047202/20171/RCH/ELA/JFM

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

ROSA PATINO,

Plaintiff,

v.

ATTREVE BROWN, HERTZ VEHICLES, 

LLC, and LYFT, INC., 

Defendants.

No. 

NOTICE OF REMOVAL

NOW COMES the Defendant, LYFT, INC., by and through its attorneys, Michael P.

Moothart, Richard C. Huettel, Erik L. Andersen, and James F. Maruna, of CASSIDAY 

SCHADE LLP, and for its Notice of Removal, pursuant to 28 U.S.C. § 1446, states as follows:

Background and State Court Procedural Posture

1. Plaintiff, ROSA PATINO, filed her initial complaint in the Circuit Court of Cook 

County on May 19, 2020. See Cook County Docket Sheet, attached as Exhibit A. The 

Complaint named ATTREVE BROWN, HERTZ VEHICLES, LLC ("Hertz"), and LYFT, INC, 

("Lyft") as defendants. (Ex.A).

2. Plaintiff's Complaint at Law sounds in negligence based on an alleged automobile 

accident that occurred on December 6, 2019 Martin Luther King Boulevard and I-94 in Cook 

County, Illinois. (Ex.A at ¶ 10). As a result of the alleged accident, Plaintiff claims that she

sustained damages of a "personal, pecuniary, and permanent nature." (Ex.A at ¶ 13; 18; 23). In

discussion with Plaintiff's counsel, the injuries involve a herniated disc or back injury that has 

resulted in multiple MRIs; medical imaging; and tens of thousands of dollars of medical 

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treatment to date, which has been put on hold due to the COVID-19 pandemic, expected 

additional medical treatment also in the tens of thousands of dollars; and potential lost wages. 

3. Plaintiff served Defendant Lyft with the Complaint at Law on July 24, 2020. See 

Service of Process, attached as Exhibit B.

4. Plaintiff has only served one other Defendant in this matter – Hertz. 

I. This Litigation Satisfies the Requirements for Diversity Jurisdiction Pursuant to 28 

U.S.C. § 1332

5. Pursuant to 28 U.S.C. § 1332, a party may invoke Federal Jurisdiction where 

there is: (1) complete diversity of the Parties; and (2) more than $75,000 in controversy alleged. 

6. First, there is complete diversity of parties. Plaintiff is a citizen of the State of 

Indiana. See Illinois Traffic Crash Report, attached as Exhibit C. 

7. Served and Joined Defendant Lyft is a corporation organized under the laws of 

the State of Delaware, and Lyft's principal place of business is California. See Illinois Secretary

of State Corporation File Detail Report for Lyft, Inc., attached as Exhibit D. 

8. Served and Joined Defendant Hertz, is a corporation organized under the laws of 

the State of Delaware and Hertz's principal place of business is Florida. See Illinois Secretary of 

State Corporation File Detail Report for Hertz, attached as Exhibit E. 

9. Unserved Defendant Brown is a citizen of Illinois. (Ex.A at ¶ 1); (Ex.C). 

However, as noted, there is no service on this Defendant. See Cook County Docket Printout, 

attached as Exhibit F. Thus, Brown is not properly joined and served to this matter at the time 

of its removal. 

10. There is thus complete diversity of all properly joined and served parties in this 

matter at the time of removal. As noted, Plaintiff is a citizen of Indiana, and all three currently

named Defendants are not. (Ex.A at ¶ 1); (Ex.C); (Ex.D); (Ex.E). 

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11. Lyft, as both the non-forum defendant and a joined and served defendant, may

remove this action because “removal before service on the in-forum defendant is permitted” in 

these circumstances. Grandinetti v. Uber Techs., Inc., No. 19-CV-5731, 2020 U.S. Dist. LEXIS

136827, *18, (N.D. Ill. Aug. 1, 2020) (Chang, J.); Graff v. Leslie Hindman Auctioneers, Inc., 299 

F. Supp. 3d 928, 936 (N.D. Ill. 2017) (St. Eve, J.) (collecting cases); see also D.C. v. Abbott 

Labs, Inc., 323 F. Supp. 991, 996-97 (N.D. Ill. 2018) (Dow, J.) (same). 

12. Second, this matter contains more than $75,000 in controversy. In his Complaint 

at Law, Plaintiff alleges that, as a result of the alleged accident, Plaintiff sustained damages of a 

"personal, pecuniary, and permanent nature." (Ex.A at ¶ 13; 18; 23). In discussion with 

Plaintiff's counsel, the injuries involve a herniated disc or back injury that has resulted in 

multiple MRIs; medical imaging; and tens of thousands of dollars of medical treatment to date, 

which has been put on hold due to the COVID-19 pandemic. Future medical treatment is 

expected, with costs also in the tens of thousands of dollars. Plaintiff's counsel also advised that 

they are evaluating a lost wage claim. 

