Case: 2:12-cv-00425-JLG-TPK Doc #: 1 Filed: 05/17/12 Page: 1 of 4 PAGEID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION

WARREN DRILLING CO, INC. Case No. 2:12-cv-425 Plaintiff, State Court Case No. CVH212-0085 Judge John W. Nau ACE AMERICAN INSURANCE COMPANY, et al., Defendants.

NOTICE OF REMOVAL Defendants ACE American Insurance Company ("ACE") and Equitable Production Company n/k/a EQT Production ("EQT" or, together with ACE, "Defendants") hereby file this Notice of Removal of this action from the Court of Common Pleas of Noble County, Ohio to the United States District Court for the Southern District of Ohio, pursuant to 28 U.S.C. 1332, 1441 and 1446. This is a civil action over which this Court has original jurisdiction and the matter is properly removed to this Court for these reasons: 1. On April 13, 2012, Plaintiff Warren Drilling Co., Inc. filed a complaint in the

Court of Common Pleas of Noble County, Ohio captioned Warren Drilling Co., Inc. v. ACE American Insurance Co., et al.. Case No. CVH212-0085 (hereinafter, the "State Action"). 2. On April 13, 2012, the Court of Common Pleas of Noble County, Ohio issued

summonses to Defendants. 3. On April 19, 2012, EQT was served with the complaint in the State Action. On

April 20, 2012, ACE was served with the complaint in the State Action. In accordance with 28

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U.S.C. 1446(a), a copy of the summonses and complaint in the State Action are attached as "Exhibit 1." 4. According to the complaint, Plaintiff is a corporation incorporated under the laws

of the State of Ohio with its principal place of business in the State of Ohio. (Compl. ]f 3.) 5. ACE is the company that issued the insurance policy that is the subject of the

State Action, and it is a corporation incorporated under the laws of the Commonwealth of Pennsylvania with its principal place of business in the Commonwealth of Pennsylvania. (Id ]} 4.) 6. EQT is a corporation organized under the laws of the Commonwealth of

Pennsylvania with its principal place of business in the Commonwealth of Pennsylvania. (Id ]} 5.) 7. The complaint sets forth four causes of action against ACE: (1) breach of

contract for failure to defend; (2) breach of contract for failure to indemnify; (3) bad faith for failure to defend; and (4) bad faith for failure to indemnify. (Idfflf29-49.) Each of these causes of action arises out of ACE's issuance of an insurance policy to Plaintiff. 8. According to the complaint, Plaintiff seeks payment from ACE in the amount of

$190,825.97 in compensatory damages, an unspecified amount of punitive and exemplary damages, and payment of attorneys' fees and costs. (Id at 10-11.) 9. The complaint sets forth two causes of action against EQT: (1) breach of

contract; and (2) common-law indemnification. (Id fflf 50-60.) 10. According to the complaint, Plaintiff seeks payment from EQT in the amount of

$190,825.97 in compensatory damages and payment of attorneys' fees and costs. (Id at 13.) 11. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1332.

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12.

This Notice of Removal is filed within thirty (30) days after Defendants' receipt

of a copy of the complaint and summons on or about April 19, 2012 or April 20, 2012. 13. A copy of the Notice of Removal will be sent to the Clerk of Court of the

Common Pleas Court of Noble County, Ohio, and to all adverse parties. 14. Accordingly, this action is hereby removed to the United States District Court for

the Southern District of Ohio, Eastern Division, pursuant to 28 U.S.C. 1332.

Respectfully submitted,

/s/ Darius N. Kandawalla by Sabrina Haurin per auth. granted 05/16/12 Darius N. Kandawalla (0066487) Trial Attorney for Defendant ACE American Insurance Company One Columbus 10 West Broad Street, Suite 2100 Columbus, Ohio 43215-3422 Telephone: (614)229-3255 Telefax: (614)221-0479 darius.kandawalla@baileycavalieri.com Of counsel: Sabrina Haurin (0079321) Bailey Cavalieri LLC One Columbus 10 West Broad Street, Suite 2100 Columbus, Ohio 43215-3422 Telephone: (614)229-3253 Telefax: (614)221-0479 sabrina.haurin@baileycavalieri.com

/s/ Lyle Brown by Sabrina Haurin per auth._ granted 05/16/12 Lyle Brown (0069488) Trial Attorney for Defendant Equitable Production Company n/k/a EQT Production Huntington Center 41 South High Street, Suite 2200 Columbus, Ohio 43215 Telephone: (614)221-5100 Telefax: (614)221-0952 lyle.brown@steptoe-johnson.com Of counsel: Kevin West, Esq. Steptoe & Johnson PLLC Huntington Center 41 South High Street, Suite 2200 Columbus, Ohio 43215 Telephone: (614)221-5100 Telefax: (614)221-0952 kevin.west@steptoe-johnson.com

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Bailey Cavalieri LLC One Columbus 10 West Broad Street, Suite 2100 Columbus, Ohio 43215-3422 Telephone: (614)221-3155 Telefax: (614)221-0479 Counsel for Defendant ACE American Insurance Company

Steptoe & Johnson PLLC Huntington Center 41 South High Street, Suite 2200 Columbus, Ohio 43215 Telephone: (614)221-5100 Telefax: (614)221-0952 Counsel for Defendant Equitable Production Company n/k/a EQT Production

CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice of Removal was filed with the Court via the Court's CM/ECF system and that it was served upon Plaintiff by sending a copy of it to Plaintiffs counsel, as follows, this 17th day of May, 2012 via first-class United States mail, postage prepaid. Colleen E. Cook, Esq. Daniel P. Corcoran, Esq. James S. Huggins, Esq. Theisen Brock, A Legal Professional Association 424 Second Street Marietta, Ohio 45750 Counsel for Plaintiff

/s/ Sabrina Haurin Sabrina Haurin (0079321)

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