Case 5:20-cv-01104-HE Document 1 Filed 10/30/20 Page 1 of 8
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF OKLAHOMA
`
`CASE NO.
`
`CIV-20-1104-HE
`
`(1) JOHN CRAIG FIRST a/k/a CRAIG
`FIRST and
`(2) LACEY FIRST, Individually and as
`Husband and Wife, and
`(3) FIRST FARMS and TRUCKING,
`LLC,
`
`Plaintiffs,
`
`v.
`
`(1) AGCO CORPORATION;
`(2) AGCO SERVICE, a Subsidiary of
`AGCO CORPORATION;
`(3) AGCO FINANCE, LLC, a
`Subsidiary of AGCO CORPORATION;
`(4) AMTRUST FINANCIAL
`SERVICES;
`(5) WESCO INSURANCE COMPANY
`a division and/or Subsidiary of
`AMTRUST FINANCIAL SERVICES;
`(6) AMT WARRANTY CORP., a
`division and/or Subsidiary of
`AMTRUST FINANCIAL SERVICES;
`and
`(7) ROLLING PLAINS IMPLEMENT
`COMPANY., INC.;
`
`Defendants.
`
`NOTICE OF REMOVAL
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`Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, Defendants AGCO Corporation
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`and AGCO Service, hereby remove this action from the District Court of Oklahoma
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`County, State of Oklahoma, to the United States District Court for the Western District of
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`Oklahoma. As described below, this Court has subject matter jurisdiction over the claims
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF OKLAHOMA
`
`CASE NO.
`
`CIV-20-1104-HE
`
`(1) JOHN CRAIG FIRST a/k/a CRAIG
`FIRST and
`(2) LACEY FIRST, Individually and as
`Husband and Wife, and
`(3) FIRST FARMS and TRUCKING,
`LLC,
`
`Plaintiffs,
`
`v.
`
`(1) AGCO CORPORATION;
`(2) AGCO SERVICE, a Subsidiary of
`AGCO CORPORATION;
`(3) AGCO FINANCE, LLC, a
`Subsidiary of AGCO CORPORATION;
`(4) AMTRUST FINANCIAL
`SERVICES;
`(5) WESCO INSURANCE COMPANY
`a division and/or Subsidiary of
`AMTRUST FINANCIAL SERVICES;
`(6) AMT WARRANTY CORP., a
`division and/or Subsidiary of
`AMTRUST FINANCIAL SERVICES;
`and
`(7) ROLLING PLAINS IMPLEMENT
`COMPANY., INC.;
`
`Defendants.
`
`NOTICE OF REMOVAL
`
`Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, Defendants AGCO Corporation
`
`and AGCO Service, hereby remove this action from the District Court of Oklahoma
`
`County, State of Oklahoma, to the United States District Court for the Western District of
`
`Oklahoma. As described below, this Court has subject matter jurisdiction over the claims
`
`
`
`Case 5:20-cv-01104-HE Document 1 Filed 10/30/20 Page 2 of 8
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`alleged in this case, and the procedural requirements of removal have been satisfied.
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`Therefore, this case is properly removed to this Court.
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`Procedural History
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`1.
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`On or about September 17, 2020, Plaintiffs John Craig First (“Craig First”),
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`Lacey First (“Lacey First”), and First Farms and Trucking, LLC (“First Farms”,
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`collectively the “Plaintiffs”) filed a Petition (the “Petition”) against AGCO Corporation
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`and AGCO Service (collectively, “AGCO”), AGCO Finance, LLC (“AFF”), Amtrust
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`Financial Services (“Amtrust”), Wesco Insurance Company (“Wesco”), AMT Warranty
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`Corp. (“AMT”), and Rolling Plains Implement Company, Inc. (“Rolling Plains”), in the
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`District Court of Oklahoma County, State of Oklahoma, Case No. CJ-2020-4427 (the
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`“State Court Action”). Pursuant to 28 U.S.C. §1446(a), attached hereto as Exhibit 1 are
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`true and correct copies of all process, pleadings, and orders served upon AGCO in the State
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`Court Action.
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`2.
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`The Petition was served on the registered agent for AGCO on October 2,
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`2020. AGCO filed a Special Entry of Appearance and Reservation of Time in which to
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`Further Answer or Plead on October 16, 2020. Other than its Special Entry of Appearance,
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`AGCO has not filed any pleadings in the State Court Action. However, in accordance with
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`28 U.S.C. § 1446(d), a copy of this Notice will be filed in the State Court Action.
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`Grounds for Removal
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`3.
