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FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

1 East Washington Street, Suite 500

Phoenix, Arizona 85004

(602) 777-6230

Amy M. Samberg (#013874)

Amy L. Stein (#026113)

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

1 East Washington Street, Suite 500

Phoenix, Arizona 85004

Telephone: 602-777-6230

Facsimile: (312) 863-5099

E-Mail: asamberg@fgppr.com astein@fgppr.com

Attorneys for Defendant LM General Insurance Company

(erroneously named and sued as Liberty Mutual Insurance 

Company) 

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Albert Mitchell, individually,

Plaintiff,

v.

Liberty Mutual Insurance Company, a

Massachusetts Corporation; John Does 1- 5; Jane Does 1-5; Black Corporations 1-5; 

and White Partnerships 1-5,

Defendants.

No. 

No. CV2017-014893

Maricopa County Superior Court 

NOTICE OF REMOVAL OF 

ACTION; VERIFICATION OF 

AMY STEIN

PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. § 1446, Defendant LM 

GENERAL INSURANCE COMPANY (“Liberty,” erroneously named, sued and served as 

Liberty Mutual Insurance Company) hereby petitions this Court for removal of the state 

court action, which was originally commenced in the Superior Court of the State of Arizona 

in and for the County of Maricopa, entitled Albert Mitchell, individually, v. Liberty Mutual 

Insurance Company, et al., Case No. CV2017-014893, on the following grounds: 

1. On or around November 13, 2017, an action was commenced in the Superior 

Court of Arizona, County of Maricopa, entitled Albert Mitchell, individually, v. Liberty 

Mutual Insurance Company, et al., Case No. CV2017-014893 (the “State Court Action”). 

A true and correct copy of the Complaint is attached as Exhibit 1. 

Case 2:17-cv-04629-DLR Document 1 Filed 12/14/17 Page 1 of 6
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FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

1 East Washington Street, Suite 500

Phoenix, Arizona 85004

(602) 777-6230

2. On November 15, 2017, a Summons and the Complaint were served on 

Liberty through a Process Server, First Legal. A true and correct copy of the Summons and 

Certificate of Service are attached hereto as Exhibit 2. 

3. Attached, collectively, as Exhibit 3 are copies of all other process, pleadings, 

and orders filed in the State Court Action: Coversheet, Jury Demand and Certificate 

Regarding Arbitration. 

4. The thirty-day period for removal does not begin to run until the party has 

been properly served. See Murphy Brothers Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 

344, 347–48 (1999). Thirty days have not elapsed since Liberty received the Summons and 

Complaint in this action. Accordingly, this Notice is timely filed under 28 U.S.C. § 1446(b). 

5. Plaintiff’s Complaint alleges causes of action for uninsured motorist benefits, 

breach of contract, and insurance bad faith and seeks punitive damages. See Exhibit 1. 

VENUE

6. Under 28 U.S.C. § 1446(a), venue of this action is proper in this Court as the 

district and division within which the State Court Action was brought. 

JURISDICTION

7. Under 28 U.S.C. § 1441, Congress has granted defendants the statutory right 

to remove a case from state court to a United States District Court where that case could 

have originally been filed in federal court. This grant is authorized by Article III, Section 

2 of the United States Constitution, which extends judicial power of the federal courts to 

controversies “between citizens of different states.” 28 U.S.C §1332. 

8. Removal is proper in this case because the Court has original jurisdiction of

this action under 28 U.S.C. § 1332 because there is complete diversity of citizenship 

between the parties and the amount in controversy, exclusive of interest and costs, exceeds 

$75,000.00. See 28 U.S.C. § 1441. 

Case 2:17-cv-04629-DLR Document 1 Filed 12/14/17 Page 2 of 6
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FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

1 East Washington Street, Suite 500

Phoenix, Arizona 85004

(602) 777-6230

AMOUNT IN CONTROVERSY

9. The amount in controversy exceeds $75,000, exclusive of interest and costs

as evidenced by Plaintiff’s pre-litigation demand to Liberty dated October 19, 2017 for 

$100,000. (See Attached Verification of Amy Stein and Exhibit 5) 

10. Liberty does not concede that it is guilty of any conduct that would warrant 

the imposition of any of the damages alleged by Plaintiff or that the claimed damages were 

causally related to the conduct alleged against it, but based on the foregoing, Liberty

believes that the evidence shows that the amount in controversy with respect to Plaintiff is 

in excess of $75,000.00. 

GEOGRAPHICAL DIVERSITY

11. Upon information and belief, Plaintiff is a citizen of Arizona. See Exhibit 1, 

paragraph 1. 

12. Liberty is an insurance company organized and existing under the laws of the 

State of Illinois with its principal place of business in the State of Massachusetts. Liberty

is licensed to do business in the State of Arizona as an insurance carrier.

13. This case meets the requirements for original jurisdiction in this Court 

stemming from diversity of citizenship as set forth in 28 U.S.C. § 1332(a). 

