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1 UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION
SIOUX CITY FOUNDRY COMPANY, )
) Case No. __________________
Plaintiff, )
)
v. )
)
AFFILIATED FM INSURANCE COMPANY, )
)
Defendant. )
NOTICE OF REMOVAL 28 U.S.C § 1332 and 1446(b)(1)
Iow
a District Court in and fo r Woodbury County Case No. LACV191890
Affiliated FM Insurance Company (“Affiliate d FM” or “Defendant”), by and through its
undersigned counsel, pursuant to 28 U.S.C. §§ 1 441 and 1446, hereby removes this case from the
Iowa District Court for Woodbury County, Iowa to the United States District Court for the
Northern District of Iowa, Western Division. In support of this Notice of Removal, Affiliated FM
states as follows:
STATE COURT ACTION
1. On April 29, 2020, Sioux City Foundry Company (“Sioux City Foundry” or
“Plaintiff”) filed its Petition at Law and Dema nd for Jury Trial (the “Complaint”), naming
Affiliated FM as the sole defendant. Pursuant to 28 U.S.C. § 1446(a) and Local Rule 81, a copy
of the Petition and Jury Demand is attached as Exhibit A.
2. The Complaint alleges that Affiliated FM issued a property insurance policy to
Plaintiff, an insurance claim was made by Plaintiff pertaining to an electrical arc flash event that
allegedly caused loss or damage to Plaintiff’ s property, and that Affiliated FM breached its 5:20-cv-4030
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obligations to Plaintiff in connection with the in surance claim. Plaintiff’s Complaint identifies
causes of action for breach of contract and for first party bad faith.
3. On May 11, 2020, Affiliated FM accepted serv ice of the Complaint, at request of
Plaintiff. See Exhibit B.
4. According to the docket sheet from the Iowa District Court for Woodbury County,
the following documents are the only filings in the State Court Action:
a. Petition at Law and Jury Demand;
b. Original Civil Notice; and
c. Acceptance of Service;
5. Pursuant to 28 U.S.C. § 1446(a), a copy of all process, pleadings, and orders
received are accordingly attached hereto, as Exhibits A and B.
TIMELINESS
6. Section 1446(b)(1) of titl e 28 sets requirements for the filing of a Notice of
Removal, and provides that: “The notice of remova l of a civil action or proceeding shall be filed
within 30 days after th e receipt by the defendant , through service or otherwise, of a copy of the
initial pleading setting forth the claim for relief upon which such action or proceeding is based, or
within 30 days after the service of summons upon the defendant if such initial pleading has then
been filed in court and is not re quired to be served on the defendant, whicheve r period is shorter.
7. This notice of removal is timely filed becau se Affiliated FM file d it within thirty
days of the date that Affiliated FM was se rved with the lawsuit. 28 U.S.C. § 1446(b)(1).
JURISDICTION AND VENUE
8. This Court has jurisdiction over this action pursuant to the provisions of 28 U.S.C.
§ 1332(a) because both the diversity and amount in controversy requirement are met.
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9. The parties are of diverse citizenship. Pl aintiff is an Iowa corporation with its
principal place of business in Iowa. See Complaint, ¶ 1. Defendant is an insurance company
organized under the laws of Rhode Island, with its principal place of business in Rhode Island.
10. The amount in controversy requirements are met. Both before and after the filing
of the State Court Action, Plaintiff has communicated to Affiliated FM that it seeks significantly more than $75,000.00, exclusive of interests and costs.
11. Venue for purposes of removal is proper. Actions are removable from a state court
to the district court that encompasse s the county where the action was filed. See 28 U.S.C. §
1446(a). Here, the Northern District of Iowa, We stern Division, includes th e Iowa District Court
for Woodbury County, Iowa.
NOTICE
12. Affiliated FM is filing with the Clerk of the Iowa District Court of Woodbury
County a Notice of Filing of Notice of Removal , together with this Notice of Removal and
supporting documents, in accordance with 28 U.S.C. § 1446(d).
13. Contemporaneously with this filing, Affiliated FM is providing notice to Plaintiff
in accordance with 28 U.S.C. § 1446(d).
14. Pursuant to Local Rule 81(a), Defendant stat es that this is the only matter currently
pending in the state court that wi ll require resolution. Counsel th at has appeared on behalf of
Plaintiffs in state court is:
Paul W. Deck
Benjamin J. Deck 505 5th St., Suite 635 Sioux City, IA 51101 (712) 255-3573 (712) 255-8463 (fax) [email protected]
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CONCLUSION
15. Having established the requirements for di versity jurisdiction are met, and this
action otherwise meeting the requirements for rem oval, the State Court Action may be removed to
this Court, and Affiliated FM hereby gives notice of its removal. Dated: May 28, 2020
Respectfully submitted,
Timothy A. Clausen #AT0001554 KLASS LAW FIRM, L.L.P. Mayfair Center, Upper Level 4280 Sergeant Road, Suite 290 Sioux City, IA 51106 [email protected] WWW.KLASSLAW.COM 712/252-1866 712/252-5822 fax
ATTORNEYS FOR DEFENDANT
Copy to: Paul W. Deck Benjamin J. Deck 505 5th St., Suite 635 Sioux City, IA 51101
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the above cause to each of th e attorneys of record
herein at their respective addresses disclosed
on the pleading on ___5/29______________, 2020 By: _____ U.S. Mail ______ facsimile
_____ Hand delivered ______ Overnight courier
_____ Email ___x___ ECF
Signature ___/s/ Mindy Eckmann ________________
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