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

FEDD et al v. BORDEN DAIRY COMPANY OF ALABAMA LLC 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: 
1:13-cv-00080 Search Pacer
ACE Group party(s): 
Opposing Party: 
Scrap Fedd
Court Type: 
Federal
US District Court: 
Middle District of Georgia
Date Filed: 
May 6 2013

"I. INTRODUCTION
Defendant Borden Dairy was served with a Summons and copy of the Complaint on April 16,2013. Defendant Douglas Earl Devoe has been served with a Summons and copy of the Complaint on a date uncertain.  Defendant Borden is unaware if Defendant ACE American Insurance Company has been served with a Summons and copy of the Complaint at this time. Defendant Borden Dairy timely filed its answer on the same day it filed this notice of removal.

H. DEFENDANTS' BASIS FOR REMOVAL
The Notice of Removal of the civil action is timely filed pursuant to 28 U.S.C. § 1446(b) because it is being filed within the statutorily allowed thirty (30) day period after the date that Defendants first were served with a copy of the initial pleading in this action. The Superior Court of Decatur County Georgia action may be removed to this Court because it is an action involving a controversy between citizens of different states and upon information and belief the amount in controversy exceeds $75,000.00 such that the district courts of the United States have diversity jurisdiction pursuant to 28 U.S.C. § 1332. Therefore, the Superior Court of Decatur County Georgia action may be removed to this Court pursuant to 28 U.S.C. §1441(a) and (b). This action is removable to this Court because the district and division embrace the place where the superior court action is pending. (28 U.S.C. § 1441(a)).

A. Diversity of Citizenship.
Defendant is informed and believes that Plaintiffs are residents and citizens of the State of Georgia. Defendant Borden Daily is now, and was at the time the Superior Court of Decatur County Georgia action was filed, a citizen of Alabama. Defendant Borden Dairy is organized as a Limited Liability Company, with is its principal place of business located at 509 South Craft Highway, Prichard, Alabama 36610.  Plaintiffs have also named Defendant ACE American Insurance Company, who is incorporated in the state of Pennsylvania, with a principle place of business in Philadelphia, Pennsylvania. Defendant Douglas Earl Devoe is domiciled at 16 Lone Oak Road, Ozark, Alabama, and therefore a citizen of that state.

B. Amount in Controversy.
Although Plaintiffs do not allege a specific amount in controversy, their Complaint suggests that they are seeking damages in excess of $75,000.00, the minimum jurisdictional requirement of 28 U.S.C. §1332. One of the plaintiffs alleges that as a result of being "catapulted approximately 24 feet" past the point of impact in the subject collision, he was subsequently "placed under the care of physicians and has incurred medical expenses as a result thereof." (Complaint For Damages TJ15). It is further alleged that he "will continue to suffer physical pain and mental anguish in the future because of his injuries. (If 14).  The second plaintiff, who was not present at the time of the collision, claims that he is the owner of the John Deere Tractor fl[5) which immediately after the collision was "damaged and unusable." fl[18). In addition, as a result of the "state of disrepair of the tractor" this plaintiff "lost money as he was not able to plant wheat in the wheat season." fl[19). See, e.g., Green v. Metal Sales Mfg. Corp., 394 F. Supp 2d 284 (S.D. W. Va. 2005) (jurisdictional amount satisfied, even though the Plaintiffs Complaint was silent as to damages, where plaintiff alleged significant injury, pain and suffering, past and future lost wages, and past and future medical damages.)

C. Other Statutory Requirement.
Promptly after filing this Notice of Removal, written notice of this filing will be given to Plaintiffs and a copy of this Notice of Removal will be filed with the Superior Court of Decatur County, State of Georgia. A copy of the notice to Plaintiffs of removal of Superior Court of Decatur County Georgia action and a notice to clerk of filing of Notice of Removal are attached hereto as Exhibit "A". Pursuant to 28 U.S.C. § 1446(a), Exhibit "B" attached hereto contains copies of all process, orders or pleadings received by the Defendant by service or otherwise in this action.

By filing this Notice of Removal, Defendant does not waive any defense that may be available to them, including that venue and jurisdiction are not proper in the Superior Court of Decatur County 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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