Case 2:12-cv-01129-ILRL-DEK Document 1 Filed 05/02/12 Page 1 of 7

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

RITA VESICH VERSUS ACE AMERICAN INSURANCE COMPANY, HILTON RIVERSIDE, LLC, D/B/A HILTON NEW ORLEANS RIVERSIDE AND RIVERSIDE PARKING, HILTON WORLDWIDE, INC. INTERNATIONAL RIVERCENTER LESSEE, LLC, HILTON MANAGEMENT, LLC AND HILTON NEW ORLEANS

CIVIL ACTION NO. SECTION " MAGISTRATE DIV. ( ) " ,

To:

Plaintiff, Rita Vesich Through her Counsel of Record: Darla DAmico Frank J. DAmico, PLC 240 Fremaux Avenue Slidell, LA 70458

The Honorable Judges of the United States District Court Eastern District of Louisiana

NOTICE OF REMOVAL PLEASE TAKE NOTICE that pursuant to 28 U.S.C. 1332, 1441, and 1146, ACE American Insurance Company, Hilton Riverside, LLC (erroneously named as d/b/a Hilton New Orleans Riverside and Riverside Parking), Hilton Worldwide, Inc., International Rivercenter

454279_1.WPD

Page 1 of 7

Case 2:12-cv-01129-ILRL-DEK Document 1 Filed 05/02/12 Page 2 of 7

Lessee, LLC, Hilton Management, LLC and Hilton New Orleans, LLC (at times herein collectively Defendants), named defendants in that certain proceeding entitled, Rita Vesich v. ACE American Insurance Company, et al.," bearing Number 2012-02880 and pending in Division "A" of the Civil District Court for the Parish of Orleans, State of Louisiana, hereby remove that proceeding to the United States District Court, Eastern District of Louisiana. Copies of this Notice of Removal are being served upon Darla DAmico as counsel of record for plaintiff, Rita Vesich (plaintiff), and will promptly be filed with the Clerk of the aforesaid State Court, all in conformity with 28 U.S.C. 1446(d). Defendants appear for the purpose of removal only and for no other purpose and, reserving all rights and defenses, state as follows: 1. On March 22, 2012, plaintiff filed a Petition for Damages (the Petition) captioned Rita Vesich v. ACE American Insurance Company, et al., bearing Number 2012-02880 and pending in Division "A" of the Civil District Court for the Parish of Orleans, State of Louisiana, which Court is within the jurisdictional boundaries of the Eastern District of Louisiana. 2. Defendants, ACE American Insurance Company, Hilton Riverside, LLC, Hilton Worldwide, Inc. and Hilton Management, LLC were served with plaintiffs Petition on April 3, 2012, through their agent(s) for service of process, Corporation Service Company, 320 Somerulos St., Baton Rouge, La. and for ACE, the Louisiana Secretary of State. International Rivercenter Lessee, LLC was served on April 9, 2012 through its agent for service of process, Robert C. Carpenter and there is no record of returned service on Hilton New Orleans, L.L.C.

454279_1.WPD

Page 2 of 7

Case 2:12-cv-01129-ILRL-DEK Document 1 Filed 05/02/12 Page 3 of 7

3. Thirty (30) days have not passed since April 3, 2012, which is when Defendants first received, through service or otherwise, a copy of the initial filed pleadings setting forth the claim for relief upon which the action is based. This removal is, therefore, timely. 4. According to the allegations of the Petition, plaintiff seeks recovery of damages that allegedly arise from bodily injuries and emotional damages that plaintiff allegedly suffered from a trip and fall she alleges to have occurred while walking from an adjacent Hilton provided parking lot to the Hilton New Orleans Riverside Hotel, located at Two Poydras Street, New Orleans, Louisiana 70130. Plaintiff alleges that negligence on the part of and/or an unreasonable danger on the premises of the Defendants caused the alleged incident and damages. The nature of this action is more fully stated in the Petition for Damages, a copy of which is attached herewith. 5. Per her allegations, at the time of filing of said Petition for Damages and now, plaintiff is a person of the full age of majority domiciled in the Parish of Orleans, State of Louisiana and, therefore, a citizen of the State of Louisiana for diversity purposes. 6. At the time of filing of said Petition and now, defendant Hilton Riverside, LLC was and is a limited liability company. It is not a citizen of the State of Louisiana for diversity purposes, as its sole member through several layers of similarly organized LLCs is ultimately Hilton Worldwide, Inc., a Delaware corporation with its principal place of business in McLean, Virginia.

