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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

ACEVEDO v. ACE AMERICAN INSURANCE COMPANY

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
1:14-cv-20235 Search Pacer
ACE Group party(s): 
Opposing Party: 
Antonio Acevedo
Court Type: 
Federal
US District Court: 
Southern District of Florida
Date Filed: 
Jan 21 2014

NOTICE OF REMOVAL

Defendant, ACE AMERICAN INSURANCE COMPANY, by and through its
attorneys, DeMahy Labrador Drake Victor & Cabeza, P.A. and Sedgwick LLP, hereby
files its Notice of Removal of this action to the United States District Court for the
Southern District of Florida, pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, and in
support thereof states:

1. This Notice of Removal is based upon this Court's diversity jurisdiction
under 28 U.S.C. § 1332(a).

2. Plaintiff filed his Complaint on November 1, 2013, captioned Antonio
Acevedo v. Ace American Insurance Company, in the Miami-Dade Circuit Court, Case
No. 2013-34411-CA-01. Plaintiff served his Complaint upon ACE AMERICAN
INSURANCE COMPANY on December 31, 2013. See Copy of the State Court File,
including Plaintiff's Summons and Complaint, attached as Exhibit A.

3. The Complaint named ACE AMERICAN INSURANCE COMPANY as a
Defendant.

4. ACE AMERICAN INSURANCE COMPANY was incorporated in the State
of Pennsylvania. Its principal place of business is in Philadelphia, Pennsylvania, and
this is where a majority of its work is conducted.

5. For jurisdictional purposes, ACE AMERICAN INSURANCE COMPANY is
a citizen of Pennsylvania.

6. Upon information and belief, at the time of the filing of the Complaint,
Plaintiff was a citizen of the State of Florida.

7. In his Complaint, Plaintiff alleges that he is seeking an excess judgment
for $16,494,198, which is in excess of $75,000.00, exclusive of interests and costs, as
required by the jurisdictional minimum set forth in 28 U.S.C. § 1332(a).

8. This Notice is procedurally proper because Defendant, ACE AMERICAN
INSURANCE COMPANY timely filed this notice within 30 days of receiving Plaintiffs
Complaint, as required under 28 U.S.C. § 1446(b)(3); complete diversity exists under 28
U.S.C. § 1332(a) as Plaintiff and Defendant, ACE AMERICAN INSURANCE COMPANY
are citizens of different states, Florida and Pennsylvania; and the amount in controversy
exceeds $75,000, exclusive of interest and costs, under 28 U.S.C. § 1332(b).

9. Defendant, ACE AMERICAN INSURANCE COMPANY is providing
Plaintiff with written notification of the Notice and is concurrently filing a copy with the
Miami-Dade County Circuit Court in Florida, pursuant to 28 U.S.C. § 1446(a) and (d).

10. Under 28 U.S.C. § 1441, a defendant may remove the action to the district
court of the United States for the district and division embracing the place where the
action is pending. Plaintiff filed his Complaint in the Miami-Dade County Circuit Court,
Florida, and thus, this case is removable to the United States District Court for the
South District of Florida.

WHEREFORE, Defendant, ACE AMERICAN INSURANCE COMPANY, hereby
removes this action from the Miami-Dade County Circuit Court, Florida, Case. No. 13-
34411-CA-01, to the United States District Court for the Southern District of Florida.
Dated: January 21, 2014.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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