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Lynn M. Allen, State Bar Number 012612

lallen@tysonmendes.com

K. Michelle Ronan, State Bar Number 028923

mronan@tysonmendes.com

TYSON & MENDES, LLP

706 East Bell Road, Suite 129

Phoenix, Arizona 85022

Telephone: (602) 386-5656

Facsimile: (602) 386-5657

Attorneys for Defendant American Family

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Linda Santellanes,

 Plaintiff,

vs.

American Family Mutual Insurance 

Company, S.I., a Wisconsin corporation; 

John Doe and Jane Doe I through V, 

fictitious individuals; ABC Corporation 

and/or Partnerships, I-X, fictitious entities, 

 Defendants.

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No. 

NOTICE OF REMOVAL

Defendant American Family Mutual Insurance Company, S.I. (“Defendant”) gives 

notice that it is removing this action from Maricopa County Superior Court to the United 

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

1446 for the following reasons: 

A. This Court Has Diversity Jurisdiction Pursuant to 28 U.S.C. § 1332.

1. There is complete diversity among the legitimate parties. 

(a) Plaintiff is an individual residing in the state of Arizona. See

Complaint in matter No. CV2017-014193, Superior Court of Arizona, Maricopa County 

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(“Complaint”) at ¶ 1, attached as Exhibit 1. 

(b) Defendant is a Wisconsin corporation with its principal place of 

business in Madison, Wisconsin. 

2. The Amount in Controversy Exceeds $75,000.

The determination of diversity jurisdiction is made as of the time of removal. St. 

Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283 (1938); see also Rogers v. 

Wall-Mart Stores, Inc. 230 F.3d 868, 871 (6th Cir. 2000). Included in the calculation of the 

jurisdictional minimum are general damages, special damages, punitive damages, and 

attorneys’ fees. See Ansley v. Metropolitan Life Ins. Co., 215 F.R.D. 575 (D. Ariz. 2003); 

see also Chabner v. United of Omaha Life Ins. Co., 225 F.3d 1042, 1046 n.3 (9th Cir. 

1998); Galt G/S v. JSS Scandinavia, 142 F.3d 1150, 1155-56 (9th Cir. 1998). 

Here, the evidence establishes by a preponderance of the evidence that the 

jurisdictional minimum has been met. Plaintiff’s last settlement demand was $200,000. 

That demand alone, exclusive of pre-judgment interest and attorneys’ fees, establishes that 

the amount in controversy meets the requirement for diversity jurisdiction.

Based on the foregoing, Defendant has met its burden of establishing the 

jurisdiction of this Court.

B. This Notice of Removal is Timely. 

Plaintiff filed the complaint on October 26, 2017 and served it on American Family 

through the Arizona Department of Insurance on December 1, 2017. Defendant American 

Family first received notice of the complaint upon its receipt from the Department of 

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Insurance on or after December 5, 2017. This Notice of Removal, therefore, has been 

timely filed within 30 days of that date. See 28 U.S.C. § 1446(b).

C. Defendant has attached copies of the original Complaint, Summons, and Certificate 

of Compulsory Arbitration and has no other court documents in its possession. See

Exhibits 1-3.

D. Defendant has concurrently filed a copy of this notice with the Arizona Superior 

Court.

Defendant has served upon Plaintiff a copy of this notice.

DATED this 27th day of December, 2017.

TYSON & MENDES, LLP

By: /s/ Lynn M. Allen

Lynn M. Allen

K. Michelle Ronan

Attorneys for Defendant American Family

CERTIFICATE OF SERVICE

I hereby certify that on December 27, 2017, I electronically transmitted the attached 

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:

Kimberly J. Sayre

The Sayre Law Group, PLLC

45 West Jefferson Street, 10th Floor

Phoenix, Arizona 85003

ksayre@thesayrelawgroup.com

Attorneys for Plaintiff

By: /s/ Christie Carstensen

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