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

NATIONAL GRID CORPORATE SERVICES, LLC v. BRAND ENERGY SERVICES, 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: 
2:13-cv-01275 Search Pacer
ACE Group party(s): 
Opposing Party: 
National Grid Corporate Services, LLC
Court Type: 
Federal
US District Court: 
Eastern District of New York
Date Filed: 
Mar 11 2013

"Defendants, BRAND ENERGY SERVICES, LLC, ("Brand"), and ACE AMERICAN INSURANCE COMPANY, through their attorneys, SCHNADER, HARRISON, SEGAL & LEWIS LLP, and pursuant to 28 U.S.C. § 1446, remove the action captioned above and currently pending in the Supreme Court of the State of New York, Suffolk County, as case no. 13-02616, to the United States District Court for the Eastern District of New York. Removal is based upon the diversity statute, 28 U.S.C. § 1332. The following are the relevant facts that establish this court's diversity jurisdiction over this matter:

1. Plaintiff National Grid Corporate Services, LLC, on information and belief, is a limited liability company organized under the laws of New York, the member(s) of which are all citizen(s) of New York.

2. Defendant ACE American Insurance Company ("ACE") is a Pennsylvania corporation with its principal place of business in Scranton, Pennsylvania.

3. Defendant Brand Energy Services, LLC, is a limited liability company organized under the laws of Delaware, the sole member of which is Brand Scaffold Services, LLC, which is a limited liability company organized under the laws of Delaware, the sole member of which is Brand Services, LLC, which is a limited liability company organized under the laws of Delaware, the sole member of which is Brand Energy & Infrastructure Services, Inc., which is a corporation organized under the laws of Delaware with its principal place of business in Kennesaw, Georgia.

4. Defendant Erick Llaguno is a citizen of New York, but is a nominal defendant whose interests are more properly aligned with those of the plaintiff, therefore, defendants Brand and ACE will be asking this court to re-align the parties to reflect Llaguno as a plaintiff rather than a defendant.

5. Once the parties are properly re-aligned to reflect Erick Llaguno as a plaintiff rather than a defendant, there will be full diversity in this action because it is between citizens of different states.

6. The state court complaint, attached to this Notice of Removal as Exhibit A, requests a declaratory judgment that defendants Brand and ACE owe defense and indemnity to the plaintiff in an underlying personal injury action; on information and belief, National Grid has already accrued over $75,000 in defense fees in the underlying personal injury action (the sum of which the plaintiff is seeking to recover from defendants Brand and ACE in this action), therefore, the declaratory judgment sought against Brand and ACE is for an amount that, on information and belief, exceeds the sum or value of $75,000, exclusive of interest and costs.

7. Brand was served with summons and complaint on February 8, 2013, in the state court action, and ACE has not yet been served with summons and complaint in the state court action, thus, the filing of this Notice of Removal is within the 30 day time period for filing a Notice of Removal under 28 U.S.C. § 1446(b).

8. This court is situated in the district serving the location of the state court action under 28 U.S.C. § 1446(a).

9. As both defendants Brand and ACE are being represented by the same attorneys, counsel for defendants Brand and ACE can represent to this court that defendants Brand and ACE have expressed their consent to the removal of this action to the U.S. District Court for the Eastern District of New York; because defendant Erick Llaguno should be re-aligned as a plaintiff rather than as a defendant, his consent is not required for removing this matter to federal court."

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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