graves v. ace american insurance company et al notice of removal

8/13/2019 GRAVES v. ACE AMERICAN INSURANCE COMPANY et al notice of removal

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C as e 5:13-cv-031 22 Do cum ent 1 Filed 11/22 /13 P ag e 1 of 4 Pag elD : 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

SHREVEPORT DIVISION

KLARISSA GRAVES § DOCKET NO .

VERSUS 6 JUDGE:

ACE AMERICAN INSURANCE

COMPANY, HAAS & WILKERSON

INSURANCE COM PNAY, INC., SKY

ATTRACTIONS, LLC, MCDONAGH

AM USEM ENTS, INC., and KMG B.V.,

INC. § MA GISTRATE:

DEFENDA NTS' NOTICE OF REMOVAL

COMES NOW into court, through undersigned counsel SKY ATTRACTIONS, LLC, a

M ichigan corporation, defendant herein, who respectfully represents:

1.

Defendant received no tice of plaintiff s captioned lawsuit within less than 30 days of this

filing.

2.

Plaintiff alleges personal injury, including scarring and disfigurement, loss of enjoyment

of life, past and future medical expenses, past and future lost wages, past and future physical

pain and suffering, and past and future men tal anguish distress and suffering. Plaintiff claims

she has been h ospitalized multiple days with multiple fractures and a torn spleen. She claims she

ma y requ ire future surgery. Plaintiff is claiming her damages are excess of $75,000, exclusive of

interests and co sts.



C as e 5:13-cv-031 22 Do cum ent 1 Filed 11/22 /13 P ag e 2 of 4 Pa gelD : 2

Plaintiff is alleged to be a resident and domiciliary of Bossier Parish, Louisiana.

4.

Defendant, Sky Attractions, LLC, is a Michigan corporation, whose corporate

headquarters and principal place of business is in the State of Michigan. McD onagh

Am usements is a d/b/a nam e for Sky Attractions, LLC . Its members are all citizens of M ichigan.

5.

Also named as defendant herein is ACE American Insurance Company. ACE American

Insuran ce Compan y is a Penn sylvania corporation. Its citizenship is deemed the same as its

insured, Sky Attractions, LLC , pursuant to 28 U .S.C. § 1441(c).

6.

Johan Small, Johann Petrus Smit, and Kieran Matthew Fouries are all also named as

defendan ts. On information and belief Small, Smit and Fouries are all citizens of the Republic

of South Africa, and were sued in their respective capacities as employees of Sky Attractions.

Small, Sm it and Fouries hav e not been served.

7.

KMG B.V., Inc. is also nam ed as defendant herein. On information and belief KMG

B.V ., Inc. is an alien corporation w ith its domicile in the Netherlan ds. On information and belief

it is unserved.



C ase 5:13-cv-03122 Docu ment 1 Filed 11/22/13 Pa ge 3 of 4 Pag elD : 3

8.

Haas & W ilkerson, Inc. was also named, but has been dismissed. In any event, on

information and belief Haas & Wilkerson, Inc. is a Kansas corporation with it principal place of

business in the State of Kan sas.

9.

There is complete diversity between plaintiff Klarissa Graves and all named defendants.

10.

Defendant Sky Attractions, LLC, shows it is entitled to remove this suit from the First

Judicial District Court for Caddo Parish, Louisiana to the United States District Court for the

Western District of Louisiana pursuant to the provisions of 28 U.S.C. § 1332 and § 1441.

11.

The only other served defendant, ACE American Insurance Company, consents to

removal.

12.

Upon filing this notice of removal, counsel for appearer will give written notice to

plaintiffs counsel and provide a copy of the notice of removal to the Clerk of Cou rt for the First

Judicial District Court of Caddo Parish, Louisiana.

WHEREFORE, defendant Sky Attractions, LLC prays that this Notice of Removal be

filed, and that the suit entitled Klarissa Graves v ACE American Insurance Company, Haas

Wilkerson Insurance Company, Inc., SIcy Attractions, LLC, McD onagh Amusem ents, Inc. and

K 4G B . V. Inc., number 571,254-A, First Judicial District Court of Caddo Parish, Louisiana, be

removed to the United States District Court for the Western District of Louisiana and that the



Case 5:13-cv-03122 Docum ent 1 Filed 11/22/13 Pa ge 4 of 4 Pag elD : 4

First Judicial District Court for Caddo Parish, Louisiana proceed no further herein unless the

case is subsequently remanded.

Respectfully submitted,

MAYER, SMITH & ROBERTS, L .L.P.

/s/ Steven E. Soileau

Steven E. Soileau, Bar No. 17150

Marcus E. Edwards, Bar. No. 33113

1550 Creswell Avenue

Shreveport, LA 71101

(318) 222-2135 Telephone

318) 222-6420 Facsimile

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above pleading was filed

electronically with the Cleric of Court using the CM/ECF system and will be sent to all Icnown

counsel of record by operation of the court's electronic filing system, e-mail or by placing same

in the United States Mail, properly addressed and with adequate postage prepaid thereon.

Shreveport, Caddo Parish, Louisiana, this 22 nd day of November, 2013.

/s / Steven E. Soileau

OF COUNSEL

graves v. ace american insurance company et al notice of removal

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