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047080/12538/JAF/JBP

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JACQUELINE MUELLER, Individually

and as Mother and Next Friend of MARION

MUELLER, a minor, LUKE MUELLER,

Individually and as Father and Next Friend

of MARION MUELLER, a minor, and

PATRICK BOHN, Individually, and as

Father and Next Friend of JULIETTE

BOHN, a minor,

Plaintiff,

v.

JUSTIN H. CHILDS and SPECIALIZED

TRANSPORTATION ENTERPRISES, a

foreign corporation,

Defendants.

Case No. 20-cv-4288

PETITION FOR REMOVAL

Petitioner, SPECIALIZED TRANSPORTATION ENTERPRISES, a foreign corporation,

by and through its attorneys, Jayne Bart-Plange of CASSIDAY SCHADE LLP, for its PETITION

FOR REMOVAL TO FEDERAL COURT, states as follows:

1. Plaintiffs filed their Complaint in the Circuit Court of Cook County, Illinois on

July 16, 2020. In the initial Complaint, Plaintiffs, JACQUELINE MUELLER, Individually and

as Mother and Next Friend of MARION MUELLER, a minor, LUKE MUELLER, Individually

and as Father and Next Friend of MARION MUELLER, a minor and PATRICK BOHN,

Individually, and as Father and Next Friend of JULIETTE BOHN, a minor, (hereinafter,

“Plaintiffs”) allege that defendant SPECIALIZED TRANSPORTATION ENTERPRISES, a

foreign corporation, through its employee, defendant JUSTIN H. CHILDS, negligently struck

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another vehicle, which caused a collision between that vehicle and Plaintiffs’ vehicles. Plaintiffs’

individually claim injuries and damages as a direct and proximate result of Defendants’ alleged

negligence. Plaintiff’s further claim damages under the Family Expense Act 750 ILCS 65/15.

(See attached Complaint at Law, attached hereto as “Exhibit A”).

2. All five Plaintiffs’ allege that each of their individual damages total in excess of

$50,000. (See Exh. A).

3. Plaintiffs’ further allege that each of them, individually, suffered and will

continue to suffer injuries of a personal and pecuniary nature. Plaintiffs JACQUELINE

MUELLER, Individually and as Mother and Next Friend of Marion Mueller, and PATRICK

BOHN, Individually and as Father and Next Friend of JULIETTE BOHN allege that they have

incurred and will continue to incur medical bills for the care and treatment of their minor

children. (See Exh. A – ¶’s 22, 24).

4. Defendant SPECIALIZED TRANSPORTATION ENTERPRISES, INC. was

served with process on June 22, 2020.

5. Defendant SPECIALIZED TRANSPORTATION ENTERPRISES, INC. is

incorporated in Minnesota, and its headquarters and principal place of business is located in

Victoria, Carver County, Minnesota. (See Exh. B – Affidavit of Darryl Snader.). Consequently,

SPECIALIZED TRANSPORTATION ENTERPRISES, INC. is a citizen of Minnesota. (See

Exh. C – Specialized Transportation Enterprises, Inc. Secretary of State Registration).

6. As alleged in Plaintiffs’ Complaint, and upon information and belief, defendant

JUSTIN H. CHILDS is a citizen of Hartford, Sebastian County, Arkansas.

7. As alleged in their Complaint, Plaintiffs are each citizens of Chicago, Cook

County, Illinois. (See Exh. A - Count 1, ¶’s 5-12)

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8. Considering that Plaintiff is claiming damages in excess of $50,000 that include:

(1) injuries of a personal and pecuniary nature; and (2) past and future medical bills for the care

and injury of the minor Plaintiffs, Plaintiff’s alleged damages easily exceed $75,000. See e.g.

Andrews v. E.I. du Pont de Nemours & Co., 477 F.3d 510, 515 (7th Cir. 2006).

9. Pursuant to 28 U.S. C. § 1332(a), a United States District Court shall have

original jurisdiction over all civil actions where the matter in controversy exceeds the sum of

$75,000, exclusive of interest and costs, and is between citizens of different states. The Plaintiffs

are citizens of Illinois. Defendant JUSTIN H. CHILDS is a citizen of Arkansas, and Defendant

SPECIALIZED TRANSPORTATION ENTERPRISES is a citizen of Minnesota. Consequently,

the requirements for diversity jurisdiction are met.

WHEREFORE, Petitioner SPECIALIZED TRANSPORTATION ENTERPRISES, a

foreign Corporation, respectfully request that this cause of action be removed to the United

States District Court for the Northern District of Illinois, Eastern Division, and for such other

relief the Court deems just and proper.

Respectfully submitted,

CASSIDAY SCHADE LLP

By: /s/ Jayne Bart-Plange

One of the Attorneys for Petitioner

SPECIALIZED TRANSPORTATION

ENTERPRISES, a foreign corporation

Jayne Bart-Plange (ARDC # 6320269)

CASSIDAY SCHADE LLP

222 West Adams Street, Suite 2900

Chicago, IL 60606

(312) 641-3100

(312) 444-1669 – Fax

jbart-plange@cassiday.com

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CERTIFICATE OF SERVICE

I hereby certify that on July 21, 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 copy was also sent via e-mail to the following attorney:

David Nemeroff, Esq.

Nemeroff Law Offices, Ltd.

105 West Madison Street, Suite 1900

Chicago, IL 60601

(312) 629-8800

(312) 629-0388 (Fax)

service@nem-law.com

/s/Jayne Bart-Plange

9545171 JPLANGE;JPLANGE

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