Beruflich Dokumente
Kultur Dokumente
ALEXANDRIA DIVISION
Plaintiff SECTION
VERSUS JUDGE
Defendants/Third-Party Plaintiffs
VERSUS
PD.46873!2.!
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PENNSYLVANIA; INTERNATIONAL
INSURANCE COMPANY; NATIONAL
UNION FIRE INS. COMPANY OF
PITTSBURGH, PA; OLD REPUBLIC
INSURANCE COMPANY;
PENNSYL VANIA L UMBERMANS
MUTUAL INSURANCE COMPANY;
PROGRESSIVE CASUALTY
INSURANCE COMPANY; RANGER
INSURANCE COMPANY; STAR
INDEMNITY & LIABILITY CO.;
SAINT PAUL SURPLUS LINES
INSURANCE COMPANY;
STONEWALL INSURANCE
COMPANY; TWIN CITY FIRE
INSURANCE COMPANY;
UNITED STATES FIRE INSURANCE
COMPANY; CERTAIN
UNDERWRITERS AT LLOYD'S
LONDON AND THE LONDON
MARKET INSURERS,
Third-Party Defendants
PLEASE TAKE NOTICE that third-party defendant, !carom pIc, formerly Imown as The
Insurance Corporation of Ireland ("!carom"), by and through its attorneys, hereby submits this
notice of removal of the state court action described below to the United States District Court for
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1.
an or about April 29, 2008, BEPCa, L.P. ("BEPCa") filed a Petition in the 12th Judicial
District Court for the Parish of Avoyelles, State of Louisiana, bearing Docket No. 2008-2006
entitled "BEPCO, L.P. v. Santa Fe Minerals, Inc., et al. ("the state court action"), against
Santa Fe Minerals, Inc. and "Certain Underwriters at Lloyd's, London and London Market
Companies." A First Supplemental and Amending Petition was filed by BEPCa in the state
court action on or about March 11, 2010 adding as defendants 15375 Memorial Corporation,
Entities Holdings, Inc., Global Santa Fe Corporation, Transocean Worldwide, Inc. (collectively
Supplemental and Amending Petition was filed by BEPCa in the state court action on or about
2.
In the state court action, plaintiff, BEPCa, alleges that defendants, Santa Fe
Minerals, Inc.; 15375 Memorial Corporation; Entities Holdings, Inc.; Global Santa Fe
Corporation; and Transocean Worldwide, Inc., and the defendant insurers, are responsible for
alleged impacts to property in Avoyelles Parish, Louisiana as a result of oil and gas activities on
that property.
Mentor Insurance Limited; Skandia Insurance Company Limited; Phoenix Assurance Company, Ltd.;
Polaris Assurance A/S; Hansa Marine (U.K.); Hansa Marine Ins. Co.(U.K.) Ltd. "T" Alc; Vesta (U.K.);
Vesta (U.K.) Ins. Co. Ltd. "T" A/c; Minster No.2 alc; Minster No.3 alc; Minster Insurance Company Ltd.
No.3 a/c; Minster Insurance Company Ltd.; Vesta, Bergen; Vesta Insurance Company Ltd.; Vesta Insurance
Company, Bergen; ContinentallMOAC U.K.; Northbrook Insurance Company; Insurance Company of
North America; Northern Maritime Insurance Company, Ltd.; United States Fire Insurance Company; Fireman's
Insurance Company of Newark, New Jersey, U.K. Branch; and First State Insurance Company.
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3.
On or about December 15, 2010, defendants in the state court action, Santa Fe Minerals,
Inc.; 15375 Memorial Corporation; Entities Holding, Inc.; Global Santa Fe Corporation; and
Transocean Worldwide, Inc., filed Cross-Claims against the defendant insurers, as well as
ofIreland.
4.
In the state court action, cross-plaintiffs, Santa Fe Minerals, Inc.; 15375 Memorial
Corporation; Global Santa Fe Corporation; and Transocean Worldwide, Inc., allege that the
defendant insurers, and the third-party defendant insurers including Insurance Corporation of
Ireland, should be held responsible to pay the cross-plaintiffs' defense costs in the state court
action and any damages which plaintiff BEPCO proves an entitlement to recover from Santa Fe
5.
