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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
BAY CITY
HOME OWNERS INSURANCE
COMPANY, a/s/o DANIEL CULLIP
and JOANN CULLIP,
CASE NO.
Plaintiff,
vs.
ADT LLC, d/b/a ADT SECURITY
SERVICES; and ACE SECURITY
SYSTEMS, INC., d/b/a ASC SECURITY
USA,
Defendants.
/
NOTICE OF REMOVAL
Pursuant to 28 U.S.C. 1446, Defendants ADT LLC, d/b/a ADT Security Services
(ADT), and ACE Security Systems, Inc., d/b/a ASC Security USA (ACE), file this Notice of
Removal to remove this civil action from the 34th Circuit Court for Roscommon County,
Michigan, wherein it was filed as Case No. 14-722257-CZ1, to the United States District Court,
Eastern District of Michigan, Bay City, and show unto this Honorable Court as follows:
1.

On or about December 26, 2014, Plaintiff Home Owners Insurance Company,

a/s/o Daniel Cullip and Joann Cullip (Plaintiff) filed a Complaint (Complaint) in the 34th
Circuit Court for Roscommon County, Michigan, in the civil action styled Home Owners
Insurance Company, a/s/o Daniel Cullip and Joann Cullip vs. ADT LLC, d/b/a ADT Security
Services; and ACE Security Systems, Inc., d/b/a ASC Security USA, Case No. 14-122257-CZ1
(State Court Action). A true and correct copy of all process and pleadings served upon ADT

The Clerk in the State Court Action advises that the correct case number is: 14-122257-CZ,
and not 14-122256-CZ as indicated on the face of the initial pleadings.

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and ACE is attached hereto as Exhibit A and incorporated herein by reference. The Complaint
alleges tort claims arising from property damage sustained as a result of a burst water pipe that
occurred at subrogors residence located at 134 Surfside Drive, Roscommon, Michigan 48653.
Plaintiff alleges claims for breach of contract, breach of warranty, violation of the Michigan
Consumer Protection Act, and fraud. See Complaint.
2.

ADT first received notice of Plaintiffs State Court Action through its receipt of a

copy of the Summons and Complaint that was served upon ADT on March 5, 2015.
3.

ACE first received notice of Plaintiffs State Court Action through its receipt of a

copy of the Summons and Complaint that was served upon ACE on March 26, 2015.
4.

Pursuant to 28 U.S.C. 1332, there is now complete diversity between Plaintiff

and Defendants ADT and ACE and, upon information and belief, the amount in controversy
exceeds the sum or value of $75,000, exclusive of interest and costs.
5.

This Notice of Removal is filed timely. Pursuant to 28 U.S.C. 1446(b), the

notice is filed within thirty (30) days of receipt by ADT of the initial pleading setting forth the
claim for relief upon which such action or proceeding is based.
DIVERSITY OF CITIZENSHIP
6.

Complete diversity of citizenship exists between the parties.

7.

Upon information and belief, Plaintiff is Michigan stock insurance company

conducting business in Roscommon County, Michigan. See Complaint, 1.

8.

Subrogors Daniel Cullip and Joann Cullip (Subrogors) are husband and wife

who own real property in Roscommon County, Michigan. See Complaint, 2.

9.

Defendant ADT is a limited liability company. The citizenship of a limited

liability company is determined by the citizenship of its members. See Delay v. Rosenthal
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Collins Grp., LLC, 585 F.3d 1003, 1005 (6th Cir. 2009). ADTs sole member is ADT US
Holdings, Inc., a Delaware corporation with its principal place of business located in Boca
Raton, Florida. Pursuant to 28 U.S.C. 1332(c)(1), ADT US Holdings, Inc., is a citizen of
Delaware and Florida. ADT is therefore a citizen of Delaware and Florida. ADT is not, and was
not at the time of the filing, a citizen of the State of Michigan within the meaning of the Acts of
Congress relating to the removal of actions. 28 U.S.C. 1332(c)(1).
10.

Defendant ACE is a California corporation with a principal place of business in

Riverside, California.
THE AMOUNT IN CONTROVERSY EXCEEDS $75,000
11.

Plaintiff states claims for damages in excess of $250,000.00. See Complaint, 35.

12.

Based upon Plaintiffs allegations, the amount of controversy in this action,

exclusive of interest and costs, exceeds $75,000.00, the requisite amount in controversy for
purposes of diversity jurisdiction under 28 U.S.C. 1332(a).
THE OTHER REMOVAL PREREQUISITES HAVE BEEN SATISFIED
13.

A copy of this Notice of Removal is being filed with the Clerk of the Court in the

State Court Action, as provided by law, and written notice of such is being sent to Plaintiffs
counsel.
14.

The prerequisites for removal under 28 U.S.C. 1441 have been met.

15.

The allegations of this Notice are true and correct and within the jurisdiction of

this Court, and this cause is removable to this Court.

16.

If any question arises as to the propriety of the removal of this action, ADT and

ACE respectfully request the opportunity to present a brief and oral argument in support of the
position that this case is removable.

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WHEREFORE, ADT and ACE, desiring to remove this case to the United States District
Court, Eastern District of Michigan, Bay City, being the district and division of said Court for
the county in which said action is pending, pray that the filing of this Notice of Removal shall
effect the removal of said suit to this Court.
Dated this 2nd day of April, 2015.
Respectfully submitted,
SHOOK, HARDY & BACON LLP

By: /s/ Aaron K. Kirkland

Aaron K. Kirkland
2555 Grand Boulevard
Kansas City, MO 64108
Telephone: 816-474-6550
Facsimile: 816-421-5547
akirkland@shb.com

Attorneys for Defendants

ADT LLC, d/b/a ADT Security Services;
and ACE Security Systems, Inc.,
d/b/a ASC Security USA

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 2nd day April, 2015, the foregoing was
presented to the Clerk of Court for filing and uploading to the CM/ECF system, and delivered
via electronic and U.S. Mail to the following counsel of record:
John M. Freel (P46217)
FREEL P.C.
540 West Lake Street, Suite 2
Tawas City, Michigan 48763
Telephone: (989) 362-3444
john@freelpc.com
Attorneys for Plaintiff
Home Owners Insurance Company, a/s/o
Daniel Cullip and Joann Cullip
/s/ Aaron K. Kirkland
Aaron K. Kirkland

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