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D.E. 1 NOTICE of REMOVAL From Civil District Court, Orleans Parish, Case Number 2012-02880

D.E. 1 NOTICE of REMOVAL From Civil District Court, Orleans Parish, Case Number 2012-02880

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Published by: ACELitigationWatch on May 07, 2012
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04/22/2014

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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF LOUISIANARITA VESICHVERSUSACE AMERICAN INSURANCECOMPANY, HILTON RIVERSIDE,LLC, D/B/A HILTON NEW ORLEANSRIVERSIDE AND RIVERSIDEPARKING, HILTON WORLDWIDE,INC. INTERNATIONALRIVERCENTER LESSEE, LLC,HILTON MANAGEMENT, LLC ANDHILTON NEW ORLEANSCIVIL ACTION NO.SECTION " "MAGISTRATE ,DIV. ( )
To:Plaintiff, Rita VesichThrough her Counsel of Record:Darla D’AmicoFrank J. D’Amico, PLC240 Fremaux AvenueSlidell, LA 70458The Honorable Judges of theUnited States District CourtEastern District of Louisiana
NOTICE OF REMOVAL
PLEASE TAKE NOTICE that pursuant to 28 U.S.C. §§ 1332, 1441, and 1146, ACEAmerican Insurance Company, Hilton Riverside, LLC (erroneously named as “d/b/a Hilton NewOrleans Riverside and Riverside Parking”), Hilton Worldwide, Inc., International Rivercenter Page 1 of 7
454279_1.WPD
Case 2:12-cv-01129-ILRL-DEK Document 1 Filed 05/02/12 Page 1 of 7
 
Lessee, LLC, Hilton Management, LLC and Hilton New Orleans, LLC (at times hereincollectively “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 D’Amico as counsel of record for plaintiff, Rita Vesich (“plaintiff”), and will promptly be filed with the Clerk of theaforesaid 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 asfollows:1.On March 22, 2012, plaintiff filed a Petition for Damages (the “Petition”) captioned “
 RitaVesich v. ACE American Insurance Company, et al.
,” bearing Number 2012-02880 and pendingin Division "A" of the Civil District Court for the Parish of Orleans, State of Louisiana, whichCourt is within the jurisdictional boundaries of the Eastern District of Louisiana.2.Defendants, ACE American Insurance Company, Hilton Riverside, LLC, HiltonWorldwide, Inc. and Hilton Management, LLC were served with plaintiff’s Petition on April 3,2012, through their agent(s) for service of process, Corporation Service Company, 320Somerulos St., Baton Rouge, La. and for ACE, the Louisiana Secretary of State. InternationalRivercenter 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.Page 2 of 7
454279_1.WPD
Case 2:12-cv-01129-ILRL-DEK Document 1 Filed 05/02/12 Page 2 of 7
 
3.Thirty (30) days have not passed since April 3, 2012, which is when Defendants firstreceived, through service or otherwise, a copy of the initial filed pleadings setting forth the claimfor 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 thatallegedly arise from bodily injuries and emotional damages that plaintiff allegedly suffered from atrip and fall she alleges to have occurred while walking from an adjacent Hilton provided parkinglot 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 onthe premises of the Defendants caused the alleged incident and damages. The nature of this actionis 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 isa limited liability company. It is not a citizen of the State of Louisiana for diversity purposes, asits sole member through several layers of similarly organized LLC’s is ultimately HiltonWorldwide, Inc., a Delaware corporation with its principal place of business in McLean, Virginia.Page 3 of 7
454279_1.WPD
Case 2:12-cv-01129-ILRL-DEK Document 1 Filed 05/02/12 Page 3 of 7

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