Case 2:12-cv-01887-PM-KK Document 1 Filed 07/12/12 Page 1 of 8 PageID #: 1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

LA OILFIELD SERVICES, INC. AND QUALITY OILFIELD, L.L.C.

* * * VERSUS * * ACE INSURANCE COMPANY * OF THE MIDWEST * * ***************************

CIVIL ACTION NO. SECTION

NOTICE OF REMOVAL OF A CIVIL ACTION NOW INTO COURT, through undersigned counsel, comes defendant Indemnity Insurance Company of North America (IINA), part of the ACE Group of insurance companies, in accordance with 28 U.S.C. 1441 and 1446, and hereby submits the following Notice of Removal, as follows: 1. On June 15, 2012, plaintiffs, LA Oilfield Services, Inc. and Quality Oilfield L.L.C., filed a Petition for Damages in the 38th Judicial District Court for the Parish of Cameron, State of Louisiana, entitled LA Oilfield Services, Inc. and Quality Oilfield

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L.L.C. versus ACE Insurance Company of the Midwest, bearing civil action no. 10-19053 on the docket of said court. Plaintiffs named IINA as the sole defendant, which they alleged to be a foreign insurance company, organized and existing under and by virtue of the laws of the State of Pennsylvania, authorize and licensed to do and doing business in the State of Louisiana. Petition for Damages at 1. 2. This Notice of Removal is being timely filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleadings setting forth the claims for relief upon which said action or pleading is based. 28 U.S.C. 1446(b); Murphy Bros. v. Michetti Pipe Stringing, 526 U.S. 344, 347-8, 119 S.Ct. 1322, 1325, 143 L.Ed.2d 448 (1999) (Accordingly, we hold that a named defendants time to remove is triggered by simultaneous service of the summons and complaint, or receipt of the complaint, through service or otherwise, after and apart from service of the summons, but not by mere receipt of the complaint unattended by any formal service.). In fact, IINA has not yet been served with plaintiffs Petition for Damages. Plaintiffs have only provided IINA with a copy of the letter transmitting their Petition for Damages and an unfiled copy of their Petition for Damages. 3. Venue is proper in this judicial district and division under 28 U.S.C. 1441(a). The venue of a removed case is the district and division embracing the place where such action is pending. 28 U.S.C. 1441(a). Attached hereto is Exhibit A, which is a copy of all documents filed into the record of the 38th Judicial District Court for the Parish of -2-

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Cameron, State of Louisiana, in accordance with 28 U.S.C. 1446(a). The Parish of Cameron is located within the Western District of Louisiana, 28 U.S.C. 98(c), and within the Lake Charles Division, LR77.3. 4. This Honorable Court has jurisdiction over this civil action in accordance with 28 U.S.C. 1332(a) and 1441(a). Complete diversity exists between plaintiffs, LA Oilfield Services, Inc. and Quality Oilfield L.L.C., and defendant IINA. The amount in controversy for the claims presented by plaintiffs exceeds $75,000.00, exclusive of interest and costs. REMOVAL BASED UPON DIVERSITY JURISDICTION UNDER 28 U.S.C. 1332(a) 5. This civil action is properly removed based upon diversity jurisdiction under 28 U.S.C. 1332(a) and 1441. According to 28 U.S.C. 1332(a), this Honorable Court has original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different states. The amount in controversy for the claims presented by plaintiffs

exceeds $75,000.00, exclusive of interest and costs. In addition, plaintiffs and IINA are citizens of different states.

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I.

COMPLETE DIVERSITY EXISTS BETWEEN PLAINTIFFS AND DEFENDANT 6. The Petition for Damages states that LA Oilfield Services, Inc. is a Louisiana

corporation domiciled in Calcasieu Parish, Louisiana, and that Quality Oilfield L.L.C. is a Louisiana limited liability company domiciled in Cameron Parish, Louisiana. See Petition for Damages, Preamble. Further, corporate documents acquired from the

Louisiana Secretary of State evidence that LA Oilfield Services, Inc. is a Louisiana business corporation whose domicile address is in Grand Chenier, Louisiana. (See LA Oilfield Services, Inc. Corporations Database report, attached hereto as Exhibit B and last accessed on July 11, 2012 at http://www.sos.la.gov/tabid/819/Default.aspx). Corporate documents acquired from the Louisiana Secretary of State also evidence that Quality Oilfield L.L.C. is a Louisiana limited liability company whose domicile address is in Grand Chenier, Louisiana. (See Quality Oilfield L.L.C. Corporations Database report, attached hereto as Exhibit C and last accessed on July 11, 2012 at http://www.sos.la.gov/tabid/819/Default.aspx). Upon information and belief, the

principal places of business of LA Oilfield Services, Inc. and Quality Oilfield L.L.C. are in the State of Louisiana. Accordingly, for purposes of removal under 28 U.S.C.

1332(a) and 1441, plaintiffs are citizens of the State of Louisiana for the purpose of determining diversity of citizenship in this litigation.

