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IN THE CIRCUIT COURT OF COOK COUNTY, STATE OF ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

MICHAEL MANNING and )

SUSAN MANNING, )

)

Plaintiffs, )

v. ) Court No. 2020 L 004732

) Federal No.: 20-cv-3570

)

FIRST TRANSIT, INC, and )

FIRSTGROUP AMERICA, INC., )

)

Defendants. )

NOTICE OF REMOVAL

NOW COME the Defendants, FIRST TRANSIT, INC. (hereinafter “First Transit”) and

FIRSTGROUP AMERICA (hereinafter “FirstGroup”), by its attorneys, PATTON & RYAN LLC,

and pursuant to 28 U.S.C § 1446, hereby petition this Court for removal based on 28 U.S.C §§

1332 and 1446. In support of this Notice, Defendants respectfully state as follows: 

INTRODUCTION

1. On or about April 29, 2020, an action was commenced in the Cook County Circuit 

Court, entitled MICHAEL MANNING and SUSAN MANNING, Plaintiffs, versus FIRST 

TRANSIT, INC, and FIRSTGROUP AMERICA, INC., Defendants, Case Number 2020 L 

004732 (hereinafter referred as the “Action”). The Complaint is attached hereto as Exhibit “A.”

2. On or about May 18, 2020, Defendants, First Transit and FirstGroup, were served

summons. The Affidavit of Service on First Transit and FirstGroup is attached hereto as Exhibit 

“B.” The filing of this notice falls within the thirty (30) day period after service. 

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BASIS FOR REMOVAL

1. Under the general diversity statute, a corporation is deemed to be a citizen of any

state in which it has been incorporated and of the state in which it hasits principal place of business.

See 28 U.S.C. §1332(c)(1).

2. Defendant First Transit, Inc. is a foreign corporation organized under the laws of

the State of Delaware, with its principal place of business located in the State of Ohio.

3. Defendant FirstGroup America, Inc. is a foreign corporation organized under the

laws of the State of Delaware, with its principal place of business located in the State of Ohio.

4. Upon information and belief, Plaintiffs Michael Manning and Susan Manning are

domiciled in New Freedom, Pennsylvania, and therefore, citizens of the State of Pennsylvania.

5. Upon information provided to the undersigned by Plaintiff’s counsel, Plaintiff is

claiming damages in excess of $100,000.00.

6. Accordingly, Plaintiffs’ claim exceeds $75,000.00.

7. Because the Action is between citizens of different states and because the Action

exceeds $75,000.00, this Court has or original jurisdiction under 28 U.S.C. §1332.

8. Because this Court has original juridiction, this matter should be properly removed

pursuant to 28 U.S.C. §1441.

9. Venue is proper in the Northern District of Illinois, Eastern Division, because this

District embraces the place where the removed action was originally filed per 28 U.S.C. §1441.

10. Defendants First Transit and FirstGroup have provided a jury demand in the state

court action.

11. Defendants First Transit and FirstGroup consent to the removal of this matter to the

Northern District of Illinois.

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WHEREFORE, Defendants, FIRST TRANSIT, INC. and FIRSTGROUP AMERICA

respectfully request that this matter be removed from the Cook County Circuit Court, State of

Illinois, to the United States District Court, Northern District of Illinois, Eastern Division.

Dated: June 18, 2020 RESPECTFULLY SUBMITTED,

PATTON & RYAN LLC

By: Ilse I. Magana______________________________

One of the attorneys for Defendants First Transit,

Inc. and FirstGroup America, Inc.

John W. Patton, Jr.

Kelly L. Ferron

Ilse I. Magana

PATTON & RYAN LLC

330 North Wabash Avenue, Suite 3800

Chicago, Illinois 60611

Phone: (312) 261-5160

Fax: (312) 261-5161

kferron@pattonryan.com

imagana@pattonryan.com

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CERTIFICATE OF SERVICE

I hereby certify that on June 17, 2020, I electronically filed Defendants’ Notice of

Removal to Federal Court, with the Clerk of the Court using the CM/ECF System which will

send notification of such filing to the following:

Attorneys for Plaintiffs

Robert R. Duncan

Nicholas P. Kelly

Duncan Law Group, LLC

161 N. Clark, Suite 2550

Chicago, Illinois 60601

P: 312-202-3283

F: 312-202-3284

rrd@duncanlawgroup.com

npk@duncanlawgroup.com

Respectfully submitted,

By:

John W. Patton, Jr.

Kelly L. Ferron

Ilse I. Magana

PATTON & RYAN LLC

330 North Wabash Avenue, Suite 3800

Chicago, Illinois 60611

Phone: (312) 261-5160

Fax: (312) 261-5161

kferron@pattonryan.com

imagana@pattonryan.com

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