Mr. Curry commenced this action in the District Court for the City and County of Denver, State of Colorado
Prepare a 2-3 page case brief on Curry v. MillerCoors. APA format. This project must follow the issue evaluation form provided in the attached file.Jurisdiction and Background
Mr. Curry commenced this
action in the District Court for the City and County of Denver, State of
Colorado, by the filing on June 26, 2012, of a Summons and Complaint.
MillerCoors was served with the Summons and Complaint on August 28, 2012.
MillerCoors removed this case on September 17, 2012 to the United States
District Court for [*2] the
District of Colorado per 28 U.S.C. Â§ 1441 and Â§ 1446 and D.C.COLO.L.Civ.R.
81.1. As fewer than thirty days had elapsed between MillerCoors’s filing a
Notice of Removal and Mr. Curry serving MillerCoors with the Summons and
Complaint, removal was timely under 28 U.S.C. Â§ 1446(b).
Mr. Curry is a citizen
of Colorado. He alleges that he is a current resident in Denver, Colorado.
Compl. Â¶ 1. Moreover, he was an employee of MillerCoors in Colorado for seven
years and maintained a Colorado residence during that time. Compl. Â¶ 5 and Doc.
1-2 Â¶Â¶ 4, 5. Mr. Curry held a Colorado driver’s license and paid taxes in
Colorado. Doc. 1-2 Â¶Â¶ 6, 7. MillerCoors is a citizen of Delaware and of
Illinois. MillerCoors is incorporated in Delaware. Compl. Â¶ 2. MillerCoors’s
principal place of business is in Illinois. Id., Doc. 1-2 Â¶ 8. In the
Complaint, Mr. Curry prays for an amount calculated to compensate him for lost
past and future earnings and other damages allegedly incurred, costs and
attorney fees, the total sum of which Mr. Curry estimates as at least $75,000.
Accordingly, this Court has original jurisdiction per 28 U.S.C. Â§ 1332(a) and
removal is proper per 28 U.S.C. Â§ 1441(b). MillerCoors has [*3] complied with the applicable
requirements of 28 U.S.C. Â§ 1446(b) and (c).
to the Complaint, Mr. Curry, a man suffering from hepatitis C, osteoarthritis
and pain, is licensed by the State of Colorado to use medical marijuana
pursuant to the Medical Marijuana Amendment, Colo. Const. Art. XVIII, Â§ 14. Mr.
Curry alleges that he used marijuana within the limits of the license, never
used marijuana on MillerCoors’s
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