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7. Plaintiff alleges, and IINA agrees, that it is a foreign insurer. Petition for

Damages at 1. IINA is a Pennsylvania corporation with its principal place of business in Philadelphia, Pennsylvania. (See Unsworn Declaration of Matthew J. Raia Pursuant to 28 U.S.C. 1746, attached hereto as Exhibit D). For purposes of removal under 28 U.S.C. 1332 and 1441, and in accordance with 28 U.S.C. 1332(c)(1), IINA is a citizen of the State of Pennsylvania for purposes of determining diversity of citizenship in this litigation. 8. Complete diversity exists between IINA and the named plaintiffs. Therefore, this action is properly removed based upon diversity jurisdiction under 28 U.S.C. 1332(a) and 1441. II. THE AMOUNT IN CONTROVERSY EXCEEDS $75,000.00, EXCLUSIVE OF INTEREST AND COSTS 9. In accordance with 28 U.S.C. 1332(a), the amount in controversy required for removal based upon complete diversity of citizenship must exceed $75,000.00, exclusive of interest and costs. 10. It is established United States Fifth Circuit precedent that the removing defendant can meet its burden of proving by a preponderance of the evidence that the amount in controversy has been met by showing that it is facially apparent from the petition

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that the amount in controversy likely exceeds the jurisdictional amount. Luckett v. Delta Airlines, Inc., 171 F.3d 295, 298 (5th Cir.1999), citing Allen v. R & H Oil & Gas Co., 63 F.3d 1326, 1335 (5th Cir.1995). As set forth below, the Petition for Damages makes clear that the specific amount in controversy exceeds the requirement of $75,000.00. 11. Specifically, plaintiffs allege that Petitioners have sustained damages valued at greater than $191,000.00. . . . Petition for Damages at 12. 12. Plaintiffs further allege that they will be entitled to additional damages, penalties attorneys fees if it is proven that IINAs conduct breached La. Rev. Stat. 22: 1892, La. Rev. Stat. 22: 1893 and La. Rev. Stat. 22: 1973. Petition for Damages at 8-11. Penalties authorized by statute, specifically by both La. Rev. Stat. 22:1220 (now designated as La. Rev. Stat. 22: 1892) and 22:658 (now designated as La. Rev. Stat. 22: 1873), if alleged are to be considered in calculating the amount in controversy for purposes of removal. See, e.g., Lewis v. Auto Club Family Ins. Co., 2011 WL 3444312 at n. 15 (M.D. La. 2011). 13. Removal is permitted where the facts in dispute support a finding that the claims presented exceed the jurisdictional amount. See Allen v. R & H Oil & Gas Co., 63 F.3d 1326, 1335 (5th Cir.1995). Given the foregoing allegations against IINA contained in plaintiffs Petition for Damages, it is facially apparent that the claims presented exceed $75,000.00, exclusive of interest and costs. -6-

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14. IINA contests that any amount is owed to plaintiffs and has numerous defenses to the claims presented in this lawsuit. For purposes of removal, however, this Honorable Court must look to the amount being claimed by plaintiffs without reference to any potential defenses that may exist as to those claims. See St. Paul Mercury Ind. Co. v. Red CabCo., 303 U.S. 283, 292, 58 S. Ct. 586, 592, 82 L. Ed. 845 (1938) (for the fact that it appears from the face of the complaint that a defendant has a valid defense, if asserted, to all or a portion of the claim, or the circumstance that the rulings of the district court after removal reduce the amount recoverable below the jurisdiction requirement, will not justify remand.); see also Marcel v. Pool Co., 5 F.3d 81, 84 (5th Cir. 1993). 15. Considering the above, complete diversity exists between plaintiffs, LA Oilfield Services, Inc. and Quality Oilfield L.L.C., and defendant, IINA. The amount in

controversy for the claims presented by plaintiffs exceeds $75,000.00, exclusive of interest and costs. This Honorable Court has jurisdiction over this civil action in

accordance with 28 U.S.C. 1332(a) and 1441(a). WHEREFORE, defendant, Indemnity Insurance Company of North America, hereby removes this matter to this Honorable Court and requests that jurisdiction be assumed over all the claims made in this civil action and that this civil action be maintained in the United States District Court for the Western District of Louisiana, Lake Charles Division.

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Respectfully submitted: LARZELERE PICOU WELLS SIMPSON LONERO, LLC Two Lakeway Center - Suite 1100 3850 N. Causeway Blvd. Metairie, Louisiana 70002 Telephone: (504) 834-6500 T. JUSTIN SIMPSON, T.A. (BAR #18437) jsimpson@lpwsl.com CORY T. STUART (BAR #33394) cstuart@lpwsl.com ATTORNEY FOR INDEMNITY INSURANCE COMPANY OF NORTH AMERICA

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 12th day of July, 2012, I electronically filed the foregoing with the Clerk of Court by using the CM/ECF system, which will send a notice of electronic filing to all counsel registered for electronic service. I further certify that I have served a copy of the foregoing pleading on all parties to this proceeding not registered for electronic service, by e-mailing, faxing, and/or mailing the same by United States mail, properly addressed and first class postage prepaid. /s/ T. Justin Simpson __

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