Aquarium Lawsuit

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE

CHATTANOOGA DIVISION
TIMOTHY SHAWN GUNN, )

MARNI RENEE PEARCE, )
ZACHARY CHANCE TAYLOR )
)
Plaintiffs, )
)
v. ) Case No. _____________________
) (Removed from the Chancery Court
TENNESSEE AQUARIUM . ) of Hamilton County, Tennessee,
) Case No. 22-0532)
Defendant. )
______________________________________________________________________________
NOTICE OF REMOVAL
______________________________________________________________________________
PLEASE TAKE NOTICE that pursuant to 28 U.S.C. §§ 1331 and 1441 et seq., Defendant
Tennessee Aquarium (“the Aquarium”) hereby provides notice of removal of this action from the
Chancery Court of Hamilton County, Tennessee. In support of removal, the Aquarium states as
follows:
1. On July 28, 2022, an action was commenced in the Chancery Court of Hamilton
County, Tennessee, styled Timothy Shawn Gunn, Marni Renee Pearce, and Zachary Chance
Taylor v. Tennessee Aquarium, Case No. 22-0532, alleging a one count claim of discrimination
under the Tennessee Human Rights Act.
2. On March 30, 2023, the Plaintiffs filed a Motion to Amend their Complaint and
attached a proposed Amended Complaint asserting an additional federal claim of racial
discrimination under 42 U.S.C. § 1981.
3. Plaintiff’s Motion to Amend was granted by the Chancery Court on April 14, 2023,
and Plaintiffs’ Amended Complaint was officially filed as the Operative Complaint on April 21,
Case 1:23-cv-00105-CLC-CHS Document 1 Filed 04/28/23 Page 1 of 4 PageID #: 1

2023.
4. The Aquarium received notice of the initial action via service of the Complaint
through Summons issued July 28, 2022 and served on the Aquarium, via its registered agent, on
September 13, 2022. The Aquarium was served with the Amended Complaint asserting federal
claims on April 18, 2023. Pursuant to 28 U.S.C. § 1446(a), copies of process, pleadings and orders
served upon the Aquarium in this action are attached hereto as Exhibit A.
3. The Aquarium is filing this Notice of Removal within thirty (30) days of the filing
of the Amended Complaint that asserts federal claims over which this court has original
jurisdiction. This Notice of Removal is timely filed under 28 U.S.C. § 1446(b)(3).
4. This action is removed on the basis of federal question jurisdiction pursuant to 28
U.S.C. §§ 1331 and 1441(c). Plaintiffs have pleaded claims, through their Amended Complaint,
under 42 U.S.C. § 1981. (Am. Compl. at ¶¶ 25-30).
5. This action is one that may be removed to this Court pursuant to 28 U.S.C. §
1441(a) because the Plaintiffs’ § 1981 claim is one in which the district courts have original
jurisdiction pursuant to 28 U.S.C. § 1331. Plaintiff’s remaining state claims under the Tennessee
Human Rights Act, T.C.A. § 4-21-101, et seq., are also removable, as the district courts have
supplemental jurisdiction over this claim pursuant to 28 U.S.C. § 1367.
8. Pursuant to 28 U.S.C. § 1446(d), copies of this Notice of Removal are being served
on Plaintiffs’ counsel and upon the Chancery Clerk for Hamilton County, Tennessee. A copy is
attached hereto as Exhibit B.
9. Venue is proper pursuant to 28 U.S.C. § 1441(a) in the United States District Court
for the Eastern District of Tennessee, Chattanooga Division, which embraces Hamilton County,
Tennessee, the place where the state court action was pending.

By filing this Notice of Removal, the Aquarium does not waive, either expressly or
impliedly, its respective rights to assert any defense it could have asserted in the Chancery Court
of Hamilton County, Tennessee, to the United States District Court for the Eastern District of
Tennessee. The Aquarium reserves the right to amend or supplement this Notice of Removal.
s/Mark E. Stamelos
Mark E. Stamelos (TN 021021)
Paige M. Lyle (TN 032959)
FORDHARRISON LLP
150 Third Ave South, Suite 2010
Nashville, Tennessee 37201
Telephone: (615) 574-6700
Facsimile: (615) 574-6701
mstamelos@fordharrison.com
plyle@fordharrison.com
Counsel for Defendant

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Notice of Removal has been served via the
Court’s CM/ECF system and electronic mail this the 28th day of April, 2023, upon:
R. Ethan Hargraves
Massey & Associates
6400 Lee Highway, Suite 1010
Chattanooga, TN 37421
ethan@masseyattorneys.com
Counsel for Plaintiffs
s/ Mark E. Stamelos

Exhibit A
Case 1:23-cv-00105-CLC-CHS Document 1-1 Filed 04/28/23 Page 1 of 34 PageID #: 5

