Free Notice of Removal - District Court of Delaware - Delaware

I Case 1:05-cv—00284-Gl\/IS Document 1 Filed 05/10/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COURT OF DELAWARE
SARA S. ECHEVARRIA, 2
Plaintiff, Case No.
v. :
: Removed from Superior Court,
U-HAUL INTERNATIONAL, INC., : New Castle County, Delaware
ROGER MAYFIELD, and : C.A. No. 05-03-188 WCC
NATIONWIDE GENERAL INSURANCE :
COMPANY, : NOTICE OF REMOVAL OF
: ACTION UNDER 28 U.S.C. §
Defendants. : 1441(A)
DEFENDANT U-HAUL INTERNATIONAL INC.’S NOTICE OF REMOVAL
PLEASE TAKE NOTICE that defendant U-I-Iaul International, Inc. ("U-Haul"), by its
attorneys, Blank Rome LLP and Quarles & Brady LLP, states as follows in support of the
removal of this action:
l. On April 22, 2005, U—Haul was officially served with plaintiffs Surnmons and
Complaint in an action entitled Sara S. Eehevarria v. U-Haul International, Inc., Roger
Mayfielaj anal Nationwide General Insurance Company, Superior Court of the State of Delaware,
New Castle County, Case No. 05C-03-188 WCC. A copy of these pleadings are attached as
Exhibit I along with plaintiffs Notice Pursuant to 10 DEL. C. § 3104, Answers to Form 30
interrogatories, Veryication to Form 30 interrogatories, Afidavit of Counsel Pursuant to Rule
3(h)(D and (LD and First Set of interrogatories to Dejendant. These pleadings and discovery
requests constitute all process, pleadings and orders received by U-Haul in this action prior to
this Petition for Removal.
2, This Notice of Removal is being filed within thirty (30) days from receipt of the
Summons and Complaint, and is therefore timely pursuant to 28 U.S.C. §l446(b).
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Case 1 :05-cv—OO284-GIVIS Document 1 Filed 05/10/2005 Page 2 of 3
3. According to the Complaint, plaintiff, Sara S. Echevarria, is a resident ofthe State
of Delaware. See Plaintiffs Compl. il l.
4. Defendant, U-Haul, is an Nevada corporation with its principal place of business
located at 2721 North Central Avenue, Phoenix, Arizona.
5. According the Complaint, Defendant, Roger Mayfield, is a resident ofthe State of
Florida. See Plaintiffs Compl. ll 3.
6. As of May 10, 2005, the date of this Removal, Roger Mayfield has not been
served in the state proceeding. Upon information and belief, Mayfield is not a citizen of
Delaware.
7. Defendant, Nationwide General Insurance Company (“Nationwide"), is an Ohio
Corporation with its principal place of business located in Columbus, Ohio.
8. Nationwide, through its authorized representative, has consented to the removal of
this action from The Superior Court of the State of Delaware, New Castle County to Federal
Court for the Federal District of Delaware.
9. The United States District Court has original jurisdiction over the Summons and
` Complaint under 28 U.S.C. § l332(a) as the matter in controversy exceeds $75,000.00 in value,
exclusive of interest and costs, and this action is between citizens of different states. Although
plaintiff has not alleged any specific dollar amount in controversy in the Complaint, plaintiff has
alleged permanent injuries to her head, eyes, back, left arm, left elbow, hands, bruising, rib pain,
concussion, and spinal cord, past and future medical expenses, past and future wage loss, and
past and future pain and suffering.
10. Because this Court has original jurisdiction over this action under 28 U.S.C.
§ l332(a), this action is removable pursuant to 28 U.S.C. § l44l(a).
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Case 1 :05-cv—OO284-GIVIS Document 1 Filed 05/10/2005 Page 3 of 3
11. Written notice of the tiling of this Notice of Removal, the exhibits thereto and the
Notice of Filing of Notice of Removal was, or will be, given to plaintiffs counsel by hand
delivering to them copies thereof this 10th day of May, 2005. A copy ofthe Notice of Filing of
Notice of Removal, which has been or will be filed with the Clerk of the Court of the Superior
Court ofthe State of Delaware, New Castle County, is attached hereto as Exhibit 2.
WHEREFORE, Defendant U-Haul International, Inc. removes this action from the
Superior Court of the State of Delaware in and for New Castle County to this honorable Court.
Dated: May 10, 2005.
BLAN§ § `
teve L. Cap ni ( SBA No. 3484)
Chase Manhattan Centre
1201 Market St., Suite 800
Wilmington DE 19801
(302) 425-6408
(302) 428-5106 (Fax)
Attorneys for Defendant U-Haul International, Inc.
Of Counsel:
Francis I-I. LoCoco ·
Quarles & Brady LLP
411 East Wisconsin Avenue
Milwaukee, WI 53122
4l4—277—5341
414-971}-8841 (Fax)
Monica M. Tynan
ILARDC #06210307
Quarles & Brady LLP
Citicorp Center
500 W. Madison Street, Suite 3700
Chicago, IL 60661-2511
312-715-5000
312-715-5155 (Fax)
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