UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN

BARBARA MITCHELL, 

Plaintiff,

And 

PETTWAY-BAYLIS CORPORATION

d/b/a RISING STAR HEALTH SERVICES, 

 Intervening Plaintiff,

vs.

ALLSTATE INSURANCE COMPANY, 

Defendant.

Civil Action No. 

Removed from

Third Circuit Court

14-014948-NF 

NOTICE OF REMOVAL

Allstate Insurance Company (“Allstate”), by its attorneys MOBLO, 

FLEMING & WATT, P.C., removes this action from the Third Circuit Court, State 

of Michigan, where it is now pending, to the United States District Court for the 

Eastern District of Michigan pursuant to 28 U.S.C. § 1441(b). In support of its 

Notice of Removal, Allstate states as follows:

1. Allstate Insurance Company (“Allstate”) is a corporation duly 

organized under the laws of the State of Illinois with its principal place of business 

in Northbrook, Illinois.

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2. On or about November 20, 2014, Plaintiff Barbara Mitchell filed the 

above-captioned civil action, No. 14-014948-NF, in the Third Circuit Court, State 

of Michigan. See Summons and Complaint, attached as Exhibit A. 

3. Plaintiff is a citizen and resident of the State of Michigan. 

4. In her Complaint, Plaintiff claims to be seeking in excess of $25,000 

for No-Fault benefits from Defendant1

, for a May 1, 2014 motor vehicle accident. 

5. The summons and complaint were served on Allstate on or about 

November 24, 2014. 

6. On May 11, 2015, Rising Star Health Services ("Rising Star"), an 

assumed name for Pettway-Baylis Corporation, filed a Motion to Intervene in the 

above-referenced matter. See Rising Star's Motion to Intervene and Brief in 

Support, attached as Exhibit B. 

7. Rising Star is a corporation organized under the laws of the State of 

Michigan with its principal place of business in Detroit, Michigan. See Corporation 

Filing, attached as Exhibit C. 

8. In its Motion, Rising Star seeks reimbursement of bills totaling 

$176,040 for replacement and attendant care services allegedly rendered by 

“employee” Shawnisha Carpenter to Plaintiff following the May 1, 2014 motor 

vehicle accident. 

 1 Defendant was assigned Plaintiff’s claim by the Michigan Assigned Claims Plan 

Facility in July 2014. 

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9. Rising Star relies on MCR 2.209 in support of its motion to intervene 

and argues it is entitled to intervene as a matter of right as well as permissibly in 

order to protect its own interests in the afore-mentioned lawsuit. Exhibit B, ¶¶5-7.

10. Rising Star also argues that its claims and defenses "involve the same 

governing law and similar facts as the underlying action because all the claims 

arise out of the same accident or occurrence, the motor vehicle accident." Exhibit 

B, ¶8.

11. 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 in actions for benefits under the No-Fault 

Act, M.C.L. 500.3101, et. seq., the claims of the insured/injured party and the 

medical providers are combined, as the medical provider’s claims are entirely 

derivative of the insured’s claims. See Moody Opinion, attached as Exhibit D.

12. As such, the combined claims being brought against Allstate relative 

to Plaintiff's No-Fault claim for the May 1, 2014 motor vehicle accident, including 

the claims brought by Plaintiff and Rising Star, total more than $200,000 and 

exceed $75,000. 

13. Therefore, a controversy exists between Allstate, Plaintiff and Rising 

Star, and the amount in controversy in the afore-mentioned action is at least 

$200,000, exclusive of interest and costs, making this case removable to this Court.

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14. Allstate’s Notice of Removal is timely because it is filed within thirty 

(30) days “... after receipt by the defendant, through service or otherwise, of a 

copy of an amended pleading, motion, order or other paper from which it may first 

be ascertained that the case is one which is or has become removable.” 28 U.S.C. 

§1446(b)(3). 

15. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 

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

16. Moreover, this Court also has supplemental jurisdiction over 

Plaintiff's claim pursuant to 28 U.S.C. §1367, as Plaintiff's claim, and the 

derivative claim of Rising Star, are so related that they form part of the same case 

or controversy arising out of the same alleged May 1, 2014 motor vehicle accident. 

17. The within Notice of Removal will be filed with the Clerk of the 

Third Circuit Court, State of Michigan, as required by 28 U.S.C. § 1446(d), and 

copies of the same will be served upon Plaintiff and Rising Star’s counsel.

18. Allstate hereby relies upon its Jury Demand previously filed in this 

matter and demands a trial by jury on the claims at issue in the Complaint(s).

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Respectfully submitted,

MOBLO, FLEMING & WATT, P.C.

/s/ Prerana R. Bacon

______________________________

Prerana R. Bacon (P69680)

39555 Orchard Hill Place

Suite 310

Novi, MI 48375

734.542.8400

pbacon@moblofleming.com

Attorneys for Defendant

Allstate Insurance Company

Dated: May 13, 2015

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CERTIFICATE OF SERVICE

I, Prerana R. Bacon, hereby certify that on May 13, 2015, I electronically 

filed the foregoing papers with the Clerk of the Court using the ECF system. I 

hereby certify that I have mailed a copy of the foregoing document and all exhibits 

thereto to the following via United States First-Class Mail:

Sam Elia, Esq.

ELIA & PONTO, P.L.L.C.

25800 Northwestern Hwy., Suite 850

Southfield, MI 48075

Jeremy Knox, Esq.

THE LOBB LAW FIRM

26321 Woodward Ave.

Huntington Woods, MI 48070

I further certify that I have filed a copy of the foregoing with the Clerk of the Third 

Circuit Court, State of Michigan.

/s/ Prerana R. Bacon

______________________________

Prerana R. Bacon (P69680)

39555 Orchard Hill Place

Suite 310

Novi, MI 48375

734.542.8400

pbacon@moblofleming.com

Dated: May 13, 2015

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