LUMINAIRE RECYCLERS, INC. v. ACE AMERICAN INSURANCE COMPANY Complaint

7/27/2019 LUMINAIRE RECYCLERS, INC. v. ACE AMERICAN INSURANCE COMPANY Complaint

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UNITED STATES DISTRICT COURTDISTRICT OF MINNESOTA

FOURTH DIVISION

Luminaire Recyclers, Inc., a Minnesota

corporation,

Plaintiff,

v.

ACE American Insurance Company,

Defendant.

Case No.: __________________

ACE AMERICAN INSURANCE

COMPANYS NOTICE OF REMOVAL

To: CLERK of The United States District Court for the District of Minnesota; andPLAINTIFF LUMINAIRE RECYCLERS, INC. by its attorney, LAURA A. HAGE at1539 Grand Avenue St. Paul, MN 55105.

PLEASE TAKE NOTICE that Defendant ACE American Insurance Company, by filing

this Notice of Removal under 28 U.S.C. 1446(a), removes this matter from the Fourth Judicial

District Court for the County of Hennepin, Minnesota to the United States District Court for the

District of Minnesota, based upon the following grounds for removal:

1. Plaintiff Luminaire Recyclers, Inc. served Defendant ACE with a Complaint,

captioned Luminaire Recyclers, Inc., a Minnesota corporation v. ACE American Insurance

Company , on July 9, 2013.

2. Plaintiff Luminaire is the sole plaintiff bringing the Complaint against Defendant

ACE as the sole defendant.

3. A copy of the Summons and Complaint are collectively attached as Exhibit A to

this Notice, as required by 28 U.S.C. 1446(a). Other than the pleadings attached as Exhibit A,

Defendant ACE is not aware of any other pleadings filed or served by any other parties.

CASE 0:13-cv-02003-DWF-AJB Document 1 Filed 07/25/13 Page 1 of 4


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4. Defendant ACE is filing its Notice of Removal under 28 U.S.C. 1441(b), based

upon diversity jurisdiction conferred over matters between citizens of different States by 28

U.S.C. 1332(a)(1), according to the following:

i. The amount in controversy exceeds the sum of $75,000, exclusive of

interest and costs, as determined under 28 U.S.C. 1446(c)(2)(A)(ii) (Ex. A, Compl.

21);

ii. Plaintiff Luminaire is incorporated and has its principal place of business

in Minnesota, and is therefore a citizen of Minnesota ( id. 1); and

iii. Defendant ACE is incorporated and has its principal place of business inPennsylvania, and is therefore a citizen of Pennsylvania (Ex. A, Ans. 2).

5. This matter is a civil action in which Plaintiff Luminaire alleges that Defendant

ACE breached an insurance contract. (Ex. A, Compl. 20.) The Complaint alleges one Count

labeled Breach of Contract. ( Id. 1521.)

6. In its Complaint, Luminaire alleges that U.S.A. Lamp and Ballast Recycling, Inc.

commenced a lawsuit against Luminaire in September 2009. ( Id. 7.) On January 14, 2013,

Luminaire wrote a letter to ACE claiming that it incurred over $75,000 in attorneys fees in

defending that lawsuit, and it now seeks to recover those costs from ACE in this action.

7. The ACE policy under which Luminaire seeks coverage is Policy

No. G24061097001, which has an Each Occurrence Limit of $1,000,000, subject to a General

Aggregate Limit of $2,000,000 and Products/Completed Operations Limit of $2,000,000. The

ACE Policy also has a Personal & Advertising Injury Limit of $1,000,000 per person or

organization, Contractors Pollution Liability Coverage Part limit of $1,000,000 per pollution

condition, Professional Liability Coverage Part limit of $1,000,000 per claim, and a Third Party



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Premises Pollution Coverage Part limit of $1,000,000 per pollution condition. A $5,000

deductible applies for the Commercial General Liability Coverage, Contractors Pollution

Liability Coverage Part, and Professional Liability Coverage Part, while a $10,000 deductible

applies for the Third Party Premises Pollution Liability Coverage Part.

8. The United States District Court has original jurisdiction over this action pursuant

to 28 U.S.C. 1332 because this is a civil action between citizens of different states in which the

amount in controversy, upon information and belief, exceeds the sum or value of $75,000

exclusive of costs.

9. Because this action is pending in a Minnesota state court, removal to the UnitedStates District Court for the District of Minnesota is proper under 28 U.S.C. 1441.

10. Defendant ACE has timely filed this Notice of Removal less than thirty days after

Plaintiff Luminaire commenced the action by serving it with the Complaint on July 9, 2013, as

required by 28 U.S.C. 1446(b)(1) & (c)(1).

11. Defendant ACE will promptly serve Plaintiff Luminaire with a copy of this

Notice of Removal and file a Notice of Filing Its Notice of Removal with the Fourth Judicial

District Court for the County of Hennepin, Minnesota as required by 28 U.S.C. 1446(d).

12. Defendant ACE reserves all of its defenses, including, without limitation, the right

to amend or supplement this Notice of Removal.

WHEREFORE, Defendant ACE requests that this matter be removed from the Fourth

Judicial District of the State of Minnesota, Hennepin County, to the United States District Court,

District of Minnesota, and that all further proceedings be held before this Court.



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Dated: July 25, 2013 s/ Stacy A. BromanStacy A. Broman, SB#192454R. Henry Pfutzenreuter, SB#0391468MEAGHER & GEER , PLLP33 South Sixth Street, Ste. 4400

Minneapolis, MN 55402Tel: (612) 338-0661Fax: (612) 338-8384Email: [email protected]

[email protected](Counsel for Defendant ACE American Insurance Company )

9142926.1


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LUMINAIRE RECYCLERS, INC. v. ACE AMERICAN INSURANCE COMPANY Complaint