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________________________________________________________________________

NOTICE OF REMOVAL PAGE 1

JOHN E. DEWULF (#006850)

jdewulf@cblawyers.com

VIDULA U. PATKI (#030742)

vpatki@cblawyers.com

COPPERSMITH BROCKELMAN PLC

2800 N. Central Avenue, Suite 1200

Phoenix, Arizona 85004

Telephone: (602) 381-5475

Facsimile: (602) 224-6020

MICHAEL KEELEY

michael.keeley@strasburger.com

(Motion for Admission Pro Hac Vice Pending)

CARLA C. CRAPSTER

carla.crapster@strasburger.com

(Motion for Admission Pro Hac Vice Pending)

STRASBURGER & PRICE, LLP

901 Main Street, Suite 6000

Dallas, Texas 75202

Telephone: (214) 651-4718

Facsimile: (214) 659-4121

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

PHOENIX DIVISION

MPB COLLECTION, LLC,

Plaintiff,

v.

EVEREST NATIONAL INSURANCE 

COMPANY,

Defendant.

NO. ________________________

NOTICE OF REMOVAL

Everest National Insurance Company (“Everest”) hereby removes this lawsuit 

from the Superior Court of Arizona, Maricopa County, to the United States District Court 

Case 2:17-cv-04022-GMS Document 1 Filed 10/31/17 Page 1 of 5
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________________________________________________________________________

NOTICE OF REMOVAL PAGE 2

for the District of Arizona pursuant to 28 U.S.C. §§ 1332 and 1441, and would 

respectfully show the Court as follows:

I.

PARTIES

1. The plaintiff, MPB Collection, LLC (“MPB”) is an Arizona limited liability 

company that has its principal place of business in Arizona. MPB’s sole member is Metro 

Phoenix Bank, Inc. (the “Bank”). The Bank is an Arizona corporation with its principal 

place of business in Phoenix, Arizona. For purposes of diversity of citizenship, MPB is a 

citizen of Arizona and is not a citizen of Delaware or New Jersey. 

2. Defendant Everest is a Delaware corporation, having been incorporated in 

the state of Delaware, with its principal place of business in New Jersey. For purposes of 

diversity of citizenship, Everest is a citizen of Delaware and New Jersey and is not a 

citizen of Arizona.

II.

BACKGROUND

3. On October 10, 2017, Plaintiff filed against Everest the lawsuit styled MPB 

Collection, LLC v. Everest National Insurance Company, Case No. CV2017-013705, 

pending in the Superior Court of Arizona, Maricopa County (the “State Court Lawsuit”).

4. Everest was served with the Plaintiff’s Complaint (the “Complaint”) for the 

first time on October 11, 2017. A true and correct copy of the Complaint and summons

are attached hereto as Exhibit 1, and incorporated herein by reference.

5. In its Complaint, Plaintiff alleges that Everest breached its contractual 

obligations under the terms of at least one of two Financial Institution Bonds that Everest 

issued to Metro Phoenix Bank, Inc. The first is Financial Institution Bond No. 

8100008898-131, effective from May 22, 2013, through May 22, 2014, which was 

amended to terminate on October 24, 2014 (the “2013/2014 Bond”). The second is 

Case 2:17-cv-04022-GMS Document 1 Filed 10/31/17 Page 2 of 5
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NOTICE OF REMOVAL PAGE 3

Financial Institution Bond No. 8100008898-141, effective from October 24, 2014, 

through October 24, 2017 (the “2014/2017 Bond”). The Complaint also seeks attorney’s 

fees incurred in this lawsuit. 

III.

BASIS FOR REMOVAL

6. The State Court Lawsuit is removable to this Court under 28 U.S.C. §§ 

1332(a)(1) and 1441(a). This Court has original jurisdiction based upon diversity of 

citizenship among the parties because there is complete diversity between the Defendant, 

Everest, and the Plaintiff, MPB. The amount in controversy between the parties, 

exclusive of interest and costs, exceeds $75,000.

IV.

