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RENAUDCOOK

DRURY MESAROS

ONE NORTI I CL'N7'RN.

SUITE 900

PHOENIX, AZ 65004

rei.celaoNe (G02) 307-9900

FncsiMas (G02) 307.5853

Steven G. Mesaros, #009215

Kelly A. Hedberg, #024934

RENAUD COOK DRURY MESAROS, PA

One Nprth Central, Suite 900

Phoenix, Arizona 850Q4-4417

Telephone: (602) 307-9900

Facsimile: (602) 307-5853

E-mail: docket(a,rcdmlaw. com

smesaros ~cdmlaw. com

khedbe~ ,rcdmlaw. com

Attorneys for Defendant Zurich

American Insurance Company

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

James McGee, an Arizona resident, No.

Plaintiff,

v.

Zurich American Insurance Company,

Defendant.

DEFENDANT' S NOTICE OF

REMOVAL

Defendant Zurich American Insurance Company ("Defendant") files this Notice of

Removal, showing the following grounds:

1. On September 15, 2017, Plaintiff filed an action in the Superior Court of the

State of Arizona, In and For the County of Maricopa, styled McGee v. Zurich American

Insurance Company, Case No. CV 2017-010944. A true and correct copy of the state court's

docket, including all process, pleadings and orders served upon Defendant in the state court

action, is filed with this notice as required by 28 U.S.C. §1446(a) and Local Rule 3.7, and

attached hereto as Exhibit 1.

2. Service on Defendant was effectuated by Certified Mail to the Arizona

Department of Insurance, as statutory agent for Defendant, on October 2, 2017. (See Exhibit

1, Summons). Therefore, this Notice of Removal is timely filed under 28 U.S.C. §1446(b),

(Page 1,) [2313-0071]

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LAW OI'I'ICCS

RENAUDCOOK

DRURY MESAROS

ONF. NORTI{ CL'NTRAL

SUI'fL 900

PxoeHix, AZ 85004

TF.LEPIIONii (602) 307-9900

Fncslhf ire (602) 307-5853

within thirty (30) days of receipt of the initial pleading setting forth the claim for relief and

summons.

3. All Defendants consent to removal of this action to the United States District

Court.

4. The United States District Court has original jurisdiction over this action based

upon diversity of citizenship between the parties, as explained below. To the best of

Defendant's knowledge, Plaintiff is a citizen of the State of Arizona. (Complaint, ¶5).

Defendant is now, and was at the time the action was commenced, diverse in citizenship

from Plaintiff, Defendant is incorporated in the state of Illinois with its principal place of

business being Illinois, and was domiciled there at the time this action was commenced.

(Complaint, ¶7).

5. The amount in controversy exceeds $75,000. Where there is diversity of

citizenship, 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."

28 U.S.C. § 1332(a). The Ninth Circuit has held that a removing defendant need not

establish the amount in controversy to a "legal certainty." Sanchez v. Monumental Life Ins.

Co., 102 F.3d 398, 404 (9th Cir. 1996) (amount in controversy shown by a preponderance of

the evidence). "In measuring the amount in controversy, a court must assume that the

allegations in the complaint are true and assume that a jury will return a verdict for the

plaintiff on all claims made in the complaint." Forever Living Products U.S. Inc. v. Geyman,

471 F.Supp. 2d 980, 986 (D. Ariz. 2006). Plaintiff s Complaint brings a cause of action for

breach of contract and breach of the duty of good faith and fair dealing (Bad Faith) and seeks

to collect on a $5 million stipulated judgment. (Complaint, ¶~ 45, 55, and 69).

6. Therefore, because this action is wholly between citizens of different states,

and because the amount in controversy exceeds $75,000 exclusive of interest and costs, this

Court has original jurisdiction over this cause pursuant to 28 U.S.C. §1332(a)(1).

(Page 2,) [2313-0071 ]

3568264.v1

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uw orr~ces

RENAUDCOOK

DRURY MESAROS

ONC NORTI I CIiN'PRAL

SUITG 900

Pi~oeNix, AZ 8500)

TeLePIIONG (G02) 307-9900

FnCSIMILE (602)307-SR53

7. Under 28 U.S.C. §1441(a), venue of the removed action is proper in this Court

as the district and division embracing the place where the state action is pending.

8. Defendant, the removing party, will promptly give the adverse party written

notice of the filing of this Notice of Removal as required by 28 U.S.C. § 1446(d). Defendant

will promptly file a copy of this Notice of Removal with the Clerk of the Superior Court of

the State of Arizona, In and For the ,County of Maricopa, where the action is pending, also

pursuant to 28 U.S.C. §1446(d).

9. WHEREFORE, Defendant, pursuant to these statutes and in conformance with

the requirements set forth in 28 U.S.C. § 1446 and Local Rule 3.7, removes the case styled

McGee v. Zurich American Insurance Company, Case No. CV 2017-010944, from the

Superior Court of the State of Arizona, In and For the County of Maricopa on October 31,

2017.

RESPECTFULLY SUBMITTED this 31St day of October, 2017.

CERTIFICATE OF SERVICE

I hereby certify that on this 31St day of October, 2017, I electronically transmitted the

foregoing document to the Clerk's Office using the CM/ECF System for filing and

transmitted a Notice of Electronic Filing to the following CM/ECF participants.

RENAUD COOK DRURY MESAROS, PA

By /s/Kelly A. Hedbe~g~

Steven G. Mesaros

Kelly A. Hedberg

One North Central, Suite 900

Phoenix, Arizona 85004-4417

Attorneys for Defendant Zurich American

InsuNance Company

Mick Levin, Esq.

MICK LEVIN, PLC

3401 N. 32" Street

Phoenix, AZ 85018-5606

Attorney for Plaintiff

(Page 3,) [2313-0071]

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RENAUDCOOK

DRURY MESAROS

ONF. NORTII CGN7'RAL

SUI7'L 900

PHor.Nlx, AZ 85004

TF.I.F.PHONB (602) J07.9900

FgcsIMIL¢ (G02) 307.5853

David L. Abney, Esq.

AHWATUKEE LEGAL OFFICE, P.C.

Post Office Box 50351

Phoenix, AZ 85076

Attorney for Flaintiff

Joseph Erlichman, Esq.

ERLICHMAN LAW FIRM

2200 E. Camelback Rd., Suite 102

Phoenix, AZ 85016

Attorney for Plaintiff

/s/Vicki L. Cobbs

(Page 4,) [2313-0071]

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