rhonda montoya v. ace american insurance company notice of removal and complaint for declaratory...

8/6/2019 RHONDA MONTOYA v. ACE AMERICAN INSURANCE COMPANY Notice of Removal and Complaint for Declaratory Judg

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

RHONDA MONTOYA,

Plaintiff,

v. No.

ACE AMERICAN INSURANCE COMPANY,

Defendant.

NOTICE OF REMOVAL TO THE

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

TO: UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW MEXICO

COMES NOW Defendant, ACE American Insurance Company (hereinafter Defendant

ACE), by and through its attorneys of record, Butt Thornton & Baehr, PC (James H. Johansen),

and respectfully gives notice to the Court, pursuant to 28 USC 1332, of the removal of this

action from the Thirteenth Judicial District Court, County of Valencia, State of New Mexico, to

the United States District Court for the District of New Mexico on the following grounds:

1. Plaintiff, Rhonda Montoya, filed this action against Defendant, ACE American

Insurance Company, in the Thirteenth Judicial District Court, County of Valencia, State of

New Mexico, Cause No. D-1314-CV-2011-00726. A copy of the Complaint in that action is

attached. Pursuant to D.N.M. LR-Civ 1, copies of all records and proceedings will be submitted

separately within 30 days of the filing of this Notice of Removal.

2. Plaintiff is a resident and citizen of Valencia County, New Mexico.

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3. Defendant ACE is a foreign corporation incorporated in the State of Pennsylvania

with its principal place of business in the State of Pennsylvania. Thus, ACE is a citizen of the

State of Pennsylvania.

4. Defendant ACE was served with the Complaint in this matter on June 8, 2011.

5. Plaintiff claims in her Complaint that Defendant ACE is liable for insurance bad

faith, unfair practices and punitive damages.

6. The Complaint does not state a specific amount of damages sought by Plaintiff

Montoya. However, in a demand letter, which is referenced in the Complaint, dated January 11,

2011, in Paragraph 6, Plaintiff Montoya, through her counsel, made a demand upon ACE in the

amount of $495,000. In addition to that amount, Plaintiff now seeks damages against ACE for

insurance bad faith and unfair practices and also seeks punitive damages. Based upon these

allegations and the underlying settlement demand of $495,000, it is clear that the amount in

controversy in this action exceeds $75,000, and there is a good faith basis to assert that the

amount in controversy requirement of this Court is satisfied.

7. This Complaint is a civil action over which this Court has jurisdiction, pursuant to

28 USC 1332 and which is removable by Defendant ACE under the provisions of 28 USC

1441 in that:

a. The amount in controversy exceeds the sum or value of $75,000,

exclusive of interest and costs; and

b. The amount in controversy is between citizens of different states.

8. This Notice of Removal is filed with this Court within 30 days after service of

Plaintiffs Complaint.

9. Defendant ACE, immediately upon filing of this Notice of Removal, gave written



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notice of the filing as required by 28 USC 1446(d) and filed a copy thereof with the Clerk of the

Thirteenth Judicial District Court, County of Valencia, State of New Mexico, the Court from

which this action is removed.

10. This Notice of Removal is signed pursuant to Fed.R.Civ.P. 11.

WHEREFORE, Defendant, ACE American Insurance Company, respectfully requests

that the above-entitled action be removed from the Thirteenth Judicial District Court, County of

Valencia, State of New Mexico, to the United States District Court for the District of New

Mexico.

Respectfully submitted,

BUTT THORNTON &BAEHR PC

/s/James H. JohansenJames H. JohansenAttorneys for DefendantP.O. Box 3170Albuquerque, NM 87190(505) 884-0777

I HEREBY CERTIFY that on the 8th

day ofJuly, 2011, I filed the foregoing electronicallythrough the CM/ECF system.

AND I FURTHER CERTIFY that on such date,I served the foregoing on the following non-CM/ECFparticipant via first class mail, postage prepaidaddressed as follows:

Alex M. Gabaldon, Esq.P.O. Box 25821Albuquerque, NM 87125-5821

/s/James H. JohansenJames H. Johansen



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