Case 5:13-cv-03122

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION KLARISSA GRAVES VERSUS ACE AMERICAN INSURANCE COMPANY, HAAS & WILKERSON INSURANCE COMPNAY, INC., SKY ATTRACTIONS, LLC, MCDONAGH AMUSEMENTS, INC., and KMG B.V., INC. 6 DOCKET NO. JUDGE:

MAGISTRATE:

DEFENDANTS' NOTICE OF REMOVAL COMES NOW into court, through undersigned counsel SKY ATTRACTIONS, LLC, a Michigan corporation, defendant herein, who respectfully represents: 1. Defendant received notice of plaintiff s captioned lawsuit within less than 30 days of this filing. 2. Plaintiff alleges personal injury, including scarring and disfigurement, loss of enjoyment of life, past and future medical expenses, past and future lost wages, past and future physical pain and suffering, and past and future mental anguish distress and suffering. Plaintiff claims she has been hospitalized multiple days with multiple fractures and a torn spleen. She claims she may require future surgery. Plaintiff is claiming her damages are excess of $75,000, exclusive of interests and costs.

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Plaintiff is alleged to be a resident and domiciliary of Bossier Parish, Louisiana. 4. Defendant, Sky Attractions, LLC, is a Michigan corporation, whose corporate headquarters and principal place of business is in the State of Michigan. McDonagh

Amusements is a d/b/a name for Sky Attractions, LLC. Its members are all citizens of Michigan. 5. Also named as defendant herein is ACE American Insurance Company. ACE American Insurance Company is a Pennsylvania corporation. Its citizenship is deemed the same as its insured, Sky Attractions, LLC, pursuant to 28 U.S.C. 1441(c). 6. Johan Small, Johann Petrus Smit, and Kieran Matthew Fouries are all also named as defendants. On information and belief, Small, Smit and Fouries are all citizens of the Republic of South Africa, and were sued in their respective capacities as employees of Sky Attractions. Small, Smit and Fouries have not been served. 7. KMG B.V., Inc. is also named as defendant herein. On information and belief, KMG B.V., Inc. is an alien corporation with its domicile in the Netherlands. On information and belief it is unserved.

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8. Haas & Wilkerson, Inc. was also named, but has been dismissed. In any event, on information and belief, Haas & Wilkerson, Inc. is a Kansas corporation with it principal place of business in the State of Kansas. 9. There is complete diversity between plaintiff Klarissa Graves and all named defendants. 10. Defendant Sky Attractions, LLC, shows it is entitled to remove this suit from the First Judicial District Court for Caddo Parish, Louisiana to the United States District Court for the Western District of Louisiana pursuant to the provisions of 28 U.S.C. 1332 and 1441. 11. The only other served defendant, ACE American Insurance Company, consents to removal. 12. Upon filing this notice of removal, counsel for appearer will give written notice to plaintiffs counsel and provide a copy of the notice of removal to the Clerk of Court for the First Judicial District Court of Caddo Parish, Louisiana. WHEREFORE, defendant Sky Attractions, LLC prays that this Notice of Removal be filed, and that the suit entitled Klarissa Graves v. ACE American Insurance Company, Haas & Wilkerson Insurance Company, Inc., SIcy Attractions, LLC, McDonagh Amusements, Inc. and K&4G B. V., Inc., number 571,254-A, First Judicial District Court of Caddo Parish, Louisiana, be removed to the United States District Court for the Western District of Louisiana and that the

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First Judicial District Court for Caddo Parish, Louisiana proceed no further herein unless the case is subsequently remanded. Respectfully submitted, MAYER, SMITH & ROBERTS, L.L.P. /s/ Steven E. Soileau Steven E. Soileau, Bar No. 17150 Marcus E. Edwards, Bar. No. 33113 1550 Creswell Avenue Shreveport, LA 71101 (318) 222-2135 Telephone (318) 222-6420 Facsimile

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above pleading was filed electronically with the Cleric of Court using the CM/ECF system and will be sent to all Icnown counsel of record by operation of the court's electronic filing system, e-mail, or by placing same in the United States Mail, properly addressed and with adequate postage prepaid thereon. Shreveport, Caddo Parish, Louisiana, this 22nd day of November, 2013.

/s/ Steven E. Soileau OF COUNSEL