LITTLER MENDELSON, P.C. A Professional Corporation

Camelback Esplanade

2425 East Camelback Road

Suite 900

Phoenix, AZ 85016

602.474.3600

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R. Shawn Oller; AZ Bar No. 019233 

soller@littler.com

Peter C. Prynkiewicz; AZ Bar No. 015256

pprynkiewicz@littler.com

LITTLER MENDELSON, P.C.

Camelback Esplanade

2425 East Camelback Road

Suite 900

Phoenix, AZ 85016

Telephone: 602.474.3600

Facsimile: 602.957.1801

Attorneys for Defendant

Allstate Insurance Company

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

PAUL BLACK,

Plaintiff,

v.

ALLSTATE INSURANCE COMPANY,

Defendant.

Case No. 

DEFENDANT’S NOTICE OF 

REMOVAL OF CIVIL ACTION 

UNDER 28 U.S.C. §§ 1332, 1441 

(DIVERSITY)

(Maricopa County Superior Court 

Case No. CV2017-014429)

TO: CLERK OF THE UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF ARIZONA

PLEASE TAKE NOTICE that Allstate Insurance Company (“Defendant”), hereby 

removes the above-entitled action from the Superior Court of the State of Arizona, County of 

Maricopa, to the United States District Court for the District of Arizona. Defendant makes 

the removal because this Court has original jurisdiction under 28 U.S.C. § 1332 and the 

action is removable under 28 U.S.C. §§ 1441(b), 1446, and Local Rule of Civil Procedure 

3.6.

In support of this Notice of Removal, Defendant states the following:

1. On November 8, 2017, Plaintiff Paul Black (“Plaintiff”) filed a Complaint in 

the Maricopa County Superior Court, entitled Paul Black v. Allstate Insurance Company,

Case 2:18-cv-00043-JJT Document 1 Filed 01/05/18 Page 1 of 4
LITTLER MENDELSON, P.C. A Professional Corporation

Camelback Esplanade

2425 East Camelback Road

Suite 900

Phoenix, AZ 85016

602.474.3600

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Case No. CV2017-014429 (the “State Court Action”). The Complaint alleges two causes of 

action under Arizona state law: (1) failure to pay wages, and (2) breach of contract.

2. On December 6, 2017, Defendant’s statutory agent was served by process 

server the Summons and Complaint. On December 22, 2017, Defendant filed a Stipulated 

Motion and proposed order requesting an extension to and through January 12, 2018, to file 

its response to the Complaint. A true and correct copy of all process, pleadings, and orders 

in the State Court Action are being filed with this Notice as required by 28 U.S.C. § 1446(a) 

and are attached as Exhibit 1. 

3. Accordingly, Defendant has filed this Notice of Removal within 30 days after 

service of the initial pleading setting forth a removable claim and it is timely filed under 

28 U.S.C. § 1446(b).

4. This Court has original jurisdiction over the action under 28 U.S.C. § 1332 

and removal jurisdiction under 28 U.S.C. § 1441(b) because it is a civil action between 

citizens of different states and the amount in controversy exceeds $75,000.00, exclusive of 

interest and costs. Defendant is now, and was at the time this action commenced, diverse in 

citizenship from Plaintiff. 

5. Specifically, Plaintiff is presently domiciled in Maricopa County, Arizona and 

was domiciled there at the time this action commenced. Plaintiff was at that time, and is 

now, a citizen of the State of Arizona. Defendant is not, nor was at the time the suit 

commenced, a citizen of the State of Arizona. Defendant is presently a citizen of the States 

of Delaware and Illinois and was a citizen of the States of Delaware and Illinois at the time 

this action commenced. Specifically, Defendant is a corporation that is incorporated under 

the laws of the State of Delaware and whose principal place of business is in the State of 

Illinois. Therefore, Plaintiff is diverse in citizenship from Defendant.

6. Defendant need only establish that the amount in controversy exceeds $75,000 

by a preponderance of the evidence, that is, that it is more likely than not that the amount in 

controversy exceeds $75,000. See Dart Cherokee Basin Operating Co. v. Owens, 135 S. Ct. 

Case 2:18-cv-00043-JJT Document 1 Filed 01/05/18 Page 2 of 4
LITTLER MENDELSON, P.C. A Professional Corporation

Camelback Esplanade

2425 East Camelback Road

Suite 900

Phoenix, AZ 85016

602.474.3600

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547, 551 (2014); Singer v. State Farm Mut. Auto Ins. Co., 116 F.3d 373, 376 (9th Cir. 1997); 

Sanchez v. Monumental Life Ins. Co., 102 F.3d 398, 404 (9th Cir. 1996).

7. Plaintiff is seeking wages in the form of a final sign-on bonus installment, in 

the amount of $35,000 which he seeks to have trebled pursuant to A.R.S. §23-355, as well 

as attorneys’ fees, expenses, costs, pre- and post-judgment interest. See Complaint, ¶¶ 1, 

15, 24 and prayer for relief. Based on the allegations in Plaintiff’s Complaint, the amount in 

controversy far exceeds $75,000. Specifically, the $35,000 amount that Plaintiff seeks to 

have trebled under A.R.S. §23-355 is $105,000. Plaintiff also seeks attorneys’ fees under 

A.R.S. §12-341.01. When a statute authorizes an award of penalties or attorneys' fees to a 

plaintiff, courts consider those potential recoveries for purposes of calculating the amount in 

controversy. See, e.g., Chabner v. United of Omaha Life Ins. Co., 225 F.3d 1042, 1046 n.3 

(9th Cir. 2000); Galt G/S v. JSS Scandinavia, 142 F.3d 1150, 1156 (9th Cir.1998). 

Accordingly, the amount in controversy in this case meets the jurisdictional requirement.

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

Court as the district and division embracing the place where the State Action is pending.

9. The Notice to Adverse Parties of Removal to Federal Court was filed in state 

court and served simultaneously herewith, in accordance with 28 U.S.C. §1446(d), and a 

copy is attached as Exhibit 2.

10. The Notice to State Court of Removal of Civil Action to Federal Court was 

filed in state court and served simultaneously herewith, in accordance with 28 U.S.C. 

§ 1446(d), and a copy is attached as Exhibit 3.

Case 2:18-cv-00043-JJT Document 1 Filed 01/05/18 Page 3 of 4
LITTLER MENDELSON, P.C. A Professional Corporation

Camelback Esplanade

2425 East Camelback Road

Suite 900

Phoenix, AZ 85016

602.474.3600

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RESPECTFULLY SUBMITTED this 5th day of January, 2018

s/ R. Shawn Oller

R. Shawn Oller

Peter C. Prynkiewicz

LITTLER MENDELSON, P.C.

Attorneys for Defendant

Allstate Insurance Company

I hereby certify that 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, and 

mailed a copy of same to the following if 

non-registrants, this 5th day of January, 

2018 to:

Trey Dayes

Sean C. Davis

Preston K. Flood

PHILLIPS DAYES LAW FIRM

3101 North Central Avenue, Suite 1100

Phoenix, Arizona 85012

s/ Danielle Lohman

Firmwide:152067001.1 074093.1029

Case 2:18-cv-00043-JJT Document 1 Filed 01/05/18 Page 4 of 4