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

LANDRY, JR. v. ACE AMERICAN INSURANCE COMPANY 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-06683 Search Pacer
ACE Group party(s): 
Opposing Party: 
Charles Landry, Jr.
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
Dec 17 2013

PLEASE TAKENOTICE that defendants, Ace American Insurance Company and Kimberly
R. Aller (hereinafter sometimes referred to as "Defendants"), by and through their attorneys, Salley,
Hite, Mercer & Resor, LLC, hereby petition the United States District Court for the Eastern District
of Louisiana for removal of this case to the District Court pursuant to 28 U.S.C. §§ 1441 and 1446.
Defendants, by and through their undersigned counsel, state the following upon information and
belief:
1. This case is presently pending in the Civil District Court for the Parish of Orleans,
State of Louisiana, Civil Action No. 2013-10303, Division D-16. The territory assigned to the
United States District Court for the Eastern District of Louisiana under 28 U.S.C. § 98 embraces
Orleans Parish.
2. This Notice of Removal has been filed within 30 days after receipt by Defendants,
through service or otherwise, of a copy of the plaintiffs Petition for Damages, which was filed on
October 31,2013, but the Citation and Petition for Damages were not served upon Kimberly R. Aller
until November 19, 2013, and were not served upon Ace American Insurance Company until
November 22, 2013. Therefore, this Notice of Removal is timely.
3. The plaintiff, Charles Landry Jr., filed this lawsuit on October 31,2013, naming Ace
American Insurance Company and Kimberly R. Aller as defendants. Pursuant to 28 U.S.C. § 1446(a)
attached hereto as Exhibit "A" is a copy of all process, pleadings, and orders served upon Defendants
in the state court action.
4. While the plaintiff does not itemize damages in his Petition for Damages, upon
information and belief, and based upon the broad ranging allegations contained in the Petition for
Damages, the amount in controversy herein exceeds the sum of $75,000, exclusive of interest and
costs, although Defendants deny any such liability.
5. According to the Petition for Damages, the plaintiff is a resident of Jefferson Parish,
State of Louisiana.
6. Ace American Insurance Company is, and at all relevant times has been, incorporated
under the laws of Pennsylvania, with its principal place of business in Philadelphia, Pennsylvania.
7. Kimberly R. Aller is, and at all relevant times has been, a resident of the State of
California.
8. Complete diversity of citizenship therefore exists.
9. As the plaintiff and the defendants are citizens of different states and the amount in
controversy is, upon information and belief, greater than $75,000, the Court has original (diversity)
jurisdiction over this case under 28 U.S.C. §1332.
10. Simultaneously with the filing of this Petition, Defendants have served the Notice of
Removal on the plaintiff and filed same with the Clerk of the state court.
WHEREFORE, defendants, Ace American Insurance Company and Kimberly R. Aller,
respectfully pray that this Notice of Removal be deemed good and sufficient as required by law, and
the above captioned matter be removed from the Civil District Court for the Parish of Orleans, State
of Louisiana, to the United States District Court for the Eastern District of Louisiana, and that this
Court have and assume full and complete jurisdiction therefore issuing all necessary orders and
granting all general and equitable relief to which Movers are entitled, and that all further proceedings
in the state court be discontinued.
 

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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