hendrickson v. ace american insurance et al notice of removal

7/29/2019 HENDRICKSON v. ACE AMERICAN INSURANCE et al Notice of Removal

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Case 5:13-cv-00562-EEF-MLH Document 1 Filed 03/15/13 Page 1 of 7 PagelD #: 1

UNITED STATES DISTRICT COURTWESTERN DISTRICT OF LOUISIANA

SHREVEPORT DIVISION

CYNTHIA HENDRICKSON, INDIVIDUALLY CIVIL ACTION NO.:AND ON BEHALF OF HER MINOR CHILDREN,BRANNON LORMAND AND BRITTAINY JUDGE:HENDRICKSONPlaintiffs MAG:VERSUS NOTICE OF REMOVAL(DIVERSITY) AND FORACE AMER ICAN INSURANCE COMPAN Y, JURY TRIALCETC O OILFIELD SERVICES COM PANY , LLC , By defendants.AND JONATHA N RODGERS Removed fromDefendants the 42nd Judicial District Court forthe Parish of De SotoState of LouisianaCase No. 00074501Division: A

NOTICE OF REMOVAL

PLEASE TAKE NOTICE that pursuant to 28 U.S.C. 1441 and 1446, defendants,Ace American Insurance Company, a foreign insurer, and CETCO Oilfield Services Company,LLC, a foreign limited liability company organized under the laws of the State of Delaware,remove to this Court the state-court action described in Paragraph 1 below.

THE REMOVED CASE1.

The removed case is a civil suit filed on or about February 25, 2013 in the 42nd JudicialDistrict Court for the Parish of De Soto entitled "Cynthia Hendrickson, individually and onbehalf of her minor children, Brannon Lormand and Brittainy Hendrickson v. Ace American


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Case 5:13-cv-00562-EEF-ML H Document 1 Filed 03/15/13 Page 2 of 7 PagelD #: 2

Insurance Company, CETCO Oilfield Services Company, LLC, and Jonathan Rodgers," andassigned Case Numb er 00074501, Division A.

PAPERS FROM REMOVED ACTION2.

As required by 28 U.S.C. 1446(a), attached as Exhibit 1 are copies of all processes,pleadings, and orders in the case, served on defendants.

CONSENT TO REMOVAL3.

Ace American Insurance Company and CETCO Oilfield Services Company, LLC arerepresented by undersigned counsel and consent to this removal. Jonathan Rodgers, allegedly aTexas domiciliary, has not been served, nor has he made an appearance in the state-courtproceeding. Therefore, his consent is not necessary to effect this removal. Further, as Mr.Rodgers has not been served and has not made an appearance, this Court may ignore thedomicile of Mr. Rodgers for purposes of this removal. See 28 U .S.C. 1441(b).

THIS REMO VAL IS TIMELY4.

The first date upon which any defendant received a copy of the Petition for Damages inthe removed case was on or about March 5 , 2013. Ace American Insurance Company was servedpersonally with the Petition for Damages and summons via hand delivery of same to its agent forservice of process by an East Baton Rouge Sheriffs Deputy. This Notice of Removal is filedwithin 30 days of that service and, therefore, is timely pursuant to 28 U.S.C. 1446(b).


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THE AMOUNT IN CONTROVERSY REQUIREMENT IS MET5.

Plaintiffs Petition alleges serious personal injuries to Cynthia Hendrickson and loss ofservices and society to her minor children, Brannon Lormand and Brittainy Hendrickson, causedby defendants. Plaintiff claims her injuries are serious and will require future medical treatment.Plaintiff alleges that because of her personal injuries, she has suffered and will continue to sufferthe following damages:

A. Physical pain and suffering (past, present, and future);B. Mental pain and anguish (past, present, and future);C. Med ical expenses (past, present, and future);D. Loss of enjoyment of life (past, present, and future);E. Loss of earning capacity;F. Lost wages (past and future);G. Surgical scarring; andH. Physical disability and limitation of activities, hobbies, and endea vors.

These damages are claimed by the plaintiff herein. It is therefore apparent that theamount in controversy in this action exceeds $75,000.00, exclusive of interest and costs,although defendants specifically deny liability for any amount.1

6.Plaintiff did not state any specific dollar amount to which she believes she would be

entitled if she were victorious in this suit.7.

Plaintiffs are specifically forbidden by Louisiana law from praying for a specificmonetary amount in a Petition for Damages. See La. Code Civ. Pro. Art. 893(A)(1). Further, inLouisiana, plaintiffs are to be awarded all damages to which they are entitled under the facts and' The allegations of the amou nt in controve rsy should not be construed as an admission of liability or anestimate of actual damages allegedly sustained by plaintiff. Such allegations are recited herein merely topoint out that the jurisdictional amount for diversity cases is met in this particular matter.


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the law of the specific case, regardless of whether such damages are specifically prayed for in thePetition and regardless of whether the plaintiff prayed for general and / or equitable relief. SeeLa. Code C iv. Pro. Art. 862.

8.A review of Louisiana jurisprudence provides that awards for pain and suffering and

other compensatory damages in suits similar to the instant matter easily exceed the federaljurisdictional amount in controversy requirement, should plaintiff actually succeed in this suit.

