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

KELLER v. TARGET CORPORATION OF MINNESOTA 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: 
2:13-cv-06381 Search Pacer
ACE Group party(s): 
Opposing Party: 
Gloria Keller
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
Nov 8 2013

NOTICE OF REMOVAL
NOW INTO COURT, through undersigned counsel comes defendants Target
Corporation and ACE American Insurance Company, who hereby request this Honorable Court
to remove that certain matter styled, "Gloria Keller versus Target Corporation, ACE American
Insurance Company and Unknown Employee" suit number 2013-14647, from the docket of the
22nd Judicial District Court in and for the Parish of St. Tammany, State of Louisiana, (hereinafter
sometimes referred to as the "state court proceeding"), to the United States District Court for the
Eastern District of Louisiana, on the following grounds, to-wit:
1.
On or about October 7, 2013 plaintiff filed a petition for damages against named
defendants Target Corporation and ACE American Insurance Company, (hereinafter sometimes
referred to collectively as "Target"), and a fictitious defendant "unknown employee". Plaintiff
Gloria Keller alleged that she received personal injuries as a result of being hit from behind by a

row of shopping carts on or about October 6, 2012 at a Target store location in St. Tammany
Parish, Louisiana.
2.
Plaintiff alleged that she was a resident and domiciliary of the Parish of St. Tammany,
State of Louisiana. Therefore, plaintiff is a citizen of the State of Louisiana.
•*)
J.
Defendant Target Corporation is a corporation organized under the laws of the State of
Minnesota with its principal place of business in Minneapolis, Minnesota. Target was served
with the Petition for Damages via long arm service by registered mail on October 16,2013.
4.
Defendant ACE American Insurance Company is a foreign insurance company organized
under the laws of the State of Pennsylvania with its principal place of business in Philadelphia,
Pennsylvania. ACE was served with the Petition for Damages on October 18,2013.
5.
Plaintiff, Target and ACE are citizens of different states. Defendant "unknown
employee" was sued under a fictitious name. Under 28 USC § 1441 (a) the citizenship of a
defendant sued under a fictitious name is disregarded. Accordingly, there is complete diversity
between defendants and plaintiff.
6.
The petition for damages in the state court proceeding did not expressly set out a specific
amount of damages which the plaintiff is seeking in the state court proceeding, i.e., the amount in

controversy. Nonetheless, for the reasons stated below, defendants are informed and believes
that the amount which plaintiff Gloria Keller will seek in the state court proceeding, i.e., the
amount in controversy, will exceed $75,000.00, exclusive of interest and costs.
7.
The petition for damages did not allege whether the damages were such that plaintiff was
not entitled to a trial by jury. Under La. Code Civ. Proc. 1732(1) trials by jury are available
where an individual's cause of action exceeds fifty thousand dollars exclusive of interest and
costs. As such, absent removal, based upon the allegations of the petition, defendant would be
able to request a trial by jury as plaintiff failed to plead that the amount in controversy was less
than $50,000 exclusive of interest and costs.
8.
Additionally, the petition for damages alleged that Gloria Keller suffered severe and
disabling injuries to the bones, muscles, tendons, ligaments and soft tissue of her back and neck,
lower extremity, internal organs and other parts of her body.
9.
Finally, in determining whether the amount in controversy exceeds $75,000, a defendant
when removing a case can use both the initial filings of plaintiff as well as additional evidence
that the defendant develops independently to establish removal eligibility. Pretka v. Kolter City
Plaza II, Inc., 608 F.3d 744, 759 (11th Cir. 2010). In this matter, defendants have obtained
information independent of the state court petition providing that plaintiff after the incident
underwent two surgical procedures, a lumbar rhizotomy at L3-L5 and a kyphoplasty procedure.

Plaintiff was further diagnosed with a compression fracture at T4-T5 and her current medical
expenses now total $36,344.75. Plaintiffs medical expenses and procedures clearly establish
that the amount in controversy exceeds $75,000 exclusive of interest and costs.
10.
The state court petition is subject to amendment upon motion of plaintiff at any time,
including the ability to assert damages greater than $75,000, exclusive of interest and costs.
Based upon all these factors, Target is informed and believes that the amount which plaintiff will
seek in the state court proceeding, i.e., the amount in controversy, will exceed $75,000, exclusive
of interest and costs.
11.
The claims that plaintiff, Gloria Keller, now asserted in the state court proceeding are
claims between citizens of different states involving more than $75,000, exclusive of interest and
costs. The claims which plaintiff, Gloria Keller, has asserted in the state court proceeding,
therefore, fall within the jurisdiction of the United States District Court and may properly be
removed to the United States District Court for the Eastern District of Louisiana. See, 28 U.S.C.
1332,28 U.S.C. 1441 & 1446-1451; and 28 U.S.C. 98(c).
12.
Target Corporation and Ace American Insurance Company wishes to remove the claims
which have been asserted by plaintiff in the state court proceeding to the United States District
Court for the Eastern District of Louisiana.

13.
Less than thirty days have elapsed since the date upon service of the citation and petition
were made on Target Corporation and Ace American Insurance Company. Consequently, the
removal of the claims which have been asserted by plaintiff in the state court proceeding to the
United States District Court for the Eastern District of Louisiana are timely. 28 U.S.C. 1446(b).
14.
Target Corporation and Ace American Insurance Company respectfully requests that this
Notice of Removal be filed into the record of the United States District Court for the Eastern
District of Louisiana, effecting a removal of that certain matter styled, "Gloria Keller versus
Target Corporation ACE American Insurance Company and Unknown Employee" suit number
2013-14647, from the docket of the 22nd Judicial District Court in and for the Parish of St.
Tammany, State of Louisiana.

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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