454279_1.WPD

Page 3 of 7

Case 2:12-cv-01129-ILRL-DEK Document 1 Filed 05/02/12 Page 4 of 7

7. At the time of the filing of said Petition and now, defendant Hilton Management, LLC was and is a limited liability company. It is not a citizen of the State of Louisiana for diversity purposes, as its sole member through several layers of similarly organized LLCs is ultimately Hilton Worldwide, Inc., a Delaware corporation with its principal place of business in McLean, Virginia. 8. At the time of the filing of said Petition and now, defendant Hilton New Orleans, LLC was and is a limited liability company. It is not a citizen of the State of Louisiana for diversity purposes, as its sole member through several layers of similarly organized LLCs is ultimately Hilton Worldwide, Inc., a Delaware corporation with its principal place of business in McLean, Virginia. 9. At the time of the filing of said Petition and now, defendant Hilton Worldwide, Inc. was and is a Delaware corporation with its principal place of business in McLean, Virginia. 10. At the time of the filing of said Petition and now, defendant ACE American Insurance Company is incorporated under the laws of Pennsylvania and has its principal place of business in Philadelphia, Pennsylvania. 11. At the time of the filing of said Petition and now, defendant International Rivercenter Lessee, LLC was and is a limited liability company. It is not a citizen of the State of Louisiana as

454279_1.WPD

Page 4 of 7

Case 2:12-cv-01129-ILRL-DEK Document 1 Filed 05/02/12 Page 5 of 7

its members are Hilton New Orleans, LLC (its citizenship for diversity purposes being set forth above) and HLT JV Acquisition, LLC, which for diversity purposes, has as its sole member through several layers of similarly organized LLCs, Hilton Worldwide, Inc., a Delaware corporation with its principal place of business in McLean, Virginia. 12. Although Defendants deny that plaintiff suffered damages, much less damages in an amount that exceeds the minimum amounts for the jurisdiction of this Court, plaintiff, through the allegations of the Petition, is claiming damages that place more than $75,000, exclusive of interest and costs, into controversy. Plaintiff alleges that she has sustained injuries to ...her left shoulder, left ankle, left foot, and injury to the nervous system and psyche, as well as emotional and mental distress. (See Paragraph 15 of the Petition). Plaintiff alleges that her injuries have ...required emergency hospital treatments, and ...medical care and attention, and she has been handicapped in her activities. (See Paragraph 16 of the Petition). Plaintiff also claims that her conditions have continued to worsen and/or become permanent and may be severe. (Ibid.) Finally, plaintiff has refused to stipulate that the amount in controversy is below $75,000, exclusive of interest and costs based on concerns as to the extent of the alleged injuries including a possible injury to her rotator cuff (although records are still being gathered). 13. Therefore, based upon plaintiffs allegations and the representations of plaintiffs counsel, the above-described action is one over which this Court has original jurisdiction under the provisions of 28 U.S.C. 1332, in that the amount in controversy allegedly exceeds the sum of $75,000, exclusive of interest and costs, and the controversy is wholly between citizens of

454279_1.WPD

Page 5 of 7

Case 2:12-cv-01129-ILRL-DEK Document 1 Filed 05/02/12 Page 6 of 7

different states. Pursuant to the provisions of 28 U.S.C. 1441, et seq., this case may be removed to the United States District Court for the Eastern District of Louisiana. 14. Pursuant to 28 U.S.C. 1446(a), defendants file herewith copies of all available processes, pleadings and orders served on the defendants (attached hereto as Exhibit "A"). WHEREFORE, defendants, ACE American Insurance Company, Hilton Riverside, LLC, Hilton Worldwide, Inc., International Rivercenter Lessee, LLC, Hilton Management, LLC and Hilton New Orleans, LLC, pray that this, their Notice of Removal, be accepted as good and sufficient and that the aforesaid Petition for Damages be removed from State Court into this Court for trial and determination as provided by law, and that this Court enter such orders and issue such process as may be proper to bring before it copies of all records and proceedings in said civil action from said state court, and thereupon proceed with this civil action as if it had been commenced originally in this Court. Respectfully submitted, PLAUCH MASELLI PARKERSON L.L.P.

/S/ George C. Drennan

G. BRUCE PARKERSON, T.A. (#1118) GEORGE C. DRENNAN (#28025) 701 Poydras, Suite 3800 New Orleans, Louisiana 70139-4240 Tel: (504) 582-1142; Fax: (504) 582-1142 E-Mail: bparkerson@pmpllp.com gdrennan@pmpllp.com Counsel for ACE American Insurance Company, Hilton Riverside, LLC, Hilton Worldwide, Inc., International Rivercenter Lessee, LLC, Hilton Management, LLC and Hilton New Orleans, LLC

454279_1.WPD

Page 6 of 7

Case 2:12-cv-01129-ILRL-DEK Document 1 Filed 05/02/12 Page 7 of 7

CERTIFICATE OF SERVICE I do hereby certify that this 2nd day of May, 2012, I electronically filed the foregoing with the Clerk of Court by using the CM/ECF system which, if they are subscribed, will send a notice of electronic filing to all counsel of record. I further certify that I have also served all counsel of record with a copy of the foregoing either by facsimile and/or placing same in the United States mail, properly addressed and postage prepaid.

/S/ George C. Drennan

454279_1.WPD

Page 7 of 7