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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

FT. WAYNE DIVISION 

JENNIFER COWAN, ) 

 ) 

 Plaintiff, ) 

 ) 

 v. ) Cause No.: 

 ) 

EAGLECARE, LLC/AMERICAN ) 

SENIOR COMMUNITIES ) 

d/b/a SUMMIT CITY NURSING ) 

AND REHABILITATION, ) 

 ) 

 Defendants. ) 

DEFENDANTS’ NOTICE OF REMOVAL 

All of the Defendants, who have been incorrectly sued as EagleCare, 

LLC/American Senior Communities d/b/a Summit City Nursing and Rehabilitation, by counsel, 

file notice to remove an action pending against them in State court to this Court pursuant to 

28 U.S.C. §§ 1441 and 1446. The removal is based on the following grounds: 

1. On April 30, 2014, Plaintiff commenced a lawsuit against Defendants in 

the Allen County, Indiana Superior Court. That action bears the same title as above and is 

docketed as Cause No. 02D02-1404-CT-000225 in the State court. 

2. Defendants have not yet been served with the Summons or Complaint, and 

as of the filing of this Notice of Removal they have not been served with any pleadings in the 

State court action. However, they have learned of the filing of the Complaint through other 

means and have obtained a copy of the Complaint. A copy of the Complaint is attached hereto 

as Exhibit A. 

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3. This case is being removed within 30 days of the filing of the Complaint. 

Therefore, removal is timely under 28 U.S.C. §§ 1446(b). 

4. The action in State court is one over which this Court has original 

jurisdiction under the provisions of 28 U.S.C. § 1331 because it asserts claims under federal law, 

including the Americans with Disabilities Act (“ADA”) and the Employee Retirement Income 

Security Act (“ERISA”). This action is removable to this Court pursuant to 28 U.S.C. § 1441(a). 

5. The United States District Court for the Northern District of Indiana, 

Ft. Wayne Division, is the District Court for the United States for the district and division 

embracing Allen County, Indiana. 28 U.S.C. § 94(a)(1). 

6. The filing fee has been paid contemporaneously herewith. 

WHEREFORE, Defendants hereby remove this action from the Allen County, 

Indiana Superior Court to the United States District Court for the Northern District of Indiana, 

Ft. Wayne Division. 

Dated: May 30, 2014 Respectfully submitted, 

FAEGRE BAKER DANIELS LLP 

By: /s/ Craig M. Borowski 

Craig M. Borowski (#22280-49) 

Ryann E. Ricchio (#30076-53) 

300 North Meridian Street, Suite 2700 

Indianapolis, IN 46204 

Telephone: (317) 237-0300 

Facsimile: (317) 237-1000 

E-mail: craig.borowski@faegrebd.com 

 ryann.ricchio@faegrebd.com Attorneys for the Defendants

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on May 30, 2014, the foregoing was filed 

using the Court’s CM/ECF system. Parties can access this filing through that system, which will 

send notice to counsel of record. The undersigned further certifies that he or she caused a copy 

of the foregoing to be served by First Class United States Mail, postage prepaid, upon: 

Christopher C. Myers 

Ilene M. Smith 

CHRISTOPHER C. MYERS & ASSOCIATES 

809 South Calhoun Street, Suite 400 

Ft. Wayne, IN 46802 

/s/ Craig M. Borowski 

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