Case: 4:13-cv-02572-CAS Doc.

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI

HAZELWOOD LOGISTICS CENTER, LLC, Plaintiff, v. ILLINOIS UNION INSURANCE COMPANY, Defendant. Eastern District Case No.: St. Louis County Case No.: 13SL-CC03739

DEFENDANT ILLINOIS UNION INSURANCE COMPANYS NOTICE OF REMOVAL Pursuant to 28 U.S.C. 1332, 1441, and 1446, Defendant Illinois Union Insurance Company (Illinois Union) hereby files its Notice of Removal of the above-captioned matter to the United States District Court for the Eastern District of Missouri. Illinois Union asserts the following grounds in support of removal: 1. The above-captioned case was filed in the Circuit Court of St. Louis County,

Missouri, Case No. 13SL-CC03739, on October 25, 2013. 2. Plaintiff Hazelwood Logistics Center, LLC (Hazelwood) alleges Illinois Union

is an insurance company which is licensed to do business in Missouri and conducts business in St. Louis County, Missouri. (Pl.s Pet. & Summons, attached as Exhibit A, at 2.) Regardless, Illinois Union is an insurance company formed under the laws of the State of Illinois and with its principal place of business in Pennsylvania. (Affidavit of Erika Aljens, attached as Exhibit B, at 4.)

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3.

Hazelwood issued the Summons to Saverio Rocca, Assistant General Counsel for

ACE USA Companies, on November 6, 2013. (Ex. A.) The Summons and Petition in Exhibit A constitute all process, pleadings, and orders filed in the circuit court to date. (St. Louis County Docket Sheet, attached as Exhibit C.) 4. Pursuant to 28 U.S.C. 1446(b)(1), notice of removal of this case is timely, as

notice was filed within thirty days of receipt of the Petition. 5. This case is removable pursuant to 28 U.S.C. 1332(a)(1) in that the amount in

controversy exceeds $75,000.00 exclusive of interest and costs 1 and this suit is between citizens of different states. Hazelwood, as a Missouri limited liability company, is a Missouri citizen, whereas Illinois Union is a citizen of both Illinois and Pennsylvania. (Ex. A at 1; Ex. B at 4.) WHEREFORE, Defendant Illinois Union Insurance Company respectfully requests the above-captioned matter be removed from the Circuit Court of St. Louis County, Missouri to the United States District Court for the Eastern District of Missouri and for such other and further relief as this Court deems just and proper. Dated this 24th day of December, 2013.

The WHEREFORE clause on Page 4 of the Petition states that Illinois Union . . . has liability under the Policy for up to $5,000,000 in remediation costs . . .

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Respectfully submitted,

/s/ M. Courtney Koger M. Courtney Koger #42343MO Meredith A. Webster (pro hac forthcoming) Kutak Rock LLP Suite 500 Kutak Rock LLP Suite 500 1010 Grand Boulevard Kansas City, MO 64106-2220 (816) 960-0090 (Telephone) (816) 960-0041 (Facsimile) courtney.koger@kutakrock.com meredith.webster@kutakrock.com ATTORNEYS FOR DEFENDANT ILLINOIS UNION INSURANCE

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served via U.S. mail, postage prepaid, on December 24, 2013, and with a copy via the CM/ECF system to follow, to: Joseph R. Dulle Stone, Leyton, & Gershman, P.C. 7733 Forsyth Boulevard Suite 500 St. Louis, MO 63105 (314) 721-7011 (Telephone) (314) 721-8660 (Facsimile) Attorneys for Plaintiff Hazelwood Logistics Center, LLC f/k/a Hazelwood Commerce Center, LLC

s/ M. Courtney Koger Attorney for Defendant

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