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WESTCHESTER SURPLUS LINES INSURANCE COMPANY et al v. EATON CORPORATION 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: 
1:14-cv-00224 Search Pacer
Court Type: 
Federal
US District Court: 
District of Hawaii
Date Filed: 
May 13 2014

NOTICE OF REMOVAL
Defendant EATON CORPORATION ("Eaton"), by and through its counsel,
Fukunaga Matayoshi Hershey & Ching, LLP, hereby files this Notice of Removal
pursuant to 28 U.S.C. § 1332, 28 U.S.C. § 1441 and 28 U.S.C. § 1446 for the
removal of the above-entitled action from the Circuit Court of the Fifth Circuit,
State of Hawaii to the United States District Court for the District of Hawaii. As
grounds for removal, Eaton states the following:
1. On April 9,2014, Plaintiffs WESTCHESTER SURPLUS LINES
INSURANCE COMPANY and CONTINENTAL CASUALTY COMPANY
(collectively, "Plaintiffs") filed a Complaint captioned Westchester Surplus Lines
Insurance Company, etc., et al, v. Eaton Corporation, in the Circuit Court of the
Fifth Circuit, State of Hawaii, under Civil No. 14-1-0075 (RV). In accordance
with 28 U.S.C. § 1446(a), attached hereto as Exhibit A is a true and correct copy of
Plaintiffs' Complaint for Damages; Summons.
2. This action stems from a subrogation claim to recover property
damage and losses that were allegedly caused by a fire that occurred on or about
May 11, 2012 at the Hanapepe Valley Pump Station #3 in Kalaheo, Hawaii on the
island of Kauai.
3. The United States District Court for the District of Hawaii has original
jurisdiction over this action by reason of complete diversity of citizenship between
the parties under 28 U.S.C. § 1332, and this action is removable pursuant to 28
U.S.C. §§ 1441(b) and 1446(b).
4. Upon information and belief, Plaintiff WESTCHESTER SURPLUS
LINES INSURANCE COMPANY is and was at all times relevant to this action, a
Georgia corporation with its principal place of business in Georgia, and doing
business in the State of Hawaii. {See Ex. A, Complaint at f 2).
5. Upon information and belief, Plaintiff CONTINENTAL CASUALTY
COMPANY is and was at all times relevant to this action, an Illinois corporation
with its principal place of business in Illinois, and doing business in the State of
Hawaii. {See Ex. A, Complaint at % 3).
6. Eaton is, and at the time of the filing of the Complaint, was an Ohio
corporation with its principal place of business in Cleveland. {See Ex. B,
Declaration of Katherine M. Wall, dated May 13, 2014, at f 5).
7. The citizenship of fictitious defendants is ignored for purposes of
removal. 28 U.S.C. § 1441(b)(1); Soliman v. Philip Morris Inc.,l>\\ F.3d 966, 971
(9th Cir. 2002) (holding that the inclusion of Doe defendants in a complaint did not
defeat diversity jurisdiction).
8. Pursuant to 28 U.S.C. § 1332, as amended, complete diversity of
citizenship therefore exists as between all parties in this case.
9. Eaton, the only named defendant in the action, consents to removal of
this case.
10. According to the allegations of the Complaint, Plaintiff Westchester
Surplus Lines Insurance Company purportedly paid approximately $1,374,394 and
Plaintiff Continental Casualty Company purportedly paid approximately $71,597
in satisfaction of an insurance property damage claim submitted by Plaintiffs'
insured, Alexander & Baldwin, Inc. and its subsidiary, McBryde Resources, Inc.
{See Ex. A, Complaint at fflf 18-19, Prayer for Relief). Plaintiffs seek inter alia the
amounts paid to their insured under the policies, as well as unspecified sums for
property damage and losses to the insured, such that the amount in controversy,
exclusive of interest and costs, exceeds $75,000.00.
11. Plaintiffs' Complaint was served on Eaton on April 16, 2014. {See
Ex. B, Declaration of Katherine M. Wall, dated May 13, 2014, at % 4).
12. Service of the Complaint on Eaton on April 16, 2014 was the first date
when Eaton received a copy of the Plaintiffs' Complaint in this case.
13. That thirty (30) days have not expired since Eaton was served with a
copy of the Complaint in this action.
14. Accordingly, this removal is timely pursuant to 28 U.S.C. § 1446(b).
15. Pursuant to 28 U.S.C. § 1446(d), Eaton promptly will provide written
notice of removal of the action to Plaintiffs and will promptly file a copy of this
Notice of Removal with the Clerk of the Circuit Court of the Fifth Circuit, State of
Hawaii.

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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