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

APPLIED THERMOPLASTIC RESOURCES LLC v. PENN MILLERS 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: 
4:13-cv-00161 Search Pacer
ACE Group party(s): 
Opposing Party: 
Applied Thermoplastic Resources LLC
Court Type: 
Federal
US District Court: 
Northern District of Georgia
Date Filed: 
Jul 3 2013

"1. Penn Millers is a Defendant in a Civil Action filed in the Superior Court of Bartow County, State of Georgia, Civil Action File No. 2013-CV-1398. This Notice of Removal is filed with the United States District Court for the Northern District of Georgia, Atlanta Division, within thirty (30) days of service upon Penn Millers of the initial pleading setting forth the claim for relief upon which said action is based. The documents attached hereto as Exhibit "A" constitute all of the process, pleadings (as defined by Fed.R.Civ.P. 7), and orders served on Defendant in this action to date as required by 28 U.S.C. § 1446(a).

2. The United States District Court for the Northern District of Georgia, Rome Division, is the District Court having jurisdiction over the place where the state court action is pending pursuant to 28 U.S.C. § 90(a)(3).

3. A copy of this Notice of Removal has been filed with the clerk of the Superior Court of Bartow County, State of Georgia, as required by 28 U.S.C. § 1446(d).

4. Removal is proper in this case pursuant to 28 U.S.C. § 1332(a)(1). Plaintiff alleges it is a corporation organized and existing under the laws of the State of Georgia with its principal place of business in Cartersville, Georgia. Perm Millers was a corporation organized and existing under the laws of the State of Pennsylvania with its principal place of business in Wilkes Barre, Pennsylvania. This controversy is, therefore, one between citizens of different states pursuant to 28U.S.C. § 1332(c)(1).

5. In the Superior Court action, Plaintiff seeks damages in excess of $2 million plus interests and costs. Therefore, the monetary value of the object of this declaratory judgment action exceeds the sum of $75,000, exclusive of interest and costs.

WHEREFORE, Perm Millers prays that this Notice of Removal be filed and said action be removed to proceed in this Court and that no further proceedings be had in the Superior Court of Bartow County, State of Georgia."

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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