Free Notice of Removal - District Court of Delaware - Delaware


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Date: April 26, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1:05-cvzil)0243-SLFI Document 1 Filed O4/26/2005 Page 1 of 3 I
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF DELAWARE
ESTATE OF THELMA J`. MARR, and )
ELLIS D. MARR, AS ADMINISTRATOR)
OF THE ESTATE OF THELMA J. MARR)
And individually, ) QA, No_
_ )
Plaintiffs, )
)
v. )
_ )
STONEBRIDGE LIFE INSURANCE )
COMPANY, a foreign corporation, )
)
Defendant- )
NOTICE OF REMOVAL
Pursuant to 23 U.S.C. §l446, Defendant Stonebridge Life Insurance Company,
by and through their undersigned attorneys, give Notice of the Removal of this action
from the Superior Court of the State of Delaware, in and for Kent County. Defendant
set forth the grounds for Removal as follows:
1. This action was commenced by Plaintiff in the Superior Court of the State of
Delaware, in and for Kent County, by the filing of their Complaint on May 30, 2005.
A copy of the Complaint is attached hereto as Exhibit “A".
2. This Notice of Removal is timely because it is being filed within thirty (30) days
of the receipt of service of process by Defendant named in the Complaint. See Exhibit
“B" attached hereto.
3. The Complaint is the "initial pleading setting forth the claims for relief upon
which the action is based" for purposes of 28 U.S.C. §l445(b).

Case 1 :05-cv—OO243-SLR Document 1 Filed O4/26/2005 Page 2 of 3
4. The basis for the subject matter jurisdiction of this Court is apparent on the face
of the Complaint, which states that Plaintiff is a citizen of the State of Delaware.
5. The Defendant is not incorporated in Delaware, nor does it maintain a principal
place of business or residence in Delaware. Defendant Stonebridge Life Insurance
Company is a business entity with its principal place of business located at Baltitnore,
Maryland and is incorporated in the State of Vermont.
6. Upon information and belief, the amount in controversy in this action exceeds
$75,00D, exclusive of interests and cots, although Defendants deny liability for any
amount.
7. Defendant, Stonebridge Life Insurance Company, by and through its principal,
consents to Federal Court Jurisdiction.
S. Accordingly, this is an action "between citizens of different States" where "the
matter in controversy exceeds the sum or value of $75 ,000, exclusive of interest and
costs," tor purposes of 23 U.S.C. §l44l(a).
9. Defendants expressly reserve tl1e right to raise all defenses and objections in this
action after it is removed to this Court, including but not limited to the defense of lack
of in persommt jurisdiction and lack of service of process.
10. Notice of the filing of the Notice of Removal of this action from the Superior
Court of the State of Delaware, in and for Kent County to the United States District
Court for the District of Delaware to all adverse parties will be promptly given.
ll. Prornptly after filing this Notice of Removal, a certified copy will he filed with
the Prothonotatry for the Superior Court ofthe State of Delaware, in Ellld for Kent
County, in accordance with 28 U.S.C. §l446(d).

Case 1 :05-cv—OO243-SLR Document 1 Filed O4/26/2005 Page 3 of 3
WHEREFORE, Defendants request this action be removed from tl1e Superior
Court of the State of Delaware, in and for Kent County to the United States District
Court ofthe State of Delaware.
MORGAN SHELSBY & LEONI
MICHAEL J. LDGULLO
[email protected]
131 Continental Drive, Suite 206
Newark, Delaware 19713
(302) 454-7430
Attorney for Defendant,
Stonebridge Life Insurance Company
DATE: April 25, 2005