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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

SHREVEPORT DIVISION

CYNTHIA HENDRICKSON, INDIVIDUALLY CIVIL ACTION NO.: AND ON BEHALF OF HER MINOR CHILDREN, BRANNON LORMAND AND BRITTAINY JUDGE: HENDRICKSON

Plaintiffs MAG:

VERSUS NOTICE OF REMOVAL (DIVERSITY) AND FOR

ACE AMERICAN INSURANCE COMPANY, JURY TRIAL CETCO OILFIELD SERVICES COMPANY, LLC, By defendants. AND JONATHAN RODGERS Removed from

Defendants the 42nd Judicial District Court for the Parish of De Soto State of Louisiana Case No. 00074501 Division: A

NOTICE OF REMOVAL

PLEASE TAKE NOTICE that pursuant to 28 U.S.C. §§ 1441 and 1446, defendants,

Ace American Insurance Company, a foreign insurer, and CETCO Oilfield Services Company,

LLC, a foreign limited liability company organized under the laws of the State of Delaware,

remove to this Court the state-court action described in Paragraph 1 below.

THE REMOVED CASE

1.

The removed case is a civil suit filed on or about February 25, 2013 in the 42nd Judicial

District Court for the Parish of De Soto entitled "Cynthia Hendrickson, individually and on

behalf of her minor children, Brannon Lormand and Brittainy Hendrickson v. Ace American

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Insurance Company, CETCO Oilfield Services Company, LLC, and Jonathan Rodgers," and

assigned Case Number 00074501, Division A.

PAPERS FROM REMOVED ACTION

2.

As required by 28 U.S.C. § 1446(a), attached as Exhibit 1 are copies of all processes,

pleadings, and orders in the case, served on defendants.

CONSENT TO REMOVAL

3.

Ace American Insurance Company and CETCO Oilfield Services Company, LLC are

represented by undersigned counsel and consent to this removal. Jonathan Rodgers, allegedly a

Texas domiciliary, has not been served, nor has he made an appearance in the state-court

proceeding. Therefore, his consent is not necessary to effect this removal. Further, as Mr.

Rodgers has not been served and has not made an appearance, this Court may ignore the

domicile of Mr. Rodgers for purposes of this removal. See 28 U.S.C. § 1441(b).

THIS REMOVAL IS TIMELY

4.

The first date upon which any defendant received a copy of the Petition for Damages in

the removed case was on or about March 5, 2013. Ace American Insurance Company was served

personally with the Petition for Damages and summons via hand delivery of same to its agent for

service of process by an East Baton Rouge Sheriffs Deputy. This Notice of Removal is filed

within 30 days of that service and, therefore, is timely pursuant to 28 U.S.C. § 1446(b).

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THE AMOUNT IN CONTROVERSY REQUIREMENT IS MET

5.

Plaintiffs Petition alleges serious personal injuries to Cynthia Hendrickson and loss of

services and society to her minor children, Brannon Lormand and Brittainy Hendrickson, caused

by defendants. Plaintiff claims her injuries are serious and will require future medical treatment.

Plaintiff alleges that because of her personal injuries, she has suffered and will continue to suffer

the following damages:

A. Physical pain and suffering (past, present, and future); B. Mental pain and anguish (past, present, and future); C. Medical expenses (past, present, and future); D. Loss of enjoyment of life (past, present, and future); E. Loss of earning capacity; F. Lost wages (past and future); G. Surgical scarring; and

H. Physical disability and limitation of activities, hobbies, and endeavors.

These damages are claimed by the plaintiff herein. It is therefore apparent that the

amount in controversy in this action exceeds $75,000.00, exclusive of interest and costs,

although defendants specifically deny liability for any amount.1

6.

Plaintiff did not state any specific dollar amount to which she believes she would be

entitled if she were victorious in this suit.

7.

Plaintiffs are specifically forbidden by Louisiana law from praying for a specific

monetary amount in a Petition for Damages. See La. Code Civ. Pro. Art. 893(A)(1). Further, in

Louisiana, plaintiffs are to be awarded all damages to which they are entitled under the facts and

' The allegations of the amount in controversy should not be construed as an admission of liability or an estimate of actual damages allegedly sustained by plaintiff. Such allegations are recited herein merely to point out that the jurisdictional amount for diversity cases is met in this particular matter.

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the law of the specific case, regardless of whether such damages are specifically prayed for in the

Petition and regardless of whether the plaintiff prayed for general and / or equitable relief. See

La. Code Civ. Pro. Art. 862.

8.

A review of Louisiana jurisprudence provides that awards for pain and suffering and

other compensatory damages in suits similar to the instant matter easily exceed the federal

jurisdictional amount in controversy requirement, should plaintiff actually succeed in this suit.

9.