DIVERSITY JURISDICTION EXISTS

A. Complete Diversity Exists

7. This case is removable on the basis of diversity of citizenship. There is 

complete diversity, as required by 28 U.S.C. § 1332, between Plaintiff and Defendant. 

Plaintiff MPB is a limited liability company with only one member: a corporation that is 

both incorporated in and has its principal place of business in Arizona. MPB is therefore 

a citizen of Arizona. Everest is incorporated in Delaware and has its principal place of 

business in New Jersey, and is therefore a citizen of Delaware and New Jersey. 

B. The Amount in Controversy Exceeds $75,000

8. The Complaint states that the loss the Plaintiff is seeking to recover under 

“one or both” of the two bonds at issue: the 2013/2014 Bond and the 2014/2017 Bond.

Complaint at ¶ 41. The Complaint also alleges that the amount of the loss at issue 

“exceeds the bonds’ $2 million limit of liability.” Id. at ¶ 32. 

9. Plaintiff is also seeking to recover the attorney’s fees incurred in 

prosecuting this lawsuit. 

Case 2:17-cv-04022-GMS Document 1 Filed 10/31/17 Page 3 of 5
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NOTICE OF REMOVAL PAGE 4

10. As a result, the amount in controversy exceeds $75,000 exclusive of 

interest and costs.

V.

VENUE

11. Venue is proper in this Court under 28 U.S.C. § 1441(a), because this 

district and division of this Court embraces Maricopa County, Arizona, the place where 

the State Court Lawsuit was filed.

VI.

OTHER PREDICATES FOR REMOVAL

12. Everest was served with the Complaint on October 11, 2017. This Notice 

of Removal is filed within thirty days of that date, as required by 28 U.S.C. § 1446(b)(1). 

13. As required by 28 U.S.C. § 1446(a) and LRCiv 3.6, a true and correct copy 

of all executed process, pleadings, orders, and the docket sheet in the State Court 

Lawsuit, along with a verification by counsel for Everest that the attached copies are true 

and correct copies of those documents, are attached as Exhibit 2, and incorporated herein 

by reference.

14. The State Court Lawsuit was filed in the Superior Court of Arizona, 

Maricopa County as Cause No. CV2017-013705. In accordance with 28 U.S.C. § 

1446(d), written notice of this Notice of Removal will be promptly given to Plaintiff 

through his counsel of record, and a copy of such written notice will be filed with the 

clerk of the court in the State Court Lawsuit. 

15. By filing this Notice of Removal, Everest does not intend to waive any 

defenses that it may have to Plaintiff’s claims.

Wherefore, Everest requests that the Court accept jurisdiction over this case 

against it for the reasons set forth above, and grant Everest such other and further relief to 

which it shows itself justly entitled.

Case 2:17-cv-04022-GMS Document 1 Filed 10/31/17 Page 4 of 5
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NOTICE OF REMOVAL PAGE 5

DATED this 31st day of October, 2017.

COPPERSMITH BROCKELMAN PLC

By: /s/ John E. DeWulf

John E. DeWulf

Vidula U. Patki

2800 N. Central Avenue, Suite 1200

Phoenix, Arizona 85004

-andMichael Keeley

(Motion for Admission Pro Hac Vice Pending) 

Carla c. Crapster

(Motion For Admission Pro Hac Vice Pending)

STRASBURGER & PRICE, LLP

901 Main Street, Suite 6000

Dallas, Texas 75202

Telephone: (214) 651-4718

Telecopier: (214) 659-4121

Attorneys for Defendant

Everest National Insurance Company

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been 

served on the following counsel of record via electronic mail and regular mail on this the 

31st day of October, 2017:

Christopher A. LaVoy

Tiffany & Bosco, P.A.

Seventh Floor Camelback Esplanade II

2525 East Camelback Road

Phoenix, Arizona 85016

cal@tblaw.com

/s/ John E. DeWulf

John E. DeWulf

9426980.1/SP/14570/0122/103117

Case 2:17-cv-04022-GMS Document 1 Filed 10/31/17 Page 5 of 5