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

HENDRICKSON v. ACE AMERICAN INSURANCE et al Notice of Removal

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.

Embedded Scribd iPaper - Requires Javascript and Flash Player
Case 5:13-cv-00562-EEF-MLH
Document 1 Filed 03/15/13 Page 1 of 7 PagelD #: 1
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION
CYNTHIA HENDRICKSON, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILDREN, BRANNON LORMAND AND BRITTAINY HENDRICKSON Plaintiffs VERSUS ACE AMERICAN INSURANCE COMPANY, CETCO OILFIELD SERVICES COMPANY, LLC, AND JONATHAN RODGERS Defendants
CIVIL ACTION NO.: JUDGE: MAG: NOTICE OF REMOVAL (DIVERSITY) AND FOR JURY TRIAL By defendants. Removed from the 42nd Judicial District Court for the Parish of De Soto State of Louisiana Case No. 00074501 Division: A
NOTICE OF REMOVAL
PLEASE TAKE NOTICE that pursuant to 28 U.S.C. §§ 1441 and 1446, defendants, Ace American Insurance Company, a foreign insurer, and CETCO Oilfield Services Company, LLC, a foreign limited liability company organized under the laws of the State of Delaware, remove to this Court the state-court action described in Paragraph 1 below. THE REMOVED CASE 1. The removed case is a civil suit filed on or about February 25, 2013 in the 42nd Judicial District Court for the Parish of De Soto entitled "Cynthia Hendrickson, individually and on behalf of her minor children, Brannon Lormand and Brittainy Hendrickson v. Ace American
Case 5:13-cv-00562-EEF-MLH
Document 1 Filed 03/15/13 Page 2 of 7 PagelD #: 2
Insurance Company, CETCO Oilfield Services Company, LLC, and Jonathan Rodgers," and assigned Case Number 00074501, Division A. PAPERS FROM REMOVED ACTION 2. As required by 28 U.S.C. § 1446(a), attached as Exhibit 1 are copies of all processes, pleadings, and orders in the case, served on defendants. CONSENT TO REMOVAL 3. Ace American Insurance Company and CETCO Oilfield Services Company, LLC are represented by undersigned counsel and consent to this removal. Jonathan Rodgers, allegedly a Texas domiciliary, has not been served, nor has he made an appearance in the state-court proceeding. Therefore, his consent is not necessary to effect this removal. Further, as Mr. Rodgers has not been served and has not made an appearance, this Court may ignore the domicile of Mr. Rodgers for purposes of this removal. See 28 U.S.C. § 1441(b). THIS REMOVAL IS TIMELY 4. The first date upon which any defendant received a copy of the Petition for Damages in the removed case was on or about March 5, 2013. Ace American Insurance Company was served personally with the Petition for Damages and summons via hand delivery of same to its agent for service of process by an East Baton Rouge Sheriffs Deputy. This Notice of Removal is filed within 30 days of that service and, therefore, is timely pursuant to 28 U.S.C. § 1446(b).
Case 5:13-cv-00562-EEF-MLH
Document 1 Filed 03/15/13 Page 3 of 7 PagelD #: 3
THE AMOUNT IN CONTROVERSY REQUIREMENT IS MET 5. Plaintiffs Petition alleges serious personal injuries to Cynthia Hendrickson and loss of services and society to her minor children, Brannon Lormand and Brittainy Hendrickson, caused by defendants. Plaintiff claims her injuries are serious and will require future medical treatment. Plaintiff alleges that because of her personal injuries, she has suffered and will continue to suffer the following damages: A. B. C. D. E. F. G. Physical pain and suffering (past, present, and future); Mental pain and anguish (past, present, and future); Medical expenses (past, present, and future); Loss of enjoyment of life (past, present, and future); Loss of earning capacity; Lost wages (past and future); Surgical scarring; and
H. Physical disability and limitation of activities, hobbies, and endeavors. These damages are claimed by the plaintiff herein. It is therefore apparent that the amount in controversy in this action exceeds $75,000.00, exclusive of interest and costs, although defendants specifically deny liability for any amount.1 6. Plaintiff did not state any specific dollar amount to which she believes she would be entitled if she were victorious in this suit. 7. Plaintiffs are specifically forbidden by Louisiana law from praying for a specific monetary amount in a Petition for Damages. See La. Code Civ. Pro. Art. 893(A)(1). Further, in Louisiana, plaintiffs are to be awarded all damages to which they are entitled under the facts and
' The allegations of the amount in controversy should not be construed as an admission of liability or an estimate of actual damages allegedly sustained by plaintiff. Such allegations are recited herein merely to point out that the jurisdictional amount for diversity cases is met in this particular matter.
Case 5:13-cv-00562-EEF-MLH
Document 1 Filed 03/15/13 Page 4 of 7 PagelD #: 4