In the instant matter, Cynthia Hendrickson alleges she sustained serious personal injuries

including "injuries to the neck, back, left shoulder, [and] head." See Petition at f 15. Specifically,

plaintiff alleges she sustained injuries including "intermediated paresthesia of the [fifth] digit of

the left hand;" disc herniations at C5-6 and C6-7; and an L4-5 disc bulge. Id. Upon information

and belief, plaintiff has undergone a surgical procedure to the left ulnar nerve, allegedly related

to the accident sued upon. Upon information and belief, plaintiff was treating at the time suit was

filed and it is possible that medical treatment may continue into the foreseeable future. The

plaintiffs last demand to defendants was well in excess of $100,000.00. Clearly, when the Court

considers the allegations of injury asserted by plaintiff, it is evident defendants have established

that if plaintiff is successful in the prosecution of this matter, her award would likely total a sum

greater than $75,000.00.

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THE VENUE REQUIREMENT IS MET

10.

Venue of this removal action is proper pursuant to 28 U.S.C. § 1442(a) as this Court is

the United States District Court for the district and division corresponding to the place where the

state-court action was pending.

THE BASIS FOR FEDERAL JURISDICTION

11.

This is a civil action that falls under this Court's original jurisdiction pursuant to 28

U.S.C. § 1332 (diversity of citizenship) and may be removed to this Court by the defendants

pursuant to 28 U.S.C. § 1441(b).

DIVERSITY JURISDICTION EXISTS

12.

It is believed that the plaintiffs and all proper defendants are, and at all material times

were, citizens and domiciliaries of different states of the United States of America.

13.

Plaintiff and her minor children are domiciled in the Parish of De Soto, State of

Louisiana. See Petition for Damages.

14.

Defendant, Ace American Insurance Company, is a foreign insurance corporation that is

incorporated and exists by virtue of the laws of the State of Pennsylvania. Its principal place of

business is located in Philadelphia, Pennsylvania. At all material times, it was, and remains,

authorized to do and doing business in the State of Louisiana and within this Court's jurisdiction.

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It has appointed the Louisiana Secretary of State as its agent for service of process in the State of

Louisiana.

15.

Defendant, CETCO Oilfield Services Company, LLC, is a foreign limited liability

company that is organized and exists by virtue of the laws of the State of Delaware. Its principal

place of business is located in Hoffman Estates, Illinois. CETCO's sole member is Colloid

Environmental Technologies Company, LLC, a limited liability company that is organized and

exists by virtue of the laws of the State of Delaware with its principal place of business located in

Hoffman Estates, Illinois. At all material times, CETCO was, and remains, authorized to do and

doing business in the State of Louisiana and within this Court's jurisdiction. It has appointed

C.T. Corporation System, located at 5615 Corporate Blvd., Suite 400B, Baton Rouge, Louisiana

70808, at its Louisiana registered agent for service of process.

16.

Defendant, Jonathan Rodgers, is allegedly a Texas domiciliary. See Petition for Damages.

He has not been served, nor has he made an appearance in the state-court proceeding. As Mr.

Rodgers has not been served and has not made an appearance, this Court may ignore his

domicile for purposes of this removal. See 28 U.S.C. § 1441(b). However, even if considered,

Mr. Rodgers is alleged to be a Texas domiciliary.

CONCLUSION

17.

Defendants, Ace American Insurance Company and CETCO Oilfield Services Company,

LLC, properly remove to this Court, from the 42nd Judicial District Court for the Parish of De

Soto, State of Louisiana, the Louisiana state-court case entitled "Cynthia Hendrickson,

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individually and on behalf of her minor children, Brannon Lormand and Brittainy Hendrickson

v. Ace American Insurance Company, CETCO Oilfield Services Company, LLC, and Jonathan

Rodgers," and assigned Case Number 00074501, Division A.

DEMAND FOR JURY TRIAL

18.

Defendants request a trial by jury on issues triable thereto.

19.

Defendants reserve the right to amend and / or supplement this Notice of Removal.

CERTIFICATE OF SERVICE

I hereby certify a copy of the foregoing has been served upon all counsel of record, or the parties, via facsimile, electronic mail, or U.S. Mail, properly addressed and first class postage pre-paid, this 15th day of March, 2013.

Respectfully submitted:

SUTTERFIELD & WEBB, LLC

^COTT T. WINSTEAD (#27690) LAKEN N. DAVIS (#33796) 650 Poydras Street, Suite 2715 New Orleans, Louisiana 70130 Telephone: (504) 598-2715 Facsimile: (504) 529-7197 swinstead(S> swslaw.com ldavis@swslaw.com

COUNSEL FOR ACE AMERICAN INSURANCE COMPANY AND CETCO OILFIELD SERVICES COMPANY, LLC.