Ashenden v. Lloyd's of London

934 F. Supp. 992, 1996 U.S. Dist. LEXIS 11144, 1996 WL 446786
CourtDistrict Court, N.D. Illinois
DecidedAugust 2, 1996
Docket96 C 0852
StatusPublished
Cited by5 cases

This text of 934 F. Supp. 992 (Ashenden v. Lloyd's of London) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ashenden v. Lloyd's of London, 934 F. Supp. 992, 1996 U.S. Dist. LEXIS 11144, 1996 WL 446786 (N.D. Ill. 1996).

Opinion

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

The plaintiffs in this action are current or former members (“Names”) of Lloyd’s of London — investors in insurance syndicates operating in the marketplace controlled by Lloyd’s. This action is one of many arising from the recruitment of U.S. investors into Lloyd’s during the roaring 1980s at a time when Lloyd’s financial health was faltering due to many syndicates’ underwriting of “long tail” risks — risks in which liability for an insured’s earlier actions may surface years after those actions were taken (and years after the insurance policies covering those actions were written), e.g., asbestos- or pollution-related liability. The lawsuits between Lloyd’s and its U.S. investors typically involve either Lloyd’s efforts to collect funds to make good on the risks underwritten by those investors, or the investors’ claims that Lloyd’s fraudulently withheld information about the extent of the long-tail risks from them. This suit is in the latter category.

*994 On December 28, 1995, the plaintiffs commenced this action against Lloyd’s and several of its member’s agents in the Circuit Court of Cook County, Illinois, alleging violations of the Illinois Securities Act and the Illinois Consumer Fraud and Deceptive Business Practices Act. On February 14, 1996, Lloyd’s removed the action from the Cook County Circuit Court to the United States Distiict Court for the Northern District of Illinois pursuant to 28 U.S.C. §§ 1332 and 1441. On March 21, 1996, the plaintiffs moved this Court to remand the action to the Circuit Court or, in the alternative, to abstain from hearing this case until an administrative proceeding brought by the Illinois Securities Department against the same defendants is resolved. For the following reasons, we hold that this Court has jurisdiction, deny the plaintiffs’ motion for remand, and decline to abstain and stay this case.

ANALYSIS

I. Remand

The sole question in deciding a motion to remand is the district court’s authority to hear the case under the relevant removal statute. See Commonwealth Edison Co. v. Westinghouse Elec. Co., 759 F.Supp. 449, 451 (N.D.Ill.1991). The applicable statute here, 28 U.S.C. § 1441(a), states that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants.” 28 U.S.C. § 1441(a) (1996). The party attempting to preserve the removal has the burden of showing that the requirements of removal have been met. See Jones v. General Tire & Rubber Co., 541 F.2d 660, 664 (7th Cir.1976). The case should be remanded if there is doubt to the right of removal. Id.

The removability of a case is determined from the record as a whole. See Kennedy v. Commercial Carriers, Inc., 739 F.Supp. 406, 409 (N.D.Ill.1990) (citing Oglesby v. RCA Corp., 752 F.2d 272, 277-78 (7th Cir.1985)). Therefore, the Court considers affidavits and other party submissions in determining whether or not it has jurisdiction over this case.

In seeking remand, the plaintiffs make two arguments: first, that the defendants’ removal petition was untimely; and second, that removal was not proper because this Court does not have original jurisdiction over this suit. We address each argument in turn.

A. Timeliness of the Removal Petition

Under 28 U.S.C. § 1446(b), the removal statute, a defendant seeking to remove a case to federal court must file a removal petition within thirty days after receiving the complaint “through service or otherwise.” 28 U.S.C. § 1446(b) (1996). Here, Lloyd’s filed its petition to remove on February 14, 1996, less than thirty days from January 16, 1996, the day it says it first got the complaint. The plaintiffs claim that the petition is untimely because Lloyd’s actually received the complaint before January 16.

The plaintiffs assert that Lloyd’s received the complaint on January 11, 1996, through its agent, the Chicago law firm of Peterson & Ross. Peterson & Ross represents various syndicates that operate in Lloyd’s insurance marketplace, which are often sued mistakenly under the name “Lloyd’s of London.” Accordingly, Peterson & Ross docket clerks routinely copy pleadings naming “Lloyd’s of London,” and they did so here, copying the complaint in this case on January 11. Lloyd’s has submitted, however, and the plaintiffs have not refuted, that Peterson & Ross does not represent Lloyd’s of London itself (the defendant in this lawsuit), only various Lloyd’s syndicates. The two are legally distinct, and the plaintiffs have presented no evidence that the syndicates or their attorneys are the agents of Lloyd’s for the service of process. In addition, an attorney at Peterson & Ross has testified by way of affidavit that Peterson & Ross did not forward the complaint to Lloyd’s itself, or to Lloyd’s Chicago lawyers, the law firm of Lord, Bissell & Brook. The plaintiffs’ assertion that Lloyd’s received the complaint through Peterson & Ross has been refuted and their untimeliness argument must fail. 1

*995 B. Diversity Jurisdiction

The plaintiffs’ second argument, that Lloyd’s is a citizen of Illinois and thus there is no federal diversity jurisdiction, requires more attention. In removing this case to federal court, Lloyd’s cited 28 U.S.C. § 1332 (diversity jurisdiction) as the jurisdictional basis for removal. We now consider whether this jurisdictional basis is indeed present here.

The original jurisdiction of federal district courts under § 1332 is limited to cases between, inter alia, citizens of different states, or of a state and a foreign state, in which the “matters in controversy exceed[] $50,000.” 28 U.S.C. § 1332(a)(1)-(a)(2) (1996). Section 1332 has been interpreted to require “complete diversity,” that is, each and every defendant must have different citizenship from each and every plaintiff. Carden v. Arkoma Assocs., 494 U.S. 185, 187 (1990) (citing Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 2 L.Ed. 435 (1806)).

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Bluebook (online)
934 F. Supp. 992, 1996 U.S. Dist. LEXIS 11144, 1996 WL 446786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashenden-v-lloyds-of-london-ilnd-1996.