Notice of Removal Filed by Emma Gabbey and Others in Tate Lawsuit
Defendants Emma Gabbey, Mona Tabara Gabbey, William Gabbey, Aliona Untila, and Matthieu Martelly filed a notice of removal to transfer a lawsuit initiated by Andrew and Tristan Tate from Florida state court to the U.S. District Court for the Southern District of Florida. The lawsuit alleges defamation and other claims related to a Romanian investigation.
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Background of the Lawsuit
Andrew and Tristan Tate filed a lawsuit in Florida state court on July 11, 2023, against Emma Gabbey, Mona Tabara Gabbey, William Gabbey, Aliona Untila, and Matthieu Martelly. The lawsuit alleges defamation, defamation per se, commercial defamation, false imprisonment, tortious interference with business relationships, civil conspiracy, and intentional and negligent infliction of emotional distress. The plaintiffs claim these actions are connected to a Romanian investigation into sex trafficking and other crimes. They seek $5 million in damages, alleging the defendants’ actions were retaliatory and aimed at harming their reputation and business interests.
Supported by PDF pages 1, 2Defendants’ Response and Removal
The defendants filed a notice of removal on August 14, 2023, seeking to transfer the case to federal court. They argue the case meets the requirements for federal jurisdiction under 28 U.S.C. § 1332 due to diversity of citizenship and the amount in controversy exceeding $75,000. The defendants deny liability and assert the lawsuit is an attempt to retaliate against them for cooperating with the Romanian investigation. They maintain that their actions were aimed at preserving the safety of Emma Gabbey and Aliona Untila and deny any wrongdoing.
Supported by PDF pages 1, 2, 3Procedural Steps in Removal
The defendants attached copies of all state court documents, including the complaint and amended complaint, as required by 28 U.S.C. § 1446. They also filed a civil coversheet and a notice to the state court clerk. The defendants stated they had not yet responded to the complaint in state court, except for requesting additional time to file a response. They emphasized that the notice of removal was timely, having been filed within 30 days of service of the complaint.
Supported by PDF pages 2, 3Jurisdictional Arguments
The defendants argue that federal jurisdiction is proper because the plaintiffs reside in Romania, while some defendants reside in the United States and others outside the U.S. They emphasize the $5 million damages claim exceeds the federal threshold. All defendants consented to the removal, and they assert the case meets the requirements of 28 U.S.C. §§ 1332 and 1441. They also note that the state court where the lawsuit was filed lies within the Southern District of Florida, making removal procedurally appropriate.
Supported by PDF pages 3, 4Service and Filing Details
The defendants state that Mona and William Gabbey were served with the complaint on July 17, 2023, while Emma Gabbey, Aliona Untila, and Matthieu Martelly had not been served as of the filing of the notice of removal. The defendants also certified that they served copies of the notice on the plaintiffs’ attorneys via email on August 14, 2023. They included a certificate of service detailing the email addresses and law firms of the plaintiffs’ attorneys.
Supported by PDF pages 2, 5Defendants’ Disclosures and Exhibits
The defendants stated they would file disclosures pursuant to Federal Rule of Civil Procedure 7.1(a)(2) separately once the federal case was opened. They attached a copy of these disclosures as Exhibit C. Additionally, they filed a civil coversheet, attached as Exhibit D, and a notice to the state court clerk, attached as Exhibit B. These documents were included to comply with procedural requirements for removal.
Supported by PDF pages 3, 4Document record
- Document type
- Other court document
- Category
- Civil
- Publication date
- 2023-08-14
- Court or office
- Not stated by source
- Case number
- 9:23-cv-81150
- Collected
- 2026-11-13
- Original filename
- gov.uscourts.flsd.652402.1.0.pdf
Source & integrity
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