Case 1:12-cv-01833-WSD Document 1 Filed 05/25/12 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION MICHAEL J. BLONDER, BRADLEY G. JOHNSON, FOCUS LAND INVESTORS, LLC, and FOCUS DEVELOPMENT, INC., Plaintiffs, v. : : : : : : : : : : : : : : :

CIVIL ACTION FILE NO. ___________________

ILLINOIS UNION INSURANCE COMPANY, Defendant. _____________________________:

NOTICE OF REMOVAL COMES NOW, Defendant Illinois Union Insurance Company (ILU), by and through its undersigned counsel, and pursuant to 28 U.S.C. 1441 and 1446, hereby removes to this Court an action pending in the Superior Court of Fulton County, Georgia (Civil Action File No. 2012CV213789) for the reasons set forth below:

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1. ILU is a Defendant in a civil action filed in the Superior Court of Fulton County, State of Georgia, Civil Action File No. 2012CV213789. This Notice of Removal is filed with the United States District Court for the Northern District of Georgia, Atlanta Division, within thirty (30) days of service upon ILU of the initial pleading setting forth the claim for relief upon which said action is based. The documents attached hereto as Exhibit A constitute all of the process, pleadings (as defined by Fed.R.Civ.P. 7), and orders served on Defendant in this action to date as required by 28 U.S.C. 1446(a). 2. The United States District Court for the Northern District of Georgia, Atlanta Division, is the District Court having jurisdiction over the place where the state court action is pending pursuant to 28 U.S.C. 90(a)(2). 3. A copy of this Notice of Removal has been filed with the clerk of the Superior Court of Fulton County, State of Georgia, as required by 28 U.S.C. 1446(d).

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Diversity Jurisdiction 4. Removal is proper in this case pursuant to 28 U.S.C. 1332(a)(1). Plaintiffs allege to be Georgia residents, and ILU is a corporation organized and existing under the laws of the State of Illinois with its principal place of business in Chicago, Illinois. This controversy is, therefore, one between citizens of different states pursuant to 28 U.S.C. 1332(c)(1). 5. In the Complaint, Plaintiffs allege that a Business Management and Indemnity Insurance Policy issued by ILU provided coverage to Plaintiffs for a lawsuit filed against them by Tucker Athletic Center Holdings, LLC in the Superior Court of Fulton County, Georgia, styled Tucker Athletic Center Holdings, LLC v. Focus Land Investors, LLC, Michael J. Blonder, Bradley G. Johnson, and Focus Development, Inc., Civil Action No. 2008CV148806 (the Underlying Lawsuit). 6. While Plaintiffs do not allege a dollar amount at issue in the Complaint, Plaintiffs claim that the ILU Business Management and Indemnity Insurance Policy provided coverage for the Underlying Lawsuit and that they incurred, upon
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information and belief, approximately $200,000 in attorneys fees in defending the Underlying Lawsuit, which they seek to recover from ILU. Therefore, the amount in controversy in the present case exceeds $75,000, exclusive of interest and costs, pursuant to 28 U.S.C. 1332(a). 7. This Notice is signed pursuant to Federal Rule of Civil Procedure 11 in accordance with 28 U.S.C. 1446(a). WHEREFORE, ILU prays 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 Fulton County, State of Georgia. DATED this 25th day of May, 2012.

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Respectfully submitted,

/s/ Jennifer A. Kennedy-Coggins Jennifer A. Kennedy-Coggins Georgia Bar Number 141577 Cozen OConnor Suite 2200, SunTrust Plaza 303 Peachtree Street, NE Atlanta, Georgia 30308 Telephone: (404) 572-2000 Facsimile: (404) 572-2199 jkennedy-coggins@cozen.com Counsel for Defendant Illinois Union Insurance Company Of Counsel: Angelo G. Savino Cozen OConnor 45 Broadway Atrium Suite 1600 New York, New York 10006 Telephone: (212)509-9400 Facsimile: (212)509-9492 E-mail: asavino@cozen.com Counsel for Defendant Illinois Union Insurance Company CERTIFICATION: The above-signed counsel hereby certifies that this document was prepared in Times New Roman 14-point font and a 1.5 inch top margin in accordance with LR 5.1B, N.D.Ga.

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION MICHAEL J. BLONDER, BRADLEY G. JOHNSON, FOCUS LAND INVESTORS, LLC, and FOCUS DEVELOPMENT, INC., Plaintiffs, v. : : : : : : : : : : : : : : :

CIVIL ACTION FILE NO. 2012CV213789

ILLINOIS UNION INSURANCE COMPANY, Defendant. _____________________________:

CERTIFICATE OF SERVICE I hereby certify that on May 25, 2012, I served a true and correct copy of the within and foregoing NOTICE OF REMOVAL upon counsel for all parties by placing a copy of same in the United States Mail in a properly addressed envelope with adequate postage affixed thereon, addressed as follows: H. Michael Dever Genevieve H. Dame FRIEDMAN, DEVER & MERLIN, LLC 5555 Glenridge Connector, NE Suite 95, Glenridge Highlands Atlanta, GA 30342-4728
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Respectfully submitted,

/s/ Jennifer A. Kennedy-Coggins Jennifer A. Kennedy-Coggins Georgia Bar Number 141577 Cozen OConnor Suite 2200, SunTrust Plaza 303 Peachtree Street, NE Atlanta, Georgia 30308 Telephone: (404) 572-2000 Facsimile: (404) 572-2199 Jkennedy-coggins@cozen.com Counsel for Defendant Illinois Union Insurance Company

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