9.In the instant matter, Cynthia Hendrickson alleges she sustained serious personal injuries

including "injuries to the neck, back, left shoulder, [and] head." See Petition at f 15. Specifically,plaintiff alleges she sustained injuries including "intermediated paresthesia of the [fifth] digit ofthe left hand;" disc herniations at C5-6 and C6-7; and an L4-5 disc bulge. Id . Upon informationand belief, plaintiff has undergone a surgical procedure to the left ulnar nerve, allegedly relatedto the accident sued upon. Upon information and belief, plaintiff was treating at the time suit wasfiled and it is possible that medical treatment may continue into the foreseeable future. Theplaintiffs last demand to defendants was well in excess of $100,000.00. Clearly, whe n the Courtconsiders the allegations of injury asserted by plaintiff, it is evident defendants have establishedthat if plaintiff is successful in the prosecution of this matter, her award would likely total a sumgreater than $75,000.00.


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THE VENUE REQUIREMENT IS MET10.

Venue of this removal action is proper pursuant to 28 U.S.C. 1442(a) as this Court isthe United States District Court for the district and division corresponding to the place where thestate-court action was pen ding.

THE BA SIS FOR FEDERAL JURISDICTION11.

This is a civil action that falls under this Court's original jurisdiction pursuant to 28U.S.C. 1332 (diversity of citizenship) and may be removed to this Court by the defendantspursuant to 28 U.S.C. 1441(b).

DIVERSITY JURISDICTION EXISTS12.

It is believed that the plaintiffs and all proper defendants are, and at all material timeswere, citizens and dom iciliaries of different states of the United S tates of America.

13.Plaintiff and her minor children are domiciled in the Parish of De Soto, State of

Louisiana. See Petition for Damages.14.

Defendant, Ace American Insurance Company, is a foreign insurance corporation that isincorporated and exists by virtue of the laws of the State of Pennsylvania. Its principal place ofbusiness is located in Philadelphia, Pennsylvania. At all material times, it was, and remains,authorized to do and doing business in the State of Louisiana and w ithin this Cou rt's jurisdiction.


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It has appointed the Louisiana Secretary of State as its agent for service of process in the State ofLouisiana.

15.Defendant, CETCO Oilfield Services Company, LLC, is a foreign limited liability

company that is organized and exists by virtue of the laws of the State of Delaware. Its principalplace of business is located in Hoffman Estates, Illinois. CETCO's sole member is ColloidEnvironmental Technologies Company, LLC, a limited liability company that is organized andexists by virtue of the laws of the State of Delaware with its principal place of business located inHoffman Estates, Illinois. At all material times, CETCO was, and remains, authorized to do anddoing business in the State of Louisiana and within this Court's jurisdiction. It has appointedC.T. Corporation System, located at 5615 Corporate Blvd., Suite 400B, Baton Rouge, Louisiana70808, at its Louisiana registered agent for service of process.

16.Defendant, Jonathan Rodgers, is allegedly a T exas dom iciliary. See Petition for Damages.

He has not been served, nor has he made an appearance in the state-court proceeding. As Mr.Rodgers has not been served and has not made an appearance, this Court may ignore hisdomicile for purposes of this removal. See 28 U.S.C. 1441(b). However, even if considered,Mr. Rodgers is alleged to be a Texas domiciliary.

CONCLUSION17.

Defendants, Ace American Insurance Company and CET CO Oilfield Services Company,LLC, properly remove to this Court, from the 42 nd Judicial District Court for the Parish of DeSoto, State of Louisiana, the Louisiana state-court case entitled "Cynthia Hendrickson,


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Case 5:l3-cv-0 0562 -EE F-M LH Document 1 Filed 03/15/13 Page 7 of 7 PagelD #: 7

individually and on behalf of her minor children, Brannon Lormand and Brittainy Hendricksonv. Ace American Insurance Company, CETCO Oilfield Services Company, LLC, and JonathanRodgers," and assigned Case Num ber 00074 501, Division A.

DEMAND FOR JURY TRIAL18.

Defendants request a trial by jury on issues triable thereto.19.

Defendants reserve the right to amend and / or supplement this Notice of Removal.

CERTIFICATE OF SERVICEI hereby certify a copy of theforegoing has been served upon allcounsel of record, or the parties, viafacsimile, electronic mail, or U.S.Mail, properly addressed and firstclass postage pre-paid, this 15 th dayof March, 2013 .

Respectfully submitted:SUTTERFIELD & WEBB, LLC

^COTT T. WINSTEAD (#27690)LAKE N N. DAV IS (#33796)650 Poydras Street, Suite 2715New Orleans, Louisiana 70130Telephone: (504) 598-2715Facsimile: (504) 529-7197swinstead(S>[email protected] FOR ACE AMERICANINSURANCE COMPANY AND CETCOOILFIELD SERVICES COMPANY,LLC.
http://swslaw.com/mailto:[email protected]:[email protected]://swslaw.com/

hendrickson v. ace american insurance et al notice of removal

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