Case: 4:12-cv-01521-CAS Doc.

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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).

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3.

Plaintiff seeks recovery through Missouris 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 Plaintiffs Petition seeks collection of the $1,500,000 judgment Plaintiff obtained in the underlying lawsuit, plus post-judgment

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interest. Hence, Plaintiffs Petition alone establishes that the amount in controversy is in excess of $75,000. 6. Defendant ACE was served with Plaintiffs 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 Plaintiffs 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.

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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