13. Because Illinois does not require a party to plead a maximum amount of damages 

in a state law negligence case, the Plaintiff claimed only that his damages exceed $50,000 in his 

underlying State Court Complaint rather than pleading a maximum value. See 28 U.S.C. § 

1446(c)(2)(A)(ii). However, the nature of Plaintiff’s alleged injuries, and the value of her

claimed economic and non-economic damages clearly place more than $75,000 in controversy in

this matter. See 28 U.S.C. § 1446(c)(2)(B). Specifically, Plaintiff claims that the accident 

injured her back, that she has past, ongoing, and future medical expenses, and lost wages. See 

(Ex.A at ¶ 12; 18; 23). The amount of damages that Plaintiff alleges in his Complaint at Law

places more than $75,000 in controversy. 

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14. Accordingly, this lawsuit meets both of diversity jurisdiction's elements: (1) 

complete diversity of parties and (2) more than $75,000 alleged in controversy. 28 U.S.C. § 

1332. 

15. Next, venue is proper in this judicial district. Pursuant to 28 U.S.C. § 1391(b)(2), 

venue is proper in a judicial district in which a substantial part of the events or omissions giving 

rise to the claim occurred. Plaintiff’s Complaint at Law alleges that her injuries stem from a 

motor vehicle collision that occurred in Cook County, Illinois. (Ex.A at ¶ 7). Accordingly, a 

substantial portion of the events giving rise to this accident occurred in Cook County, Illinois. 

Cook County, Illinois is located in the Northern District of Illinois, Eastern Division. Therefore, 

this litigation’s proper venue is the Northern District of Illinois, Eastern Division.

II. Lyft Timely Filed Its Notice of Removal Pursuant to 28 U.S.C. § 1446 

16. Lyft timely filed its Notice of Removal. Pursuant to 28 U.S.C. § 1446(b)(2)(B), a 

party seeking removal must file notice “within thirty days after receipt by the defendant, through 

service or otherwise, a copy of the initial pleading setting forth the claim for relief upon which 

such action or proceeding is based.” 

17. Plaintiff both filed this action and named Lyft as a Defendant on May 19, 2020. 

(Ex.F). Plaintiff did not serve Lyft until July 24, 2020. (Ex.B). Accordingly, Lyft has thirty 

(30) days from July 24, 2020, to file its notice of removal, or more particularly, Lyft has until 

August 24, 2020 to file its notice of removal. Lyft satisfied the requirement for timely filing 

Notice of Removal pursuant to 28 U.S.C. § 1446(b)(2)(B). 

18. Furthermore, 42 U.S.C. § 1446(b)(2)(A) provides that all properly served and 

joined defendants must consent to removal. Therefore, in order to remove this matter to Federal 

Court, Lyft must secure Hertz's written consent to remove this matter to Federal Court. See 

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Gossmeyer v. McDonald, 128 F.3d 481, 489 (7th Cir. 1997) (“...all served defendants still have 

to support the petition in writing, i.e., sign it.”) 

19. Hertz provided written consent to remove this matter to Federal Court by having 

its attorney consent to add his signature to this Notice of Removal. 

20. Therefore, Lyft has satisfied all requirements for removing this action to Federal 

Court. 28 U.S.C. § 1446(b)(2)(A)-(C).

21. Because this lawsuit meets the requirements for diversity jurisdiction, and Lyft

timely filed and served its Notice of Removal, this instant lawsuit qualifies for removal to 

Federal Court. Therefore, Lyft requests this lawsuit’s removal from Cook County Circuit’s 

Court’s Law Division to the United States District Court for the Northern District of Illinois, 

Eastern Division

WHEREFORE, Defendant, LYFT, INC., respectfully requests this cause of action’s 

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

Respectfully submitted,

LYFT, INC.

By: /s/ James F. Maruna

Michael P. Moothart / ARDC No. 6299545

Richard C. Huettel / ARDC No. 6190664

Erik A. Andersen / ARDC No. 6255553

James F. Maruna / ARDC No. 6313433

CASSIDAY SCHADE, LLP

222 W. Adams Street, Suite 1000

Chicago, IL 60606

(312) 641-3100

(312) 444-1669 – Fax

mmoothart@cassiday.com

rhuettel@cassiday.com

eandersen@cassiday.com

jmaruna@cassiday.com

Counsel for Defendant, Lyft, Inc.

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Respectfully submitted,

HERTZ VEHICLES, LLC.

By: /s/ Christopher R. Henson

Christopher R. Henson

PAPPAS WRIGHT, P.C.

30 W. Monroe, Suite 1410

Chicago, IL 60603

(312) 421-5960

(312) 421-5310 – fax

chenson@passaswright.com

Counsel for Defendant, Hertz Vehicles, LLC

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CERTIFICATE OF SERVICE

I hereby certify that on August 14, 2020, I electronically filed the foregoing document 

with the clerk of the court for the Northern District of Illinois, using the electronic case filing 

system of the court. The electronic case filing system sent a “Notice of E-Filing” to the attorneys 

of record in this case. A paper copy was placed in U.S. Postal Service to:

Dominic LoVerde

Motherway & Napleton

140 S. Dearborn 1500

Chicago, IL 60603

(312) 726-2699

Counsel for Plaintiff

Christopher R. Henson

PAPPAS WRIGHT, P.C.

30 W. Monroe, Suite 1410

Chicago, IL 60603

(312) 421-5960

(312) 421-5310 – fax

chenson@passaswright.com

Counsel for Hertz Vehicles, LLC

/s/ James F. Maruna

9567410 JMARUNA;JMARUNA

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