UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

LEE E. STEINMAN, Case No.:

Plaintiff,

v. State of Michigan Huron County 

Case No. 15-105312-NF

ACE AMERICAN INSURANCE COMPANY, Hon. Gerald M. Prill

Defendant.

KENNETH L. BUTTERS (P78197)

BRICK GENTRY, P.C.

Attorney for Plaintiff

6701 Westown Parkway, Suite 100

West Des Moines, IA 50266

(515) 274-1450

(515) 274-1488

Ken.butters@brickgentrylaw.com

KEVIN J. PLAGENS (P55992)

KOPKA PINKUS DOLIN, PLC

Attorney for Defendant

33533 W. Twelve Mile Road, Suite 350

Farmington Hills, MI 48331-5611

(248) 324-2620

(248) 324-2160

kjplagens@kopkalaw.com 

______________________________________________________________________

TO: Clerk of the Court Hon. 

Wayne County Circuit Court

Two Woodward Avenue

201 CAYMC

Detroit, MI 48226

NOTICE OF REMOVAL

TO THE U.S. DISTRICT COURT – EASTERN DISTRICT OF MICHIGAN

Case 1:15-cv-11068-TLL-PTM ECF No. 1, PageID.1 Filed 03/23/15 Page 1 of 4
SOUTHERN DIVISION AND COUNSEL OF INTEREST

NOW COMES the Defendant, ACE AMERICAN INSURANCE COMPANY, a duly 

registered business (hereinafter “Defendant”), by and through its undersigned counsel, pursuant 

to 28 U.S.C. §1332, §1441 and §1446, and Fed. R. Civ. P. 11, and files this Notice of Removal 

of the lawsuit entitled: LEE E. STEINMAN, (henceforth referred to as “Plaintiff”) -vs- ACE 

AMERICAN INSURANCE COMPANY (henceforth referred to as “Defendant”) pending in 

the Circuit Court in and for Huron County, Michigan, Case No. 15-105312-NF hereinafter "the 

State Court Action"). As grounds for removal, Defendant states as follows:

1. This Notice of Removal has been filed within the time prescribed in 28 U.S.C. 

§1446(b). This Court has original jurisdiction pursuant to 28 U.S.C. §1332(a).

BACKGROUND

2. In this matter the Plaintiff alleges that he was involved in an automobile accident 

on October 3, 2012. 

3. That following said accident the Defendant became obligated, and breached its to 

pay the Plaintiff Michigan No-fault personal injury protection benefits pursuant to MCL 

500.3101 et seq. 

4. The Plaintiff’s Complaint was filed on or about February 12, 2015. 

5. On February 20, 2015, Plaintiff’s counsel, via certified mail return receipt, mailed 

a copy of said Summons and Complaint to the Defendant. On February 25, 2015, Defendant’s 

Registered Agent, CT Corporation, received said pleadings. 

DIVERSITY OF CITIZENSHIP

6. Pursuant to the Plaintiffs Complaint, he is a resident and domiciled in the State of 

Michigan at 39 N. Caseville Road, Pigeon, Michigan. (See Exhibit A, Pages 1)

Case 1:15-cv-11068-TLL-PTM ECF No. 1, PageID.2 Filed 03/23/15 Page 2 of 4
7. The Defendant is a Pennsylvania Corporation. (See Exhibit A, Page 1)

8. At the time this Complaint was filed, Defendant was and continues to be 

domiciled in the State of Pennsylvania at 2 Liberty Place 1601 Chestnut St. Philadelphia, PA 

19103. 

9. Pursuant to a conversation between defense counsel Kevin Plagens and 

Plaintiff’s counsel Kenneth L Butters , on March 6, 2015, Plaintiff’s counsel alleges that 

Plaintiff’s damages are far in excess of $75,000 (See Exhibit B). Therefore, pursuant to 

Fed.R.Civ.P. LR 81.1, and 28 USC §1332 (a), this matter meets jurisdictional limits for 

diversity.

10. Pursuant to 28 USC §1332 (a), the district courts shall have 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:

(1) citizens of different States; 

11. Because the Defendant removed this case on March 23, it is within thirty days of 

service of the State Court action, making this removal timely.

12. The Defendant has sought and received concurrence from Plaintiff’s counsel 

regarding this petition. 

13. The undersigned has served written notice of the removal of this action on 

Plaintiff by serving its counsel with this Notice of Removal, and has filed a Notice of Filing 

Notice of Removal with the Clerk of the Circuit Court in and for Huron County, Michigan.

Case 1:15-cv-11068-TLL-PTM ECF No. 1, PageID.3 Filed 03/23/15 Page 3 of 4
KOPKA, PINKUS, DOLIN & EADS, P.L.C.

/s/ Kevin J. Plagens

KEVIN J. PLAGENS (P55992)

Attorney for Defendant

33533 West 12 Mile Road, Suite 350

Farmington Hills, MI 48331-5611

(248) 324-2620

Dated: March 21, 2015

PROOF OF SERVICE

The undersigned certifies that a copy of the 

foregoing instrument was served upon the 

attorneys of record to the above cause, by 

Electronic Case Filing, on March 20th, 2015.

/s/Jacqueline Nicholson

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