REMOVAL IS PROPER

14. This Notice of Removal is timely filed because it was filed within thirty days 

after receipt of the Summons and Complaint by Liberty and is filed within one year of the 

filing of the Complaint. 28 U.S.C. § 1446(b).

15. Liberty will also timely file a Notice of Removed Action with the Clerk of 

the Maricopa County Superior Court.

16. Liberty is providing written notice to Plaintiff. 28 U.S.C. § 1446(d).

17. Liberty reserves the right to amend or supplement this Notice of Removal.

WHEREFORE, Liberty hereby requests that the action now pending against it in the 

Superior Court of the State of Arizona, in and for the County of Maricopa, be removed to 

this Court.

Case 2:17-cv-04629-DLR Document 1 Filed 12/14/17 Page 3 of 6
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FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

1 East Washington Street, Suite 500

Phoenix, Arizona 85004

(602) 777-6230

DATED this 14th day of December, 2017.

FORAN GLENNON PALANDECH 

PONZI & RUDLOFF PC

By: s/ Amy L. Stein

Amy M. Samberg

Amy L. Stein

1 East Washington Street, Suite 500

Phoenix, Arizona 85004

Attorneys for Defendant LM General 

Insurance Company (erroneously 

named and sued and Liberty Mutual 

Insurance Company)

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FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

1 East Washington Street, Suite 500

Phoenix, Arizona 85004

(602) 777-6230

VERIFICATION OF AMY STEIN

I, Amy Stein, verify as follows: 

1. I am an active member in good standing of the State Bar of Arizona and a 

partner with the law firm of Foran Glennon Palandech Ponzi & Rudloff, P.C., counsel of 

record for Defendant LM General Insurance Company, erroneously named and sued as 

Liberty Mutual Insurance Company. 

2. I have firsthand knowledge of the matters set forth herein. I submit this 

verification pursuant to L.R. Civ. P. 3.6 and Fed. R. Civ. P. 11. 

3. Attached as Exhibit 1 is a true and correct copy of the Complaint originally 

filed in the Superior Court of the State of Arizona, in and for the County of Maricopa, 

entitled Albert Mitchell, LLC v. Liberty Mutual Insurance Company, Case No. CV2017-

014893 (the “State Court Action.”) 

4. Attached as Exhibit 2 are true and correct copies of the Summons directed to 

Liberty in care of Liberty Mutual Insurance Company, 175 Berkeley Street, Boston, MA, 

and the Certificate of Service from First Legal.

5. Attached collectively as Exhibit 3 are copies of all other process, pleadings, 

and orders filed in the State Court Action: Coversheet, Jury Demand and Certificate 

Regarding Arbitration. 

6. Attached as Exhibit 4 is a true and correct copy of the Notice of Removed 

Action filed with the Clerk of the Maricopa County Superior Court, Case No. CV2017-

014893.

7. Attached as Exhibit 5 is a true and correct copy of correspondence received 

by Liberty from Plaintiff’s counsel related to the subject claim. It is dated October 19, 2017 

and demands $100,000 in settlement. 

I verify that the foregoing is true and correct.

Case 2:17-cv-04629-DLR Document 1 Filed 12/14/17 Page 5 of 6
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FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

1 East Washington Street, Suite 500

Phoenix, Arizona 85004

(602) 777-6230

Executed this 14th day of December, 2017, at Phoenix, Arizona 

FORAN GLENNON PALANDECH 

PONZI & RUDLOFF, PC.

By: s/ Amy L. Stein .

Amy M. Samberg

Amy L. Stein

1 East Washington Street, Suite 500

Phoenix, Arizona 85004

Attorneys for Defendant LM General 

Insurance Company

(erroneously named and sued as 

Liberty Mutual Insurance 

Company)

CERTIFICATE OF SERVICE

I hereby certify that on December 14, 2017, I electronically transmitted the foregoing 

document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a 

Notice of Electronic Filing to the following CM/ECF registrants below: 

☐ BY FAX: by transmitting via facsimile the document(s) listed above to the fax 

number(s) set forth below on this date before 5:00 p.m. pursuant to EDCR Rule 

7.26(a). A printed transmission record is attached to the file copy of this document(s).

☐ BY U.S. MAIL: by placing the document(s) listed above in a sealed envelope with 

postage thereon fully prepaid, in the United States mail at Phoenix, Arizona addressed 

as set forth below.

 BY ELECTRONIC SERVICE: submitted to the above-entitled Court for electronic 

service upon the Court’s Service List for the above-referenced case.

Yelena Shimonova, Esq. 

Timothy G. Tonkin, Esq. 

PHILLIPS LAW GROUP, PC

3101 N. Central Avenue, Suite 1500

Phoenix, AZ 85012

yelenaS@phillipslaw.com

Attorneys for Plaintiff

/s/ Brenda Uran 

Case 2:17-cv-04629-DLR Document 1 Filed 12/14/17 Page 6 of 6