UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

OAKWOOD HEALTHCARE, INC.,

(Brian Bear) USDC Case No. 2:15-cv-10857

Hon.

Plaintiff,

vs. WCCC Case No. 14-0152800-NF

Hon. Muriel Hughes

STATE FARM MUTUAL AUTOMOBILE 

INSURANCE COMPANY,

Defendant.

BRUCE K. PAZNER (P39913)

JOSHUA S. HAVENS (P75678)

MARTIN A. HOGG (P76312)

Attorneys for Plaintiff

15200 E. Jefferson Avenue, Suite 104

Grosse Pointe Park, Michigan 48230

(313) 822-2244

bruce@panzerlaw.com

CARY R. BERLIN (P64122)

KATHERINE M. FRIES (P53679)

PATRICK, JOHNSON & MOTT, P.C.

Attorneys for Defendant

27777 Franklin Road, Suite 1400

Southfield, Michigan 48034

(248) 356-8590

cberlin@pjmpc.com

STATE FARM’S NOTICE OF REMOVAL

The Defendant, State Farm Mutual Automobile Insurance Company (“State

Farm”), through its attorneys, Patrick, Johnson & Mott, P.C., removesthe above action

from the Wayne County Circuit Court to this Court, pursuant to 28 U.S.C. §

1446(b)(3) and 28 U.S.C. § 1446(c)(1), based upon the following grounds:

1. The above action wasfiled on December 11, 2014 in the Circuit Court for

2:15-cv-10857-LJM-MKM Doc # 1 Filed 03/06/15 Pg 1 of 5 Pg ID 1
the County of Wayne, State of Michigan [Case No. 2014-015800-NF] and is now

pending in that Court. Copies of all process and pleadings served upon State Farm are

attached as Exhibit “A.”

2. State Farm is now, and was at the time of the commencement of this

action, a corporation organized and existing under the laws of the State of Illinois,

having its principal place of business located in the City of Bloomington, State of

Illinois. State Farm is, therefore, a citizen and resident of the State of Illinois, and is

not a resident, citizen or corporation of the State of Michigan.

3. According to Paragraph 1 of its Complaint, and according to its website,

the Plaintiff is a Michigan company, and specifically, a medical care provider, with

its principal place of businesslocated in the City of Dearborn, County of Wayne, State

of Michigan. [The website is http://www.oakwood.org/corporate-services].

4. At the time the Complaint in this matter was filed, the amount in

controversy was less than $75,000.01, based on the medical bills submitted to State

Farm regarding Oakwood’s claimed treatment of State Farm’s insured, Brian Bear,

related to a February 7, 2014 automobile accident.

5. On February 13, 2015, State Farm received a summons and complaint

filed by Mr. Bear, seeking benefits under his State Farm automobile policy and the

No-Fault Act, including medical benefits, wage loss and replacement services alleged

2:15-cv-10857-LJM-MKM Doc # 1 Filed 03/06/15 Pg 2 of 5 Pg ID 2
to be related to the February 7, 2014 automobile accident.1

6. Pursuant to the Michigan Court of Appeals decision in Moody v. Home

Owners Ins. Co., 304 Mich. App. 415; 849 N.W.2d 31 (2014), when determining the

amount in controversy, the claims of the insured and the medical providers are

combined, as the medical provider’s claims are entirely derivative of the insured’s

claims. (Moody opinion attached as Exhibit “B”).

7. Accordingly, as the combined claims being brought under Mr. Bear’s

policy are in excess of $75,000.01 (see Affidavit of State Farm claim representative

Erin Anderson, attached as Exhibit “C”), both cases are removable to this Court (and

should be consolidated into one action).

8. Accordingly, a controversy exists between State Farm and the Plaintiff,

and the amount of controversy in this action is at least $100,000.00, exclusive of

interest and costs. (Exhibit “C”).

9. This Court has original jurisdiction of the action, pursuant to 28 U.S.C.

§ 1332, due to the amount in controversy and diversity of citizenship of the parties.

10. Because this matter has been removed within thirty days after receipt by

State Farm of the pleading (the Complaint filed by Mr. Bear) where it was first

ascertained that the case had become removable, and because the removal is not

State Farm has also Removed Brian Bear’s lawsuit against it, Case No. 2:15-cv1

10856.

2:15-cv-10857-LJM-MKM Doc # 1 Filed 03/06/15 Pg 3 of 5 Pg ID 3
occurring more than one year after the commencement of this action, State Farm is

entitled to remove the above action fromthe WayneCounty CircuitCourt to this Court

pursuant to 28 U.S.C. § 1446(b)(3) and 28 U.S.C. § 1446(c)(1).

Respectfully submitted,

PATRICK, JOHNSON&MOTT,P.C.

s/Cary R. Berlin

Attorneys for Defendant

27777 Franklin Road, Suite 1400

Southfield, Michigan 48034

(248) 356-8590

cberlin@pjmpc.com

Date: March 6, 2015 P64122

2:15-cv-10857-LJM-MKM Doc # 1 Filed 03/06/15 Pg 4 of 5 Pg ID 4
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

OAKWOOD HEALTHCARE, INC.,

(Brian Bear) USDC Case No. 2:15-cv-10857

Hon.

Plaintiff,

vs. WCCC Case No. 14-0152800-NF

Hon. Muriel Hughes

STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY,

Defendant.

BRUCE K. PAZNER (P39913)

JOSHUA S. HAVENS (P75678)

MARTIN A. HOGG (P76312)

Attorneys for Plaintiff

15200 E. Jefferson Avenue, Suite 104

Grosse Pointe Park, Michigan 48230

(313) 822-2244

bruce@panzerlaw.com

CARY R. BERLIN (P64122)

KATHERINE M. FRIES (P53679)

PATRICK, JOHNSON & MOTT, P.C.

Attorneys for Defendant

27777 Franklin Road, Suite 1400

Southfield, Michigan 48034

(248) 356-8590

cberlin@pjmpc.com

PROOF OF SERVICE

The undersigned certifies that on March 6, 2015, copies of Defendant’s Notice of

Removal and this Proof of Service were served upon the Attorney for the Plaintiff via first

class mail, by depositing a copy thereof in the U.S. Mail, in postage prepaid envelopes, and

upon the Wayne County Circuit Court Clerk via e-filing. I declare under penalty of perjury

that the above statement is true to the best of my knowledge, information and belief.

s/Cary R. Berlin

PATRICK JOHNSON & MOTT

Attorneys for Defendant

27777 Franklin Road, Suite 1400

Southfield, Michigan 48034

248-356-8590

cberlin@pjmpc.com

P64122

2:15-cv-10857-LJM-MKM Doc # 1 Filed 03/06/15 Pg 5 of 5 Pg ID 5