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112772835.3 IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DIST RICT OF GEORGIA
ATLANTA DIVISION
SKY HARBOR ATLANTA
NORTHEAST, LLC, and CRESTLINE
HOTELS & RESORTS, LLC,
Plaintiffs,
v.
AFFILIATED FM INSURANCE
COMPANY,
Defendant. )
)
)
) ) )
)
) )
)
) )
)
CIVIL ACTION FILE NO. __________
NOTICE OF REMOVAL
COMES NOW Affiliated FM Insurance Company (“AFM”), Defendant in
the above-styled civil action, and pursua nt to 28 U.S.C. §§ 1332, 1441, and 1446,
files this Notice of Removal and respectfu lly shows the Court the following:
1.
On or about September 1, 2017, Plai ntiff Sky Harbor Atlanta Northeast,
LLC (“Sky Harbor”) and Crestline Ho tels & Resorts, LLC (“Crestline”)
(collectively, “Plaintiffs”) filed this ac tion against AFM in the Superior Court of
Gwinnett County, State of Georgia, entitle d Sky Harbor Atlanta Northeast, LLC
and Crestline Hotels & Resor ts, LLC v. Affiliated FM Insurance Company, Civil Case 1:17-cv-03910-JPB Document 1 Filed 10/05/17 Page 1 of 8
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112772835.3 Action File No. 17-A08648-6. All process, pleadings, and orders (except for the
amended complaint cited below) served on AFM in this action are attached hereto
as Exhibit 1.
2.
The original complaint filed in this action did not allege the citizenship of
the Plaintiffs to allow determination of whether diversity jurisdiction exists.
3.
Based on the lack of clarity in th e original complaint regarding the
citizenship of the Plaintiffs, AFM sent a letter on September 14, 2017 to Plaintiffs
inquiring as to their respective citizensh ips. A true and correct copy of the
September 14, 2017 letter is attached hereto as Exhibit 2.
4.
On September 21, 2017, Plaintiffs acknowledged receipt of AFM’s letter
and agreed to provide information res ponsive to AFM’s request by September 25,
2017. A true and correct copy of the Sept ember 21, 2017 email is attached hereto
as Exhibit 3.
Case 1:17-cv-03910-JPB Document 1 Filed 10/05/17 Page 2 of 8
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112772835.3 5.
In lieu of a response, Plaintiffs f iled an Amended Comp laint on September
27, 2017, which establishes the citizenship of the parties. A true and correct copy
of the Amended Complaint served on AFM is attached hereto as Exhibit 4.
6.
Sky Harbor is a limited liability co mpany. Sky Harbor’s members are
Constellation Capital, LLC and JVW Inve stments, LLC, which are both limited
liability companies.
7.
The sole member of Constellation Capita l, LLC is Wei Cui, who is a citizen
of California.
8.
The members of JVW Investments, LL C are Vicky Yuan, who is a citizen
of California, and Julia Wong, w ho is a citizen of Massachusetts.
9.
Crestline is a limited liability compa ny. The two member s of Crestline are
Barcelo Crestline Corp., a corporation orga nized under the laws of Maryland with
its principal place of business in Virginia and thus a citizen of both Maryland and Case 1:17-cv-03910-JPB Document 1 Filed 10/05/17 Page 3 of 8
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112772835.3 Virginia for purposes of diversity, and BCE-BCC, LLC, a limited liability
company.
10.
The sole member of BCE-BCC, LLC is Barcelo Corporacion Empresarial,
SA, a Spanish Sociedad anonima. The members of Bar celo Corporacion
Empresarial, SA are seventeen indivi duals who are all citizens of Spain.
11.
AFM is an insurance company orga nized under the laws of Rhode Island
with its principal place of business in Rhode Island and is thus a citizen of Rhode
Island.
12.
At all times relevant to this action, there both is and has been complete
diversity of citizenship and an amount in controversy in excess of $75,000 (Ex. 4,
¶¶ 3-5, 21, 40), which satisfies the require ments for removal jurisdiction. 28 U.S.C.
§ 1332(a).
13.
This Notice of Removal has been timely filed within thirty (30) days after
the Amended Complaint was filed and served. See 28 U.S.C. § 1446(b)(3).
Case 1:17-cv-03910-JPB Document 1 Filed 10/05/17 Page 4 of 8
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112772835.3 14.
Pursuant to 28 U.S.C. § 90(a)(2), the United States District Court for the
Northern District of Georgia, Atlanta Division, is the district court having
jurisdiction over the geographical area where the state court action is pending.
Pursuant to 28 U.S.C. § 1446(a), AFM is entitled to remove this action from the
Superior Court of Gwinnett County, Georgia, as demonstrated above.
15.
AFM has provided written notice of its filing of this Notice of Removal to
Plaintiffs and the Clerk of Court for th e Superior Court of Gwinnett County, a copy
of which is attached hereto as Exhibit 5.
WHEREFORE , AFM respectfully requests th at the Court assume full
jurisdiction of the controversy now pend ing between Plaintiffs and AFM in the
Superior Court of Gwinnett County as provided by law.
Respectfully submitted this 5th day of October, 2017.
/s/ James V. Chin
James V. Chin
Georgia Bar No. 124827
Justan C. Bounds Georgia Bar No.: 339789
Amanda D. Proctor
Georgia Bar No.: 776848 CARLTON
FIELDS JORDEN BURT, P.A.
1201 West Peachtree Street Case 1:17-cv-03910-JPB Document 1 Filed 10/05/17 Page 5 of 8
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112772835.3 Suite 3000
Atlanta, GA 30309
Telephone: (404) 815-3400
Fax: (404) 815-3415 Email: [email protected]
[email protected]
[email protected]
Attorneys for Defendant
Affiliated FM Insurance Company Case 1:17-cv-03910-JPB Document 1 Filed 10/05/17 Page 6 of 8
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112772835.3 IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DIST RICT OF GEORGIA
ATLANTA DIVISION
SKY HARBOR ATLANTA
NORTHEAST, LLC, and CRESTLINE
HOTELS & RESORTS, LLC,
Plaintiffs,
v.
AFFILIATED FM INSURANCE
COMPANY,
Defendant. )
)
)
) ) )
)
) )
)
) )
)
CIVIL ACTION FILE NO. __________
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on October 5, 2017, I served a true and correct
copy of the foregoing document this da y using the CM/ECF system, which will
automatically send e-mail notification of su ch filing to the following attorneys of
record:
Shattuck Ely, Esq.
Tails Trevino, Esq.
FELLOWS LABRIOLA LLP
Peachtree Center
Suite 2300 South Tower
225 Peachtree Street, N.E.
Atlanta, Georgia 30303
Case 1:17-cv-03910-JPB Document 1 Filed 10/05/17 Page 7 of 8
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112772835.3 Matthew J. Conroy, Esq.
Evan Schwartz, Esq.
Maria Campese, Esq.
SCHWARTZ LAW, P.C.
666 Old Country Road, 9th Floor
Garden City, NY 11530
Raymond Steinbrecher, Esq.
RAYMOND STEINBRECHER PLLC
1016 Thomas Drive
Suite 103
Panama City Beach, Florida, 32408
/s/ James V. Chin
J a m e s V . C h i n Case 1:17-cv-03910-JPB Document 1 Filed 10/05/17 Page 8 of 8