the law of the specific case, regardless of whether such damages are specifically prayed for in the Petition and regardless of whether the plaintiff prayed for general and / or equitable relief. See La. Code Civ. Pro. Art. 862. 8. A review of Louisiana jurisprudence provides that awards for pain and suffering and other compensatory damages in suits similar to the instant matter easily exceed the federal jurisdictional amount in controversy requirement, should plaintiff actually succeed in this suit. 9. In the instant matter, Cynthia Hendrickson alleges she sustained serious personal injuries including "injuries to the neck, back, left shoulder, [and] head." See Petition at f 15. Specifically, plaintiff alleges she sustained injuries including "intermediated paresthesia of the [fifth] digit of the left hand;" disc herniations at C5-6 and C6-7; and an L4-5 disc bulge. Id. Upon information and belief, plaintiff has undergone a surgical procedure to the left ulnar nerve, allegedly related to the accident sued upon. Upon information and belief, plaintiff was treating at the time suit was filed and it is possible that medical treatment may continue into the foreseeable future. The plaintiffs last demand to defendants was well in excess of $100,000.00. Clearly, when the Court considers the allegations of injury asserted by plaintiff, it is evident defendants have established that if plaintiff is successful in the prosecution of this matter, her award would likely total a sum greater than $75,000.00.
Case 5:13-cv-00562-EEF-MLH
Document 1 Filed 03/15/13 Page 5 of 7 PagelD #: 5
THE VENUE REQUIREMENT IS MET 10. Venue of this removal action is proper pursuant to 28 U.S.C. § 1442(a) as this Court is the United States District Court for the district and division corresponding to the place where the state-court action was pending. THE BASIS FOR FEDERAL JURISDICTION 11. This is a civil action that falls under this Court's original jurisdiction pursuant to 28 U.S.C. § 1332 (diversity of citizenship) and may be removed to this Court by the defendants pursuant to 28 U.S.C. § 1441(b). DIVERSITY JURISDICTION EXISTS 12. It is believed that the plaintiffs and all proper defendants are, and at all material times were, citizens and domiciliaries of different states of the United States of America. 13. Plaintiff and her minor children are domiciled in the Parish of De Soto, State of Louisiana. See Petition for Damages. 14. Defendant, Ace American Insurance Company, is a foreign insurance corporation that is incorporated and exists by virtue of the laws of the State of Pennsylvania. Its principal place of business is located in Philadelphia, Pennsylvania. At all material times, it was, and remains, authorized to do and doing business in the State of Louisiana and within this Court's jurisdiction.
Case 5:13-cv-00562-EEF-MLH
Document 1 Filed 03/15/13 Page 6 of 7 PagelD #: 6
It has appointed the Louisiana Secretary of State as its agent for service of process in the State of Louisiana. 15. Defendant, CETCO Oilfield Services Company, LLC, is a foreign limited liability company that is organized and exists by virtue of the laws of the State of Delaware. Its principal place of business is located in Hoffman Estates, Illinois. CETCO's sole member is Colloid Environmental Technologies Company, LLC, a limited liability company that is organized and exists by virtue of the laws of the State of Delaware with its principal place of business located in Hoffman Estates, Illinois. At all material times, CETCO was, and remains, authorized to do and doing business in the State of Louisiana and within this Court's jurisdiction. It has appointed C.T. Corporation System, located at 5615 Corporate Blvd., Suite 400B, Baton Rouge, Louisiana 70808, at its Louisiana registered agent for service of process. 16. Defendant, Jonathan Rodgers, is allegedly a Texas domiciliary. See Petition for Damages. He has not been served, nor has he made an appearance in the state-court proceeding. As Mr. Rodgers has not been served and has not made an appearance, this Court may ignore his domicile for purposes of this removal. See 28 U.S.C. § 1441(b). However, even if considered, Mr. Rodgers is alleged to be a Texas domiciliary. CONCLUSION 17. Defendants, Ace American Insurance Company and CETCO Oilfield Services Company, LLC, properly remove to this Court, from the 42nd Judicial District Court for the Parish of De Soto, State of Louisiana, the Louisiana state-court case entitled "Cynthia Hendrickson,
Case 5:l3-cv-00562-EEF-MLH
Document 1 Filed 03/15/13 Page 7 of 7 PagelD #: 7
individually and on behalf of her minor children, Brannon Lormand and Brittainy Hendrickson v. Ace American Insurance Company, CETCO Oilfield Services Company, LLC, and Jonathan Rodgers," and assigned Case Number 00074501, Division A. DEMAND FOR JURY TRIAL 18. Defendants request a trial by jury on issues triable thereto. 19. Defendants reserve the right to amend and / or supplement this Notice of Removal.
Respectfully submitted: CERTIFICATE OF SERVICE SUTTERFIELD & WEBB, LLC I hereby certify a copy of the foregoing has been served upon all counsel of record, or the parties, via facsimile, electronic mail, or U.S. Mail, properly addressed and first class postage pre-paid, this 15th day of March, 2013.
^COTT T. WINSTEAD (#27690) LAKEN N. DAVIS (#33796) 650 Poydras Street, Suite 2715 New Orleans, Louisiana 70130 Telephone: (504) 598-2715 Facsimile: (504) 529-7197 swinstead(S> swslaw.com ldavis@swslaw.com COUNSEL FOR ACE AMERICAN INSURANCE COMPANY AND CETCO OILFIELD SERVICES COMPANY, LLC.

Published under a Creative Commons License By attribution, non-commercial
AttachmentSize
D.E. 1 NOTICE of Removal By Defendants from 42nd JDC De Soto Parish, Case Number 74501 with Jury Demand; (Filing fee $350, receipt number 0536-2191724) filed by CETCO Oilfield Services Company.pdf2.15 MB

Like us on facebook!