UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT ILLINOIS 

EASTERN DIVISION 

METAL MANAGEMENT, INC., ) 

 ) In The Circuit Court of Cook County, IL 

Plaintiff, ) County Department, Chancery Division 

 ) Case No. 2020 CH 03970 

 -v- ) 

 ) U.S.D.C. Case No. _________________ 

FACTORY MUTUAL INSURANCE ) 

COMPANY, ) 

 ) 

 Defendant. ) 

DEFENDANT, FACTORY MUTUAL INSURANCE COMPANY’S 

NOTICE OF REMOVAL 

 Pursuant to 28 U.S.C. §§ 1332(a), 1441 and 1446, Defendant, FACTORY MUTUAL 

INSURANCE COMPANY (“Factory Mutual”), hereby removes the above-captioned lawsuit 

from the Circuit Court of Cook County, Illinois, County Department, Chancery Division, Case 

No. 2020 CH 03970, to the United States District Court for the Northern District of Illinois, 

Eastern Division. In support of this Notice of Removal, Factory Mutual submits the following 

28 U.S.C § 1446 short and plain statement of the grounds for removal: 

BACKGROUND 

 1. On April 24, 2020, Plaintiff, METAL MANAGEMENT, INC. (“Metal 

Management” or “Plaintiff”) filed a Complaint against Factory Mutual in the Circuit Court of 

Cook County, Illinois, County Department, Chancery Division, Case No. 2020 CH 03970 (the 

“State Court Action”). 

2. On April 29, 2020, Factory Mutual’s counsel herein agreed to accept service of 

Summons on behalf of Factory Mutual effective upon the date of receipt of the Summons and the 

Complaint in the State Court Action. 

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3. On April 30, 2020, Plaintiff’s counsel sent Factory Mutual’s counsel a Summons 

and the Complaint in the State Court Action. Thus, Factory Mutual first received and its counsel 

herein accepted service of a Summons and Plaintiff’s Complaint effective on April 30, 2020. 

4. As required by 28 U.S.C.§1446(a), copies of all process, pleadings and orders 

served by or upon Factory Mutual in the State Court Action are attached as Exhibit A hereto as 

follows: Summons and Plaintiff’s Complaint in the State Court Action, with Exhibit A to 

Plaintiff’s Complaint. 

5. Factory Mutual has not answered or otherwise pleaded in response to Plaintiff’s 

Complaint in the State Court Action. Instead, Factory Mutual is filing this Notice of Removal 

within thirty (30) days of its receipt by service of a copy of Plaintiff’s Complaint in the State 

Court Action. 

GROUNDS FOR REMOVAL

 6. This action is removable under 28 U.S.C. § 1441(a), which provides that “any 

civil action brought in a State court of which the district courts of the United States have original 

jurisdiction, may be removed by the defendant or the defendants, to the district court of the 

United States for the district and division embracing the place where such action is pending.” 28 

U.S.C. § 1441(a).

7. This Court has subject matter jurisdiction over Plaintiff’s civil action and claims 

against Factory Mutual under 28 U.S.C. § 1332(a) because the matter in controversy, exclusive 

of interest and costs, exceeds the sum or value of $75,000, and because the action is between 

citizens of different states. Therefore, Plaintiff’s civil action and claims against Factory Mutual 

are removable under Section 1441(a). Similarly, this Court has subject matter jurisdiction and 

removal power over all other claims pursuant to 28 U.S.C. § 1367(a). 

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Diversity of Citizenship

8. Plaintiff, Metal Management, is a Delaware corporation with its principal place of 

business located in Chicago, Illinois. See, Exhibit A hereto, Plaintiff’s Complaint, ¶ 1. For 

diversity purposes, corporations “are citizens of the state of incorporation and the state in which 

the corporation has its principal place of business.” Wise v. Wachovia Sec., LLC, 450 F.3d 265, 

267 (7th Cir. 2006); see also 28 U.S.C. § 1332(c)(1). Thus, for purposes of diversity jurisdiction, 

Plaintiff is a citizen of Delaware and Illinois. 

