Case 3:13-cv-00096-CAR Document 1 Filed 09/06/13 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION JENNIFER BROWNING, Plaintiff, v. CAMERON SPEARS, Defendant BANKERS STANDARD INSURANCE COMPANY Garnishee ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION FILE NO. ________

3:13-cv-96

NOTICE OF REMOVAL COMES NOW Bankers Standard Insurance Company (hereinafter Bankers) and Cameron Spears (Defendant) and file this their Notice of Removal pursuant to 28 U.S.C. 1441, 1446, and 1332, showing this Court as follows: 1. On April 22, 2013, Plaintiff Jennifer Browning (Plaintiff) filed a lawsuit against Defendant in the Superior Court of Athens-Clarke County, State of Georgia, under civil action SU13CV0337.
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2. Plaintiffs counsel filed a Motion for Entry of Default Judgment against Defendant on June 24, 2013. The Superior Court of Athens-Clarke County entered a Default Judgment against Defendant, the same day. 3. Just three days later, and with no notice to Defendant, the Court conducted a damages trial on June 27, 2013, purportedly hearing evidence and argument of Plaintiffs counsel. The Court entered a Final Judgment against Defendant for $1,500,000.00. 4. On July 30, 2013, Plaintiff filed a Garnishment Affidavit and Summons of Garnishment against Bankers, Defendants insurance carrier, in the Superior Court of Oconee County, State of Georgia, Civil Action File No. 2013-CV-0393-H. That same day, the Court approved Plaintiffs Affidavit. On July 31, 2013, Plaintiffs counsel signed a Certificate of Counsel advising the Court that he mailed notice of the garnishment to Defendant. 5. This Notice of Removal is filed with the United States District for the Middle District of Georgia, Athens Division, within thirty (30) days of service
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upon Bankers of the initial pleading setting forth the claim for relief upon which said action is based. Copies of all process, pleadings and orders served upon Bankers in the above-referenced state court action are attached hereto as Exhibit A, as required by 28 U.S.C. 1446(a). 6. Plaintiff is a resident citizen of the State of Georgia and Bankers is a foreign corporation, organized and existing under the laws of Pennsylvania, with its principal place of business in Pennsylvania. 7. Defendant, the purported judgment debtor, is a Georgia resident. His

citizenship should be disregarded for purposes of diversity analysis, as Defendant is not a named garnishee, and is otherwise a nominal and unnecessary party to the garnishment claim. Kemp v. Hudgins, No. 12-CV-2739-JAR, 2013 WL

2631634 at *4 (June 12, 2013, D. Ken.); Grissom v. Walker, No. 1:10-CV-144 RWS, 2011 WL 845285 at *2 (March 9, 2011, E.D. Md.) (To the extent defendant [judgment debtor] has been named as a garnishee/defendant in this action by plaintiff , such a designation does not preclude the courts diversity jurisdiction in the matter. For the purposes of the garnishment proceedings against [insurer], [judgment debtor] is a nominal party at best, whose presence in the case
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is no impediment to the removal of this garnishment proceeding.). Alternatively, a defendant in a garnishment proceeding is aligned as a Plaintiff for purposes of diversity jurisdiction. Porter v. Crumpton & Associates, LLC, 862 F. Supp.2d 1303 (11th Cir. 2012); Boston v. Titan Indemnity Company, 34 F.Supp.2d 419 (N.D. Miss. 1999); Moore v. Sentry Insurance Company, 399 F. Supp. 929 (S.D. Miss. 1975). 8. This court has jurisdiction of this action by virtue of the complete diversity of citizenship existing between Plaintiff and Bankers. The amount in controversy, exclusive of interest and costs, exceeds $75,000.00. 9. The Court has original jurisdiction of this action pursuant to 28 U.S.C. 1332, and removal jurisdiction pursuant to 28 U.S.C. 1441. 10. A copy of this Notice of Removal is being served upon Plaintiff by and through their counsel, and is being filed with the Clerk of the Superior Court of Oconee County, State of Georgia.

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WHEREFORE, Bankers and Defendant pray that this Notice of Removal be filed and said action be removed to proceed in this Court and that no further proceedings be had in the Superior Court of Oconee County, State of Georgia. This 6th day of September, 2013. s/ Kenan G. Loomis Kenan G. Loomis Georgia Bar No. 457865 Attorney for Garnishee Bankers Standard Insurance Company and Defendant Cameron Spears COZEN OCONNOR Suite 2200, SunTrust Plaza 303 Peachtree Street, NE Atlanta, GA 30308-3264 Telephone: 404-572-2000 Email: kloomis@cozen.com

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION JENNIFER BROWNING, Plaintiff, v. CAMERON SPEARS, Defendant BANKERS STANDARD INSURANCE COMPANY Garnishee ) ) ) ) ) ) ) ) ) ) ) ) ) )

3:13-cv-96 CIVIL ACTION FILE NO. ________

CERTIFICATE OF SERVICE This is to certify that I have this date served true and correct copies of Notice of Removal by depositing copies of same in the United States Mail addressed as follows: Kenneth Kalivoda, Esq. David R. Montgomery, Esq. Hudson, Montgomery, Kalivoda and Connelly P.O. Box 8068 Athens, Georgia 30603

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This 6th day of September, 2013. s/ Kenan G. Loomis Kenan G. Loomis Georgia Bar No. 457865 Attorney for Garnishee Bankers Standard Insurance Company COZEN OCONNOR Suite 2200, SunTrust Plaza 303 Peachtree Street, NE Atlanta, GA 30308-3264 Telephone: 404-572-2000 Email: kloomis@cozen.com

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