american legend cooperative v. indemnity insurance company of north america complaint

8/7/2019 AMERICAN LEGEND COOPERATIVE v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA Complaint

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DEFENDANTS NOTICE OF REMOVAL TO

FEDERAL COURT - 1

L A W O F F I C E S O F

C O ZE N O C O N N O RA P R O F E S S I O N A L C O R P O R A T I O N

S U I T E 5 2 0 0W A S H I N G T O N M U T U A L T OW ER

1 2 0 1 T H I R D A V E N U E S E A T T L E , W A S H I N G T O N 9 8 1 0 1 - 3 0 7 1

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SEATTLE\904074\1 230564.000

UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTON AT SEATTLE

AMERICAN LEGEND COOPERATIVE,

Plaintiff,

v.INDEMNITY INSURANCE COMPANY OFNORTH AMERICA, a PennsylvaniaCorporation,

Defendant.

Case No. ______________________

(KING COUNTY SUPERIOR COURTCAUSE NO. 09-2-42864-6 SEA)DEFENDANTS NOTICE OFREMOVAL TO FEDERAL COURT

TO: THE CLERK OF THE UNITED STATES DISTRICT COURT

IN AND FOR THE WESTERN DISTRICT OF WASHINGTON

PLEASE TAKE NOTICE THAT Defendant in the above-titled matter hereby removes

to this Court the state court action described below.

Defendant Indemnity Insurance Company of North America (Defendant), hereby

gives notice that this action is removed to the United States District Court for the Western

District of Washington, at Seattle, from the Superior Court of Washington, in and for King

County. Pursuant to 28 U.S.C. 1441, Defendant further states as follows:

State Court Action: Indemnity Insurance Company of North America is named as

the defendant in a civil action filed in the Superior Court of Washington, in and for King

County, styled American Legend Cooperative v. Indemnity Insurance Company of North

America, Cause No. 09-2-42864-6 SEA (the state court action).



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Commencement of State Court Action: The state court action was commenced

when plaintiffs Summons and Complaint were filed with the clerk of the King County

Superior Court on November 30, 2009. Service of the Summons and Complaint was effected

on Defendant on or aboutNovember 30, 2009. This Notice of Removal is timely, in that it is

being filed within thirty (30) days of receipt of service of the Summons and Complaint by

Defendant. Defendant has not filed pleadings in the state court action.

Record in State Court: The following pleadings, as are available in the file of the

state court action, encompass all of the pleadings received or filed in this action up to the

present time.

Summons

Complaint

Order Setting Civil Case Schedule

Case Information Cover Sheet

Affidavit of Service

The Complaint is attached hereto as Exhibit A. A complete copy of all additional documents

filed in the state court proceeding will be submitted with a subsequent declaration of counsel

pursuant to CR 101 of the Local Rules of the Western District of Washington.

Diversity of Citizenship is Basis for Federal Court Jurisdiction: This dispute

between Plaintiff and Defendant is a controversy between citizens of different states.

a. Plaintiff American Legend Cooperative is a non-profit agricultural marketing

cooperative based in Seattle, Washington.

b. Defendant Indemnity Insurance Company of North America is, and at all times

material has been, incorporated under the laws of Pennsylvania with its principal place of

business in Philadelphia, Pennsylvania.

Nature and Description of Case: This action seeks damages and attorneys fees and

costs, among other relief, for alleged breach of contract, violation of the Insurance Fair



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Conduct Act, insurance bad faith, and violation of the Consumer Protection Act, in

connection with Defendants response to a claim made under an insurance policy Defendant

issued to Plaintiff American Legend Cooperative.

Amount in Controversy: Plaintiff seeks to recover an amount in excess of $75,000.

The Complaint states that Plaintiff seeks, inter alia, judgment against Defendant for damages

of at least $800,000, which sum Plaintiff also seeks to treble.

Applicable Statutes: This is a civil action over which this Court has original

jurisdiction pursuant to 28 U.S.C. 1332, and the action is removable to this Court pursuant

to 28 U.S.C. 1441(a) and 28 U.S.C. 1446.

Concurrent Notice to State Court: Defendant is concurrently filing a copy of this

Notice of Removal with the Court of the Clerk of the Superior Court of Washington in and for

King County, cause number 09-2-42864-6 SEA, pursuant to 28 U.S.C. 1446(d).

DATED this 23rd day of December, 2009.

COZEN O'CONNOR

By: /s/ Rodney Q. Fonda Rodney Q. Fonda, WSBA No. 6594Kevin A. Michael, WSBA No. 36976

1201 Third Avenue, Suite 5200Seattle, Washington 98101Telephone: 206.340.1000Facsimile: 206.621.8783E-mail: [email protected]

[email protected] for Defendant Indemnity InsuranceCompany of North America



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CERTIFICATE OF SERVICE

I, Dava Bowzer, certify and state as follows:

I am a resident of the United States and of the State of Washington; I am over the age

of 18 years and not a party of the within entitled cause. I am employed by the law firm of

Cozen OConnor, 1201 Third Avenue, Suite 5200, Seattle, WA 98101.

On the 23rd day of December, 2009, I caused to be served upon counsel of record, at

the address and in the manner described below, a true copy of the foregoing DEFENDANTS

NOTICE OF REMOVAL TO FEDERAL COURT and this Certificate of Service.

Counsel for Plaintiffs:

James E. HowardIeva ButkuteDorsey & Whitney LLP701 Fifth Avenue, Suite 6100Seattle, WA 98104

[ ] U.S. Mail[ ] E-mail

[ ] UPS[ ] Facsimile[X] ABC Legal Messenger

Dated this 23rd day of December, 2009.

By: /s/ Dava Bowzer, Legal Assistant to

Rodney Q. Fonda, WSBA No. 6594COZEN O'CONNOR1201 Third Avenue, Suite 5200Seattle, Washington 98101Telephone: 206.340.1000Facsimile: 206.621.8783E-mail: [email protected]

[email protected]


american legend cooperative v. indemnity insurance company of north america complaint

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