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Case 1:11-cv-01955-LJO-JLT

Document 1

Gary S. Gray, State Bar No. 66001 Matthew S. Shorr, State Bar No. 106298

GRAY • DUFFY, LLP 15760 Ventura Boulevard, 16th Floor

Encino, California 91436 Phone (818) 907-4000

Filed 11/23/11

Page 1 of 4

Attorneys for Defendant, CONSOLIDATED CRANE

& RIGGING, INC., a Texas corporation

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON, ZURICH NORTH AMERICA,

and ACE AMERICAN INSURANCE COMPANY,

Plaintiff(s),

vs.

CONSOLIDATED CRANE & RIGGING,

INC., a Texas corporation, and MAXIM CRANE WORKS, L.P., a Pennsylvania

corporation, and DOES 1 through 25, Inclusive,

Defendant(s).

Case No.

NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. §1441(b) (DIVERSITY); DECLARATION OF MATTHEW S. SHORR

TRIAL DATE:

ACTION FILED: 10/14/11

NONE SET

TO THE CLERK OF THE ABOVE-ENTITLED COURT:

PLEASE TAKE NOTICE that Defendant CONSOLIDATED CRANE & RIGGING, INC.

hereby removes to this Court the state court action described below.

1. On October 14, 2011, this removed action was commenced in the Superior Court

of the State of California for the County of Kern , named and styled“Certain Underwriters at

Lloyd’s of London, etc. et.al. vs. Consolidated Crane & Rigging, Inc. etc., et. al., Case No. S-1500-

CV-274964. [Declaration of Matthew S. Shorr, at Paragraph 2, Exhibit “A”].

2. On October 28, 2011, George Turner, President of Defendant, CONSOLIDATED

CRANE AND RIGGING, INC., executed a Notice and Acknowledgment of Receipt of the

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NOTICE OF REM OVAL OF ACTION UN DER 28 U.S.C. §1441(b)

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Case 1:11-cv-01955-LJO-JLT

Document 1

Filed 11/23/11

Page 2 of 4

Summons and Complaint on behalf of Defendant, CONSOLIDATED CRANE AND RIGGING,

INC. [Declaration of Matthew S. Shorr, at Paragraph 3, Exhibit “B”].

3. This state court action is one which may be removed to this Court by Defendant,

pursuant to the provisions of 28 U.S.C. §1441(b), in that it is an action between citizens of

different States and the amount in controversyexceeds $75,000.00, exclusive of interests and costs.

4. There is complete diversity of citizenship of the parties. At the time that this State

Court action was filed and commenced through the present, Defendant, Consolidated Crane and

Rigging, Inc. was a corporation incorporated in the State of Texas, with its principal place of

business in the State of Texas. [Declaration of Matthew S. Shorr, at Paragraph 4, Exhibit “C”].

5. Plaintiff, CERTAIN UNDERWRITERS AT LLOYD’S OF LONDON, is an

unincorporated association of underwriters, organized and existing in the United Kingdom.

Plaintiff, ZURICH NORTH AMERICA was incorporated in the State of New York, with its

principal place of business in Illinois. ACE AMERICAN INSURANCE COMPANY was a

corporation incorporated in the State of Pennsylvania, with its principal place of business in

Pennsylvania.

6. As alleged in the Complaint, Plaintiffs had claimed damages as paid to their insured,

TERRA-GEN POWER, LLC, in the amount of $1,103,308.74 stemming from an incident that

occurred on or about July 3, 2010, at a construction site on a Project called Alta I In Mojave,

California. [Declaration of Matthew S. Shorr, at Paragraph 6, Exhibit “A”].

DATED: November 23, 2011

GRAY • DUFFY, LLP

/s/ Matthew S. Shorr

By:

MATTHEW S. SHORR, Attorneys for Defendant, CONSOLIDATED CRANE & RIGGING, INC., a Texas corporation

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NOTICE OF REM OVAL OF ACTION UN DER 28 U.S.C. §1441(b)

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Document 1

Filed 11/23/11

Page 3 of 4

DECLARATION OF MATTHEW S. SHORR

I, MATTHEW S. SHORR, declare and state as follows:

1. I am an attorney at law licensed to practice before all courts of the State of

California, and am associated with the law firm of GRAY DUFFY, LLP, attorneys of record for

Defendant, CONSOLIDATED CRANE AND RIGGING, INC., a Texas corporation. I have

personal knowledge of the facts set forth in this Declaration and would and could competently

testify to those facts if called upon to do so.

2. Attached hereto and marked as Exhibit “A” is a true and correct copy of the

Summons and Complaint in the action named and styled, “Certain Underwriters at Lloyd’s of

London, etc. et. al. vs. Consolidated Crane & Rigging, Inc. etc., et. al., Case No. S-1500-CV-

274964, that I received upon my retention as counsel of record for Defendant, CONSOLIDATED

CRANE AND RIGGING, INC., in the above-referenced matter.

3. On November 28, 2011, Defendant, CONSOLIDATED CRANE AND RIGGING,

INC., George Turner, President of Defendant, CONSOLIDATED CRANE AND RIGGING, INC.,

executed a Notice and Acknowledgment of Receipt of the Summons and Complaint on behalf of

Defendant, CONSOLIDATED CRANE AND RIGGING, INC. Attached hereto and marked as

Exhibit “B” is a true and correct copy of said Notice and Acknowledgment of Receipt.

4. Attached hereto and marked as Exhibit “C” is a true and correct copy of the

Certificate of Filing for Defendant, CONSOLIDATED CRANE AND RIGGING, INC., indicating

said defendant was incorporated in the State of Texas.

5. Attached hereto and marked as Exhibit “D” is a true and correct copy of the

Declarations Page from the Policy of Insurance issued to TERRA-GEN POWER, LLC and others

with respect to the Alta I Project in Mojave, California, which forms the basis of the Plaintiffs’

underlying action for subrogation.

6. Within the Plaintiffs’ underlying action, marked as Exhibit “A,” Plaintiffs have

claimed damages in the amount of $1,103,308.74.

7. At the Declarations Page, Section A, (“Named Insured and Mailing Address”), the

subject Policy of Insurance provided as follows:

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NOTICE OF REM OVAL OF ACTION UN DER 28 U.S.C. §1441(b)

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Case 1:11-cv-01955-LJO-JLT

Document 1

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“TERRA-GEN POWER, LLC;

direct or indirect, affiliated or associated company, subsidiary

company or corporation or consultant, and/or any other contractor,

subcontractor or supplier for their on site activities only and/or any

company newly created or acquired by the named insured, co-

venturers of a joint venture for which the named insured is the

operator, and is contractually responsible to provide insurance,

and/or companies in which they have an insurable interest or

financial control.”

and/or any owned, controlled,

Defendant, CONSOLIDATED CRANE AND RIGGING, INC. contends that at all times

relevant, it was a co-insured and/or additional insured of the subject insurance policy, and that as

a result, the underlying Plaintiffs’ action for subrogation is barred under the Implied in Law Co-

Insured Doctrine. Counter-Claimant further contends it is entitled to defense and indemnity under

said insurance policy.

I declare under penalty of perjuryunder the laws of the State of California that the foregoing is true and correct, and that this Declaration was executed this 23 rd day of November, 2011. /s/ Matthew S. Shorr

MATTHEW S. SHORR, Declarant

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NOTICE OF REM OVAL OF ACTION UN DER 28 U.S.C. §1441(b)

Case 1:11-cv-01955-LJO-JLT

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Filed 11/23/11

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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Filed 11/23/11

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