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

FARAM v. GENERAL SHALE BRICK, INC. et al

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: 
1:15-cv-02631 Search Pacer
ACE Group party(s): 
Opposing Party: 
Michael Faram
Court Type: 
Federal
US District Court: 
Northern District of Georgia
Date Filed: 
Jul 24 2015

DEFENDANTS' TOINT NOTICE OF REMOVAL

COME NOW Defendants, General Shale Brick, Inc., National Union Fire
Insurance of Pittsburgh, and Ronnie Tim Crowe (hereinafter "Defendants"),
pursuant to Fed. R. Civ. P. 81 (c) and 28 U.S.C. §§ 1441 and 1446(a) and (b) and
hereby submit their Joint Notice of Removal and remove to this Court the State
Court action described below, respectfully showing the Court as follows:
1.
Defendants have been sued in a civil action brought in the State Court of
Fulton County, which is located within the Atlanta Division of the United States
District Court for the Northern District of Georgia.
2.
Plaintiff is a citizen and resident of the State of Texas.
3.
Defendant General Shale and Brick, Inc. is a Delaware corporation with its
principal place of business located in Johnson City, Tennessee.
4.
Defendant National Union Fire Insurance of Pittsburgh, PA. is a
Pennsylvania corporation with its principal place of business located in New
York, New York.
5.
Defendant Ace American Insurance Company is a Pennsylvania
corporation with its principal place of business located in Philadelphia,
Pennsylvania.
6.
Defendant Ronnie Tim Crowe is a citizen and resident of the State of
Tennessee.
7.
GEICO Advantage Insurance Company ("GEICO") is a Nebraska
corporation with its principal place of business located in Chevy Chase,
Maryland. GEICO is the putative underinsured motorist carrier served by
Plaintiff with the original Complaint pursuant to Georgia law. GEICO, to the
extent it is an interested party, joins with and consents to the removal of this
action from the State Court of Fulton County to the United States District Court.
8.
The Complaint was filed on June 11, 2015, in the State Court of Fulton
County, Case No.: 15EV001352. The Complaint and Summons were allegedly
served and received by Defendant General Shale Brick, Inc. on June 24, 2015. The
Complaint and Summons were allegedly served and received by Defendant
National Union fire Insurance of Pittsburgh on June 24, 2015. The Complaint and
Summons were allegedly served on and received by Defendant Ronnie Tim
Crowe on June 26, 2015. The Complaint and Summons were allegedly served on
and received by GEICO, as the putative underinsured motorist insurer, on June
24, 2015.
9.
The Complaint for Damages asserts claims by a Plaintiff, a citizen and
resident of Texas, against Defendants, none of which are citizens, or corporations
domiciled or organized in the State of Texas. The corporations or companies
named in this action have their principal place of business, and are organized
under the laws of, Tennessee, Maryland, Delaware, Nebraska and Pennsylvania.
Plaintiff's Complaint claims substantial and permanent injuries, necessitated
spinal surgery, and that Plaintiff endured, and continues to endure, physical and
mental pain and suffering, disabilities, loss of physical capacities, and other
damages. These damages, together with costs of litigation, allegedly exceed
$75,000.
10.
This Notice of Removal is filed within thirty (30) days from the alleged
dates of service on the Defendants. The removal of this action is made on
diversity grounds.
11.
Defendants attach, as Exhibit "A" to this original pleading only, the entire
record in the State Court of Fulton County action.
12.
The aforementioned civil action is a civil action over which this Court has
original jurisdiction and is one which may be removed to this Court by
Defendants pursuant to 28 U.S.C. § 1441(a), 28 U.S.C. § 1446(a) and (b) and, in
accordance with the provisions of 28 U.S.C. § 1332(a), there being diversity of
citizenship between the Plaintiff and the Defendants and the matter in
controversy, exclusive of interest and costs, exceeds the sum of $75,000.
13.
Defendants have given written notice of the filing of this Notice to Plaintiff
by mailing a copy of this Notice of Removal to Plaintiffs counsel via Certified
Mail, Return Receipt Requested. Defendants have filed a written notice with the
Clerk of the State Court of Fulton County, a copy of both are attached hereto as
Exhibit "B."
14.
The undersigned has read this Notice of Removal, and to the best of the
undersigned's knowledge, information and belief, formed after reasonable
inquiry, it is well-grounded in fact and is warranted by existing law, and it is not
interposed for any improper purpose, such as to harass or cause unnecessary
delay or needless increase in the cost of litigation. See Affidavit of M. Andrew
Echols, attached hereto as Exhibit "C".

WHEREFORE, the Defendants pray that the case be removed to the United
States District Court for the Northern District of Georgia, Atlanta Division.
 

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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