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

SHELIA WEBSTER v. GEORGE MAIR 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.

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Case: 4:12-cv-01521-CAS Doc. #: 1 Filed: 08/24/12 Page: 1 of 4 PageID #: 1
I N T H E U N I T E D S T A T E S D IS T R I CT C O U R T FO R T H E E AS T E R N D I S T R I CT O F M I S S O U RI E A S T E R N D I V IS IO N
SHELIA WEBSTER, Plaintiffs, v. GEORGE MAIR, EAN HOLDING LLC, d/b/a ALAMO RENT-A-CAR, and ACE AMERICAN INSURANCE COMPANY Defendants.
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Circuit Court St. Louis, Missouri Cause No. 12SL-CC02594
U.S.D.C. Case No.: _____________
NOTICE OF REMOVAL COME NOW Defendant, ACE American Insurance Company (“ACE”), by and through undersigned counsel, and For its Notice of Removal of the above-captioned action to the United States District Court for the Eastern District of Missouri, Eastern Division, pursuant to 28 U.S.C. Sec. 1441 and 1446, state as follows: 1. On or about July 6, 2012, Plaintiff Shelia Webster (“Webster”) filed a Petition for
Equitable Garnishment in the Circuit Court of the County of St. Louis, Missouri, Cause No.: 12SL-CC02594 (“state court action”). 2. In the state court action, Webster seeks to recover from Defendant ACE and
others for a Judgment that Webster obtained on or about July 26, 2010 against George Mair. This underlying lawsuit was filed in the Circuit Court of St. Charles County, Missouri, was styled “Shelia M. Webster v. George Mair,” and was Cause No.: 1011-CV07108 (“underlying lawsuit”).
Case: 4:12-cv-01521-CAS Doc. #: 1 Filed: 08/24/12 Page: 2 of 4 PageID #: 2
3.
Plaintiff seeks recovery through Missouri’s equitable garnishment statute, which
is Section 379.200 RSMo (2000), against ACE and others for the $1,500,000 judgment she obtained against Mair in the underlying lawsuit. 4. The controversy in this lawsuit is wholly between citizens of different states: a. Plaintiff Webster, at all relevant times, was a resident and citizen of the
State of Arizona. b. Defendant EAN Holdings, LLC, d/b/a Alamo Rent-A-Car (“Alamo”),
improperly sued as EAN Holding LLC, d/b/a Alamo Rent-A-Car, is not a properly joined and served party to this action, for the reasons set forth in a motion to dismiss pending in this action, such that its citizenship is irrelevant for purposes of diversity jurisdiction and removal. A copy of the motion to dismiss that is pending is included in the state court file that is being filed as an attachment to this notice of removal. c. Defendant ACE, at all relevant times, was a Pennsylvania corporation
organized and existing under the laws of the State of Pennsylvania with its principal place of business in the State of Pennsylvania such that ACE is a citizen of the State of Pennsylvania for diversity purposes. d. Defendant Mair is a citizen of the State of Maryland but has not been
properly served in this matter such that his citizenship is irrelevant for purposes of determining diversity jurisdiction and removal. 5. The matter in controversy, exclusive of interest and costs, exceeds the sum or
value of Seventy-Five Thousand Dollars ($75,000) in that Plaintiff’s Petition seeks collection of the $1,500,000 judgment Plaintiff obtained in the underlying lawsuit, plus post-judgment
Case: 4:12-cv-01521-CAS Doc. #: 1 Filed: 08/24/12 Page: 3 of 4 PageID #: 3
interest. Hence, Plaintiff’s Petition alone establishes that the amount in controversy is in excess of $75,000. 6. Defendant ACE was served with Plaintiff’s Petition, though the Missouri
Department of Insurance, on or about July 25, 2012. 7. Hence, this Notice of Removal has been filed within thirty (30) days after receipt by
Defendant ACE of a copy of Plaintiff’s Petition setting forth the claim for relief upon which said action is based, and, therefore, Joint Notice of Removal has been timely filed pursuant to 28 U.S.C. Sections 1441 and 1446. 8. Because complete diversity of citizenship exists between Plaintiff and all properly
joined and served Defendants, and because the amount in controversy in this action exceeds the sum of Seventy-Five Thousand Dollars ($75,000), removal to this Court is proper pursuant to 28 U.S.C. Sections 1332, 1441, and 1446. 9. As neither Alamo nor Defendant Mair have been properly joined and and/or served
as of the time of the filing of this removal, this notice of removal complies with 28 U.S.C. Section 1446. 10. Defendants file herewith, and attach to this Notice of Removal, a copy of the
process and pleadings served upon Defendant ACE. WHEREFORE, Defendant, ACE American Insurance Company, respectfully request that this Court accept jurisdiction of this action.
Case: 4:12-cv-01521-CAS Doc. #: 1 Filed: 08/24/12 Page: 4 of 4 PageID #: 4
Respectfully Submitted, BROWN & JAMES, P.C. /s/ Kenneth R. Goleaner Russell F. Watters, #25758 Kenneth R. Goleaner, #51043 1010 Market Street, 20th Floor St. Louis, Missouri 63101-2000 (314) 242-5226 Fax (314) 242-5426 Email: rwatters@bjpc.com Email: kgoleaner@bjpc.com Attorneys for Defendant ACE American Insurance Company CERTIFICATE OF MAILING The undersigned certifies that a copy of the foregoing was mailed, postage pre-paid, via U.S. mail, this 24th day of August, 2012, to: Timothy J. Gallagher Matthew R. Davis Heller, Gallagher & Finley, L.L.P. 1670 South Hanley Road St. Louis, MO 63144 Attorney for Plaintiff George Mair Inmate No. 35486-044 FCI Allenwood Medium Federal Correctional Institution White Deer, PA 17887 Co-Defendant And via Hand Delivery to: Russell F. Watters, #25758 Kenneth R. Goleaner, #51043 Brown & James, P.C. 1010 Market Street, 20th Floor St. Louis, Missouri 63101-2000 Attorneys for Defendant EAN Holdings, LLC, d/b/a Alamo Rent-A-Car 9936633 /s/ Kenneth R. Goleaner

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D.E. 1 NOTICE OF REMOVAL from Circuit Court of St. Louis County, Missouri, case number 12SL-CC02594 filed by Ace American Insurance Company.pdf91.29 KB

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