9. Factory Mutual is a Rhode Island corporation with its principal place of business 

in Rhode Island. See, Exhibit A hereto, Plaintiff’s Complaint, ¶ 2. Thus, for purposes of 

diversity jurisdiction, Factory Mutual is a citizen of Rhode Island. 

10. Accordingly, since Plaintiff is a citizen of Delaware and Illinois, and Factory 

Mutual is a citizen of Rhode Island, there is complete diversity of citizenship in this case. 

Amount in Controversy

11. The amount in controversy requirement of 28 U.S.C. § 1332(a) is also satisfied 

here. In this regard, Plaintiff’s Complaint, which includes counts for declaratory judgment 

(Count I) and for breach of contract (Count II) states that Plaintiff is seeking a judgment for: “a. 

An award of damages in Plaintiff’s favor and against Defendant for an amount in excess of 

$3,600,000 plus pre-judgment interest; b. An award of penalties, fees, and costs incurred by 

Plaintiff in prosecuting this lawsuit; and, c. Such other and further relief as [the] Court deems 

proper.” See, Exhibit A hereto, Plaintiff’s Complaint, Wherefore Clause, p.7. 

Original Subject Matter Jurisdiction Exists and Removal is Appropriate 

12. Because both requirements for diversity jurisdiction are satisfied, this Court has 

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original subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1332(a), and the 

action is removable by Factory Mutual pursuant to 28 U.S.C. § 1441(a). 

THE VENUE REQUIREMENT IS MET 

13. The United States District Court for the Northern District of Illinois, Eastern 

Division is the judicial district and division that includes the Circuit Court of Cook County, 

County Department, Chancery Division, where the suit was originally filed. See, 28 U.S.C. § 

93(a)(1). 

14. As a result, pursuant to §§ 93(a)(1) and 1441(a), venue in the Northern District of 

Illinois, Eastern Division is proper. 

COMPLIANCE WITH REMOVAL PROCEDURES 

15. This Notice of Removal is timely pursuant to 28 U.S.C. § 1446(b), in that it is 

being filed within thirty (30) days after service of Plaintiff’s Complaint in the State Court Action 

upon Factory Mutual. As noted above, Factory Mutual was first served with a Summons and 

Plaintiff’s Complaint on April 30, 2020. Consequently, this Notice of Removal is timely filed 

under 28 U.S.C. § 1446(b). 

 16. Upon the filing of this Notice of Removal, Factory Mutual shall furnish written 

notice thereof to Plaintiff’s counsel. Factory Mutual shall also file and serve a copy of this 

Notice with the Clerk of the Circuit Court of Cook County, Illinois, County Department, 

Chancery Division, pursuant to 28 U.S.C. § 1446(d). 

WHEREFORE, Defendant, Factory Mutual Insurance Company, pursuant to 28 U.S.C. 

§§ 1332(a) and 1441(a), and in conformance with the requirements of 28 U.S.C. § 1446(b), 

hereby removes this cause from the Circuit Court of Cook County, Illinois, County Department, 

Chancery Division to the United States District Court for the Northern District of Illinois, 

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Eastern Division. 

Dated: May 29, 2020 Respectfully submitted, 

DEFENDANT, FACTORY MUTUAL 

INSURANCE COMPANY

 By: /s/ Thomas B. Keegan_____________ 

 One of Defendant’s Attorneys 

 

Thomas B. Keegan 

Edward W. Gleason 

SENAK KEEGAN GLEASON & SMITH, LTD. 

566 West Adams Street, Suite 750 

Chicago, Illinois 60661 

Telephone: 312-214-1400 

Facsimile: 312-214-1401 

tkeegan@skgsmlaw.com

egleason@skgsmlaw.com 

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