Removal of this action, and this Court's jurisdiction, are expressly authorized and
conferred, respectively, by 28 U.S.C. §1441(d), which provides, in pertinent part: "[a]ny civil
action brought in a State against aforeign state as defined in section J603(a) of this title may be
removed by the foreign state to the district court of the United States for the district and division
6.
28 U.S.C. §1603(a) defines a "foreign state as, inter alia, "an agency or instrumentality
of a foreign state as defined in sub-section (b)." Subsection (b) of §1603, in turn, defines "an
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agency or instrumentality of a foreign state" as "an entity" that (l) "is a separate legal person,
corporate or otherwise"; (2) "is an organ of a foreign state or political subdivision thereof, or a
majority of whose shares or other ownership interest is owned by a foreign state or political
subdivision thereof'; and (3) "is neither a citizen of a State of the United States ... nor created
7.
On March 15, 1985, Icarom was acquired by the Republic of Ireland. Ownership of all
shares was transferred from Allied Irish Banks ("Allied") to Sealuchais Arachais Teoranta
("SAT"), a new holding company formed by the Republic of Ireland to hold the shares of Icarom
in trust for the Irish Minister for Finance by high-ranking civil servants in the Irish Government.
In April 2008, SAT transferred all shares of Icarom directly to the Irish Minister for Finance.
8.
Icarom meets all of the criteria for a "foreign state" within the meanlllg of
28 U.S.C. § 1603(a). First, it is a corporation organized and existing under the laws of the
Republic of Ireland, an organ of the Republic of Ireland, and/or an entity whose majority shares
are owned by the Republic of Ireland. Third, Icarom is neither a citizen of the United States nor
created under the laws of any third country. Icarom is therefore a "foreign state" within the
9.
As a "foreign state" against which a civil action has been brought, !carom may remove
the entire state court action to the United States District Court for the Western District of
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citizenship of any other party, without regard to the amount in controversy, and without the
consent of any other party, as none of these things is required for removal under
28 U.S.C. §1441(d).
10.
Icarom does not claim immunity from suit under 28 U.S.C. §§1605-07 or any
international agreement in connection with the matters giving rise to the state court action. This
Court, therefore, also has original jurisdiction of this action pursuant to 28 U.S.C. §1330(a).
11.
Removal to the United States District Court for the Western District of Louisiana,
Alexandria Division, is proper under 28 U.S.C. §1441(d) because that district (and division)
includes Avoyelles Parish where the state court action is now pending.
12.
This Notice of Removal is filed within thirty (30) days after !carom received a copy of
the Cross-Claims and Third-Party Demands that brought Icarom into the state court action as a
third-party defendant.
13.
Filed herewith as Exhibit "A" are copies of all processes, pleadings, and orders served on
14.
Promptly after filing this Notice of Removal, written notice thereof will be given to all
parties, a copy of this Notice of Removal will be filed with the Clerk of the aforesaid state court
to effect removal of the state court action to this Honorable Court, as provided by law, and a
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copy of this Notice of Removal will also be sent to the Louisiana Third Circuit Court of Appeal
before which several writ applications emanating from the state court action are pending.
15.
28 U.S.C. §1446(a) and/or §1447(b) as this Honorable Court advises and directs.
16.
In accordance with Local Rule 3.1, attached hereto as Exhibit "Boo is a listing and brief
discussion of another action that includes a portion of the subject matter of the state court action.
17.
Icarom reserves the right to amend and/or supplement this Notice of Removal, as
necessary.
Corporation ofIreland, prays that this Notice of Removal be accepted as good and sufficient, and
that the aforesaid state court action be removed from state court into this Court for trial and
determination as provided by law, and that this Court enter such orders and issue such process as
may be proper to bring before it copies of all records and proceedings in said state court action
from said state court, and thereupon proceed with this civil action as if it had been commenced
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Respectfully submitted,
CERTIFICATE OF SERVICE
I do hereby certify that I have on this 27th day of January, 2011, served a copy of the
foregoing Notice of Removal on cOlmse1 for all known parties to this proceeding bye-mail and
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and
and
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and
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and
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