Case 1:14-cv-00063-RLV Document 1 Filed 01/09/14 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION MORROW EQUIPMENT COMPANY, ) LLC, ) ) Plaintiff, ) ) ) CIVIL ACTION NO. v. ) ) JE DUNN CONSTRUCTION ) COMPANY, successor in interest to ) DUNN SOUTHEAST, INC.; DUNN ) SOUTHEAST, INC. d/b/a R.J. ) GRIFFIN & COMPANY; and ACE ) FIRE UNDERWRITERS INSURANCE ) COMPANY, ) ) Defendant. ) NOTICE OF REMOVAL ACE Fire Underwriters Insurance Company (hereinafter ACE), defendant in the above-styled matter, within the time prescribed by law and pursuant to 28 U.S.C. 1441, files this notice of removal, respectfully showing the Court as follows: 1. Plaintiff Morrow Equipment Company, LLC (hereinafter plaintiff) in the above-styled matter has filed a complaint against defendants ACE, JE Dunn

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Construction Company, successor in interest to Dunn Southeast, Inc. (hereinafter JE Dunn), and Dunn Southeast, Inc. d/b/a R.J. Griffin & Company (hereinafter Dunn Southeast) in the Superior Court of Fulton County, Georgia, which county is within the Northern District of Georgia and the Atlanta Division of this Court. The lawsuit is styled as above and is numbered as civil action file no. 2013cv240027. Plaintiff filed its first amended complaint on December 23, 2013. 2. In its first amended complaint, plaintiff has raised claims of breach of contract and breach of contract under O.C.G.A. 9-2-20(b) against ACE and seeks attorneys fees and expenses under O.C.G.A. 13-6-11. Plaintiff also has raised claims of conversion, breach of contract, and fraud against JE Dunn and Dunn Southeast and seeks attorneys fees and expenses. The damages claimed in the lawsuit exceed the sum or value of $75,000.00, exclusive of interest and costs. 3. Plaintiff is a limited liability company organized and existing under the laws of the State of Delaware, with its principal place of business located in Salem, Oregon. Upon information and belief, Christian Chalupny is the only member of Morrow Equipment Company, LLC, and he is a citizen and resident of the State of Oregon who resides at 3470 Deerfield Drive, Salem, Oregon 97302.

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4. ACE is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located in Philadelphia, Pennsylvania. At no time has ACE been organized and existing under the laws of the State of Georgia, nor at any time has its principal place of business been located in the State of Georgia. 5. JE Dunn is a corporation organized and existing under the laws of the State of Missouri, with its principal place of business located in Kansas City, Missouri. 6. Dunn Southeast merged with JE Dunn Construction Company on December 31, 2010. JE Dunn Construction Company is a corporation organized and existing under the laws of the State of Missouri, with its principal place of business located in Kansas City, Missouri. 7. The amount in controversy in this lawsuit exceeds the sum or value of $75,000.00, exclusive of interest and costs, and there is complete diversity of citizenship between plaintiff and all defendants. Accordingly, this case is subject to the original jurisdiction of this Court under 28 U.S.C. 1332, and this case may

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be removed to this Court pursuant to the provisions of 28 U.S.C. 1441 and 1446. 8. Plaintiff commenced this action on December 9, 2013, by filing a complaint in the Superior Court of Fulton County, Georgia. ACE was served with a copy of the summons and complaint on December 10, 2013 by certified mail to ACE Groups offices in Alpharetta, Georgia. 9. This notice of removal is being filed within thirty (30) days of service of plaintiffs complaint on ACE. 10. Attached to this notice of removal as Exhibit 1 are true and correct copies of plaintiffs complaint, first amended complaint, and all summons, process and other pleadings served upon defendant ACE in this case, as required by 28 U.S.C. 1446(a). 11. Defendants JE Dunn Construction Company and Dunn Southeast, Inc. consent to the removal of this case to federal court. Attached as Exhibit 2 to this

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notice of removal is the written consent to removal signed by counsel for JE Dunn Construction Company and Dunn Southeast, Inc. 12. ACE has given written notice of the filing of this notice of removal to plaintiff by mailing a copy of this notice to its attorneys of record, Curtis J. Romig and James J. Gibson, Bryan Cave, LLP, One Atlantic Center, 14th Floor, 1201 West Peachtree Street, N.W., Atlanta, Georgia 30309. 13. In compliance with 28 U.S.C. 1446(d), defendant ACE has given written notice of the filing of this notice of removal to Cathelene Robinson, Clerk of Court, Superior Court of Fulton County, 136 Pryor Street, Room C155, Atlanta, Georgia 30303, a copy of which is attached to this notice of removal as Exhibit 3. WHEREFORE, defendant ACE Fire Underwriters Insurance Company respectfully prays that the above-captioned lawsuit be removed to the United States District Court for the Northern District of Georgia, Atlanta Division. Respectfully submitted this 9th day of January, 2014. /s/Wayne D. Taylor WAYNE D. TAYLOR Georgia Bar No. 701275
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MICHELLE A. SHERMAN Georgia Bar No. 835980 MOZLEY, FINLAYSON & LOGGINS, L.L.P. One Premier Plaza, Suite 900 5605 Glenridge Drive Atlanta, Georgia 30342 Tel: (404) 256-0700 Fax: (404) 250-9355 wtaylor@mfllaw.com msherman@mfllaw.com Attorneys for Defendant ACE Fire Underwriters Insurance Company

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION MORROW EQUIPMENT COMPANY, ) LLC, ) ) Plaintiff, ) ) ) CIVIL ACTION NO. v. ) ) JE DUNN CONSTRUCTION ) COMPANY, successor in interest to ) DUNN SOUTHEAST, INC.; DUNN ) SOUTHEAST, INC. d/b/a R.J. ) GRIFFIN & COMPANY; and ACE ) FIRE UNDERWRITERS INSURANCE ) COMPANY, ) ) Defendant. ) CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing DEFENDANT ACE FIRE UNDERWRITERS INSURANCE COMPANYS NOTICE OF

REMOVAL using the Courts CM/ECF System and served a true and correct copy of same via U.S. Mail, postage prepaid, on the following counsel of record: Curtis J. Romig James J. Gibson Bryan Cave, LLP One Atlantic Center, 14th Floor 1201 West Peachtree Street, N.W.

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Atlanta, Georgia 30309 Attorneys for Plaintiff Morrow Equipment Company, LLC Kevin H. Hudson Hudson Parrott Walker, LLC Fifteen Piedmont Center 3575 Piedmont Road, Suite L100 Atlanta, Georgia 30305 Attorney for Defendants JE Dunn Construction Company and Dunn Southeast, Inc. I further certify that, pursuant to Rule 5.1(C) of the Local Rules of the United States District Court for the Northern District of Georgia, I prepared this document in 14 point Times New Roman font and complied with the margin and type requirements of this Court. This 9th day of January, 2014. /s/Wayne D. Taylor WAYNE D. TAYLOR Georgia Bar No. 701275