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

WASHINGTON NATIONALS BASEBALL CLUB LLC v. WESTCHESTER FIRE INSURANCE COMPANY

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-01214 Search Pacer
ACE Group party(s): 
Opposing Party: 
Washington Nationals Baseball Club LLC
Court Type: 
Federal
US District Court: 
District Court for the District of Columbia
Date Filed: 
Aug 6 2013

"Pursuant to 28 U.S.C. §§ 1441(b) and 1446, defendant Westchester Fire Insurance Company ("Westchester Fire") gives notice of its removal to the United States District Court for the District of Columbia of this proceeding, filed in the Superior Court of the District of Columbia, Civil Division, under the caption Washington Nationals Baseball Club, LLC v. Westchester Fire Insurance Company, Civil Action No. 13-0003114. Westchester Fire further states the following:

1. Plaintiff filed the Complaint on May 3, 2013. In accordance with 28 U.S.C. § 1446(a), a copy of the Complaint, the unserved Summons, the Information Sheet, the Initial Order and Addendum, and a Notice of Scheduling Conference are attached as Exhibit A. These documents are all process, pleadings, and orders to date in the action.

2. Westchester Fire has not yet been served with the Complaint but, on July 23, 2013, Westchester Fire received a notice from the Superior Court stating that this action had been scheduled for a Scheduling Conference Hearing on October 18, 2013. Given that Westchester Fire has not received service, this removal is timely in accordance with 28 U.S.C. § 1446(b).

3. Westchester Fire removes this case based on federal diversity jurisdiction under 28 U.S.C. § 1332. The amount in controversy exceeds $75,000. See Complaint ffll 27, 32. There is complete diversity of citizenship between the plaintiff, a limited liability company incorporated in the District of Columbia with its principal place of business in the District of Columbia, see Complaint ^f 4, and the defendant, a Pennsylvania corporation with its principal place of business in Pennsylvania, see id. at ^f 5.

4. This action presents a dispute between plaintiff and Westchester Fire relating to Westchester Fire's denial of insurance coverage sought by plaintiff in connection with events taking place in the District of Columbia. See Complaint, ^flf 10-14. Accordingly, venue is proper in the United States District Court for the District of Columbia pursuant to 28 U.S.C. § 1391(b).

5. In accordance with 28 U.S.C. § 1446(d), Westchester Fire will promptly give written notice of this Notice of Removal to plaintiffs counsel and file a copy of the same with the Clerk of the Superior Court of the District of Columbia, Civil Division. Copies of the Notice of Filing Removal and Notice to Plaintiffs of Filing Removal are attached as Exhibits B and C."

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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