 and 1446 because it is pending in Bristol County Superior Court, Massachusetts, which lies within this District. 18. A true and complete copy of this Notice of Removal has been electronically filed this day through the Massachusetts Odyssey File and Serve system, together with the Notice of Filing of Notice of Removal upon the Bristol County Superior Court for filing in accordance with Case 1:21-cv-11101-IT Document1 Filed 07/02/21 Page 4 of5 28 U.S.C. § 1446(d). A copy of the Notice of Filing of Notice of Removal is attached hereto as Exhibit B. 19. This Notice of Removal and a Notice of Filing of Notice of Removal have also been served this day via email and first-class mail upon Plaintiff. 20. . Defendant reserves all defenses, including defenses as to sufficiency of service of process, personal jurisdiction, and arbitration. WHEREFORE, Defendant respectfully requests that the State Court Action be removed and hereinafter proceed in the United States District Court for the District of Massachusetts. Respectfully submitted, LUXOTTICA OF AMERICA INC., By its attorneys, /s/ Stephen T. Melnick Stephen T. Melnick (BBO No. 667323) LITTLER MENDELSON, P.C. One International Place, Suite 2700 Boston, MA 02110 (617) 378-6000 (t) (617) 737-0052 (f) smelnick@littler.com Dated: July 2, 2021 Case 1:21-cv-11101-IT Document1 Filed 07/02/21 Page 5of5 CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of July 2021, a true copy of the foregoing Notice of Removal was filed electronically through the Court’s CM/ECF system, is available for viewing and downloading from the ECF system, will be sent electronically to counsel of record as registered participants identified on the Notice of Electronic Filing and via first class mail to all non-registered participants identified on the Notice of Electronic Filing, as well as via email and first class mail upon counsel of record for Plaintiff: Michael O. Shea, Esq. LAW OFFICE OF MICHAEL O. SHEA, P.C. 3 Crane Park Drive, Suite 7 Wilbraham, MA 01095 owenshea@aol.com /s/ Stephen T. Melnick Stephen T. Melnick 4835-8 127-1024.1 /079347-1045,