Exhibit B

IN THE CHANCERY COURT OF HAMILTON COUNTY, TENNESSEE

)
Plaintiffs, )
)
v. ) Case No. 22-0532
)
TENNESSEE AQUARIUM )
)
Defendant. )
______________________________________________________________________________
NOTICE OF FILING NOTICE OF REMOVAL

______________________________________________________________________________
PLEASE TAKE NOTICE that Defendant Tennessee Aquarium has removed this action to
the United States District Court for the Eastern District of Tennessee, Chattanooga Division. A
copy of the Notice of Removal filed in the United States District Court for the Eastern District of
Tennessee is attached hereto as Exhibit 1.
s/Mark E. Stamelos
FORDHARRISON LLP
Telephone: (615) 574-6700
Facsimile: (615) 574-6701

I hereby certify that a copy of the foregoing Notice of Removal has been served via
electronic mail this the 28th day of April, 2023, upon:
R. Ethan Hargraves
Massey & Associates
s/ Mark E. Stamelos

Timothy Shawn Gunn, Marni Renee Pearce,
Tennessee Aquarium
Zachery Chance Taylor
Hamilton
Mark E. Stamelos and Paige M.

R. Ethan Hargraves, Massey & Associates, Lyle, FordHarrison, 150 3rd Ave S. #2010,
6400 Lee Hwy #1010, Chattanooga, TN 37421 Nashville, TN 37201, 615-574-6700
x
x x
42 USC Section 1981
4/28/23 s/Mark E. Stamelos

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
CHATTANOOGA DIVISION

)
Plaintiffs, )
)
v. ) Case No. _____________________
) (Removed from the Chancery Court
TENNESSEE AQUARIUM . ) of Hamilton County, Tennessee,
) Case No. 22-0532)
Defendant. )
______________________________________________________________________________
DEFENDANT’S CORPORATE DISCLOSURE

______________________________________________________________________________
I, the undersigned, counsel of record for Defendant Tennessee Aquarium, certify to the best
of my knowledge and belief that my client is a non-profit and has no corporate interests to be
identified under Federal Rule of Civil Procedure 7.1.
s/Mark E. Stamelos
FORDHARRISON LLP
Telephone: (615) 574-6700
Facsimile: (615) 574-6701

I hereby certify that a copy of the foregoing has been served via the Court’s CM/ECF
system and electronic mail this the 28th day of April, 2023, upon:
R. Ethan Hargraves
Massey & Associates
s/ Mark E. Stamelos

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TENNESSEE

TIMOTHY SHAWN GUNN, )

under the Tennessee Human Rights Act.

attached a proposed Amended Complaint asserting an additional federal claim of racial

discrimination under 42 U.S.C. § 1981.

Case 1:23-cv-00105-CLC-CHS Document 1 Filed 04/28/23 Page 1 of 4 PageID #: 1

jurisdiction. This Notice of Removal is timely filed under 28 U.S.C. § 1446(b)(3).

4. This action is removed on the basis of federal question jurisdiction pursuant to 28

under 42 U.S.C. § 1981. (Am. Compl. at ¶¶ 25-30).

supplemental jurisdiction over this claim pursuant to 28 U.S.C. § 1367.

attached hereto as Exhibit B.

Case 1:23-cv-00105-CLC-CHS Document 1 Filed 04/28/23 Page 2 of 4 PageID #: 2

Counsel for Defendant

Case 1:23-cv-00105-CLC-CHS Document 1 Filed 04/28/23 Page 3 of 4 PageID #: 3

Counsel for Plaintiffs

Case 1:23-cv-00105-CLC-CHS Document 1 Filed 04/28/23 Page 4 of 4 PageID #: 4

Case 1:23-cv-00105-CLC-CHS Document 1-1 Filed 04/28/23 Page 1 of 34 PageID #: 5

Case 1:23-cv-00105-CLC-CHS Document 1-2 Filed 04/28/23 Page 1 of 3 PageID #: 39

TIMOTHY SHAWN GUNN, )

NOTICE OF FILING NOTICE OF REMOVAL

Tennessee is attached hereto as Exhibit 1.

Counsel for Defendant

Case 1:23-cv-00105-CLC-CHS Document 1-2 Filed 04/28/23 Page 2 of 3 PageID #: 40

electronic mail this the 28th day of April, 2023, upon:

Counsel for Plaintiffs

Case 1:23-cv-00105-CLC-CHS Document 1-2 Filed 04/28/23 Page 3 of 3 PageID #: 41

Mark E. Stamelos and Paige M.

42 USC Section 1981

4/28/23 s/Mark E. Stamelos

TIMOTHY SHAWN GUNN, )

DEFENDANT’S CORPORATE DISCLOSURE

identified under Federal Rule of Civil Procedure 7.1.

Counsel for Defendant

Case 1:23-cv-00105-CLC-CHS Document 1-4 Filed 04/28/23 Page 1 of 2 PageID #: 44

Counsel for Plaintiffs

Case 1:23-cv-00105-CLC-CHS Document 1-4 Filed 04/28/23 Page 2 of 2 PageID #: 45

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