3999.mgp 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

HARRY P. JOHNSON, ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) Case No. 2020 CV 04400 

 ) 

WEL COMPANIES INC. and ) 

DONALD R. KERNAN, ) 

 ) 

 Defendants. ) 

NOTICE OF REMOVAL 

Defendant DONALD KERNAN (“Kernan”), by his attorneys HAYNES, STUDNICKA, 

KAHAN & POULAKIDAS, LLC, pursuant to 28 U.S.C. §§1332, 1441 and 1446, hereby 

submits his Notice of Removal, and in support thereof, states as follows: 

 1. On February 19, 2020, plaintiff Harry P. Johnson (“Johnson”) commenced this 

action by filing his complaint in the Circuit Court of the Twelfth Judicial Circuit, Will County, 

Illinois. In sum, Johnson seeks to recover damages based upon his allegations of bodily injuries 

arising from a motor vehicle accident negligently caused by defendants on June 2, 2018 in Will 

County, Illinois. See Ex. 1 hereto. 

 2. On February 24, 2020, a process server in Wisconsin served a summons and copy 

of the complaint on defendant WEL Companies, Inc. (“WEL Companies”). See Exs. 1-2 hereto. 

On March 25, 2020, WEL Companies filed its appearance, jury demand, answer to complaint 

and affirmative defenses with the Clerk of the Circuit Court of the Twelfth Judicial Circuit, Will 

County, Illinois (see Exs. 3-7 hereto). Plaintiff filed his responses to the affirmative defenses on 

April 21, 2020 (see Exs. 8-9 hereto). There have been no other filings in Will County, Illinois. 
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3. According to an affidavit of service provided by plaintiff’s attorney Joseph 

Mueller, on May 25, 2020 a process server in Missouri served defendant Kernan with a Second 

Alias Summons and copy of the complaint. However, plaintiff’s attorney advised that this 

summons had already expired as of the service date. See Exs. 10-11. Defense counsel Mark 

Poulakidas spoke by telephone with plaintiff’s attorney Joseph Mueller on July 27, 2020. 

Attorney Mueller advised that, on July 25, 2020, a local process service accomplished abode 

service on defendant Kernan in Missouri. Thus, this Notice of Removal is timely. Defense 

counsel is not yet in possession of plaintiff’s most recent summons or the related affidavit of 

service regarding defendant Kernan. Finally, defendant WEL Companies has expressly 

consented to removal of this action from Will County, Illinois to the United States District Court 

for the Northern District of Illinois (see Ex. 2 hereto). 

4. Per the complaint, the initial case management conference in Will County, Illinois 

was set for June 8, 2020. Due to ongoing Covid-19 restrictions, the parties submitted an agreed 

order on that date in lieu of personal appearances of all counsel. Pursuant to this agreed order 

(Ex. 12 hereto), the case has been continued to August 7, 2020 for status on completion of 

written discovery and service on defendant Kernan. Plaintiff Johnson was also granted leave to 

issue an alias summons as to defendant Kernan. No other orders have been entered by the Will 

County, Illinois judge. 

5. At all times relevant, defendant WEL Companies has been a Wisconsin 

corporation and has maintained its headquarters, principal place of business, and registered agent 

in the state of Wisconsin. See Ex. 2 hereto. Accordingly, WEL Companies is a citizen of 

Wisconsin for purposes of diversity jurisdiction. 
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6. From before the alleged occurrence date of June 2, 2018 until approximately 

March 2019, defendant Kernan resided and was domiciled in Arkansas. Kernan then moved to 

his home to Missouri, where he resides at present and intends to remain permanently. From 

approximately March 2019 to the present and going forward, Kernan considers himself to be a 

citizen and resident of and domiciled in the State of Missouri. See Ex. 13 hereto. 

7. Because the complaint does not allege plaintiff Johnson’s individual residence or 

domicile, defendant retained a licensed investigator to search and verify this information. Based 

upon his searches, the investigator has concluded that plaintiff Johnson has resided at 1830 

Albert Lane in Wilmington, Illinois continuously since before June 2, 2018 to the present. See 

Ex. 14 hereto. Accordingly, defendant submits that Johnson is a citizen and resident of Illinois 

and is domiciled in Illinois for purposes of diversity jurisdiction. 

8. Based on the foregoing, this is an action between citizens of different states and 

there is complete diversity among the parties. 

 9. Johnson’s complaint (Ex. 1) contains an open prayer for damages “in an amount 

in excess of $50,000.00,” plus costs. Certain injuries and elements of alleged damages are 

itemized in the complaint such as plaintiff’s “severe and permanent bodily injuries and mental 

injuries,” disabilities, and continuing pain “for the remainder of his life.” In addition to an award 

for medical expenses, defendant anticipates that at trial plaintiff will ask jurors to award damages 

for the individual elements of past and future pain and suffering and loss of a normal life 

experienced and reasonably certain to be experienced in the future (see I.P.I. 30.04.01, 30.05 and 

30.06). 

10. Prior to suit, counsel to plaintiff Johnson disclosed itemized claimed medical bills 

totaling roughly $53,000 (through 5/29/19) to defendants’ insurance claim handler. Based upon 
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the available information on damages, there is a reasonable probability that the amount in 

controversy exceeds the sum or value of $75,000, exclusive of interest and costs. 

11. Diversity jurisdiction exists. It is requested that this Honorable Court remove the 

instant action from the Circuit Court of the Twelfth Judicial Circuit, Will County, Illinois to the 

United States District Court for the Northern District of Illinois. Copies of this Notice of 

Removal have been served upon plaintiff’s attorney and the Clerk of the Circuit Court of the 

Twelfth Judicial Circuit, Will County, Illinois. 

WHEREFORE, defendant DONALD KERNAN respectfully requests that this Honorable 

Court remove the instant action from the Circuit Court of the Twelfth Judicial Circuit, Will 

County, Illinois to the United States District Court for the Northern District of Illinois, and enter 

such other and further relief as this Court deems just. 

 Respectfully submitted, 

 HAYNES, STUDNICKA, KAHAN & POULAKIDAS, LLC 

 /s/Mark G. Poulakidas 

Mark G. Poulakidas (mpoulakidas@hskolaw.com) 

HAYNES, STUDNICKA, KAHAN & POULAKIDAS, LLC 

Attorneys for Defendants 

200 West Adams Street, Suite 2175 

Chicago, Illinois 60606 

Tel. 312-332-6644 

Fax 312-332-6655