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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 E. Bell Road, Suite 129

Phoenix, Arizona 85022

Telephone: (602) 386-5656

Facsimile: (602) 386-5657

Attorneys for Defendant American Family Mutual Insurance 

Company, S.I.

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Terry Nickle, 

 Plaintiff,

vs.

American Family Mutual Insurance 

Company, S.I., a Wisconsin mutual

corporation; John and Jane Does I-X; Black

and White Corporations/Partnerships I-X,

 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. CV2017-014497, Superior Court of Arizona, Maricopa County 

Case 2:18-cv-00106-DJH Document 1 Filed 01/11/18 Page 1 of 3
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(“Complaint”) at ¶ 3, 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 for the 

$100,000 UIM policy limits. 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 November 20, 2017 and served it on American 

Family through the Arizona Department of Insurance on December 12, 2017. Defendant 

Case 2:18-cv-00106-DJH Document 1 Filed 01/11/18 Page 2 of 3
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American Family first received notice of the complaint upon its receipt from the 

Department of Insurance on or after December 14, 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 day of January, 2018.

TYSON & MENDES, LLP

By: /s/

Lynn M. Allen

K. Michelle Ronan

Attorneys for Defendant American Family

CERTIFICATE OF SERVICE

I hereby certify that on January 11, 2018, 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:

Ryan J. Linder

Drew M. Gully

LINDER & GULLY, PLC

60 East Rio Salado Pkwy, Suite 900

Tempe, Arizona 85281

rlinder@lindergully.com

dgully@lindergully.com

Attorneys for Plaintiff

By: /s/

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