CASE 0:13-cv-02003-DWF-AJB Document 1 Filed 07/25/13 Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA FOURTH DIVISION Luminaire Recyclers, Inc., a Minnesota corporation, Plaintiff, v. ACE American Insurance Company, Defendant. To: CLERK of The United States District Court for the District of Minnesota; and PLAINTIFF LUMINAIRE RECYCLERS, INC. by its attorney, LAURA A. HAGE at 1539 Grand Avenue St. Paul, MN 55105. PLEASE TAKE NOTICE that Defendant ACE American Insurance Company, by filing this Notice of Removal under 28 U.S.C. 1446(a), removes this matter from the Fourth Judicial District Court for the County of Hennepin, Minnesota to the United States District Court for the District of Minnesota, based upon the following grounds for removal: 1. Plaintiff Luminaire Recyclers, Inc. served Defendant ACE with a Complaint, ACE AMERICAN INSURANCE COMPANYS NOTICE OF REMOVAL Case No.: __________________

captioned Luminaire Recyclers, Inc., a Minnesota corporation v. ACE American Insurance Company, on July 9, 2013. 2. Plaintiff Luminaire is the sole plaintiff bringing the Complaint against Defendant

ACE as the sole defendant. 3. A copy of the Summons and Complaint are collectively attached as Exhibit A to

this Notice, as required by 28 U.S.C. 1446(a). Other than the pleadings attached as Exhibit A, Defendant ACE is not aware of any other pleadings filed or served by any other parties.

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4.

Defendant ACE is filing its Notice of Removal under 28 U.S.C. 1441(b), based

upon diversity jurisdiction conferred over matters between citizens of different States by 28 U.S.C. 1332(a)(1), according to the following: i. The amount in controversy exceeds the sum of $75,000, exclusive of

interest and costs, as determined under 28 U.S.C. 1446(c)(2)(A)(ii) (Ex. A, Compl. 21); ii. Plaintiff Luminaire is incorporated and has its principal place of business

in Minnesota, and is therefore a citizen of Minnesota (id. 1); and iii. Defendant ACE is incorporated and has its principal place of business in

Pennsylvania, and is therefore a citizen of Pennsylvania (Ex. A, Ans. 2). 5. This matter is a civil action in which Plaintiff Luminaire alleges that Defendant

ACE breached an insurance contract. (Ex. A, Compl. 20.) The Complaint alleges one Count labeled Breach of Contract. (Id. 1521.) 6. In its Complaint, Luminaire alleges that U.S.A. Lamp and Ballast Recycling, Inc.

commenced a lawsuit against Luminaire in September 2009. (Id. 7.) On January 14, 2013, Luminaire wrote a letter to ACE claiming that it incurred over $75,000 in attorneys fees in defending that lawsuit, and it now seeks to recover those costs from ACE in this action. 7. The ACE policy under which Luminaire seeks coverage is Policy

No. G24061097001, which has an Each Occurrence Limit of $1,000,000, subject to a General Aggregate Limit of $2,000,000 and Products/Completed Operations Limit of $2,000,000. The ACE Policy also has a Personal & Advertising Injury Limit of $1,000,000 per person or organization, Contractors Pollution Liability Coverage Part limit of $1,000,000 per pollution condition, Professional Liability Coverage Part limit of $1,000,000 per claim, and a Third Party

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Premises Pollution Coverage Part limit of $1,000,000 per pollution condition. A $5,000 deductible applies for the Commercial General Liability Coverage, Contractors Pollution Liability Coverage Part, and Professional Liability Coverage Part, while a $10,000 deductible applies for the Third Party Premises Pollution Liability Coverage Part. 8. The United States District Court has original jurisdiction over this action pursuant

to 28 U.S.C. 1332 because this is a civil action between citizens of different states in which the amount in controversy, upon information and belief, exceeds the sum or value of $75,000 exclusive of costs. 9. Because this action is pending in a Minnesota state court, removal to the United

States District Court for the District of Minnesota is proper under 28 U.S.C. 1441. 10. Defendant ACE has timely filed this Notice of Removal less than thirty days after

Plaintiff Luminaire commenced the action by serving it with the Complaint on July 9, 2013, as required by 28 U.S.C. 1446(b)(1) & (c)(1). 11. Defendant ACE will promptly serve Plaintiff Luminaire with a copy of this

Notice of Removal and file a Notice of Filing Its Notice of Removal with the Fourth Judicial District Court for the County of Hennepin, Minnesota as required by 28 U.S.C. 1446(d). 12. Defendant ACE reserves all of its defenses, including, without limitation, the right

to amend or supplement this Notice of Removal. WHEREFORE, Defendant ACE requests that this matter be removed from the Fourth Judicial District of the State of Minnesota, Hennepin County, to the United States District Court, District of Minnesota, and that all further proceedings be held before this Court.

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Dated: July 25, 2013

s/ Stacy A. Broman Stacy A. Broman, SB#192454 R. Henry Pfutzenreuter, SB#0391468 MEAGHER & GEER, PLLP 33 South Sixth Street, Ste. 4400 Minneapolis, MN 55402 Tel: (612) 338-0661 Fax: (612) 338-8384 Email: sbroman@meagher.com hpfutz@meagher.com (Counsel for Defendant ACE American Insurance Company)

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