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`Pursuant to 28 U.S.C. § 1332(a), this Court has diversity jurisdiction over
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`this suit because there is complete diversity of citizenship between Plaintiffs and
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`Defendants AGCO, AFF, Amtrust, Wesco, AMT, and Rolling Plains, and because the
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`2
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`Case 5:20-cv-01104-HE Document 1 Filed 10/30/20 Page 3 of 8
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`amount in controversy, exclusive of interest and costs, exceeds $75,000. In addition,
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`pursuant to 28 U.S.C. § 1441, et seq., this case is properly removable.
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`A. Citizenship of the Parties
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`4.
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`Craig First alleges in the Petition that he is an individual residing in
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`Davidson, Oklahoma (see Pls.’ Pet., ¶ 1) and thus a citizen of the State of Oklahoma for
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`the purposes of determining diversity jurisdiction. See Crowley v. Glaze, 710 F.2d 676,
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`678 (10th Cir. 1983) (“For purposes of diversity jurisdiction under 28 U.S.C. § 1332(a)(1),
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`state citizenship is the equivalent of domicile.”)
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`5.
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`Lacey First alleges in the Petition that she is an individual residing in
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`Davidson, Oklahoma (see Pls.’ Pet., ¶ 1) and thus a citizen of the State of Oklahoma for
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`the purposes of determining diversity jurisdiction. See Crowley 710 F.2d at 678.
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`6.
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`First Farms is a limited liability company organized and existing under the
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`laws of the State of Missouri with its principal place of business in Polo, Missouri. Attached
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`hereto as Exhibit 2 are true and correct copies of the Articles of Organization and
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`Certificate of Organization of First Farms from the Secretary of State of the State of
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`Missouri dated October 10, 2009 and October 13, 2009, respectively. According to the
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`Petition, First Farms’ members are Craig First and Lacey First—both citizens of Oklahoma
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`for determining diversity jurisdiction. (See Pls.’ Pet., ¶ 2.) Therefore, for the purposes of
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`determining diversity jurisdiction, First Farms is a citizen of Missouri and Oklahoma. See
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`Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015)
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`(“Like every other circuit to consider this question, this court concludes an LLC, as an
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`unincorporated association, takes the citizenship of all its members.”)
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`Case 5:20-cv-01104-HE Document 1 Filed 10/30/20 Page 4 of 8
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`7.
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`AGCO1 is a corporation organized and existing under the laws of the State
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`of Delaware with its principal place of business in Duluth, Georgia. Therefore, for purposes
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`of determining diversity jurisdiction, AGCO is a citizen of Delaware and Georgia. See 28
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`U.S.C. § 1332(c)(1).
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`8.
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`AFF is a limited liability company organized and existing under the laws of
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`the State of Delaware with its principal place of business in Des Moines, Iowa. AFF has
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`two members: Defendant AGCO and De Lage Landen Finance, Inc., a Delaware
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`corporation with its principal place of business in Wayne, Pennsylvania. Therefore, for
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`purposes of determining diversity jurisdiction, AFF is a citizen of Delaware, Iowa,
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`Georgia, and Pennsylvania. See Siloam, 781 F.3d at 1234; 28 U.S.C. § 1332(c)(1).
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`9.
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`Amtrust2 is a corporation organized and existing under the laws of the State
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`of Delaware with its principal place of business in New York, New York. Therefore, for
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`purposes of determining diversity jurisdiction, Amtrust is a citizen of Delaware and New
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`York. See 28 U.S.C. § 1332(c)(1).
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`10. Wesco is a corporation organized and existing under the laws of the State of
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`Delaware with its principal place of business in New York, New York. Therefore, for
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`purposes of determining diversity jurisdiction, Wesco is a citizen of Delaware and New
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`York. See 28 U.S.C. § 1332(c)(1).
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`11. AMT is a corporation organized and existing under the laws of the State of
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`Delaware with its principal place of business in Bedford, Texas. Therefore, for purposes of
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`1 AGCO Service is a division of AGCO, and is not a separate entity.
`2 Upon information and belief, Plaintiffs improperly named “Amtrust Financial Services” as a Defendant. The
`correct entity name is Amtrust Financial Services, Inc.
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`4
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`Case 5:20-cv-01104-HE Document 1 Filed 10/30/20 Page 5 of 8
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`determining diversity jurisdiction, AMT is a citizen of Delaware and Texas. See 28 U.S.C.
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`§ 1332(c)(1).
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`12. Rolling Plains is a corporation organized and existing under the laws of the
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`State of Texas with its principal place of business in Texas. Therefore, for purposes of
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`determining diversity jurisdiction, Rolling Plains is a citizen of Texas. See 28 U.S.C. §
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`1332(c)(1).
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`13.
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`Therefore, complete diversity of citizenship exists between Plaintiffs and
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`Defendants.
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`B. Amount in Controversy
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`14.
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`Plaintiffs’ Petition seeks actual and punitive damages in an amount “in
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`excess of that required for federal diversity jurisdiction,” as well as costs and attorney’s
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`fees in an unspecified amount. (See e.g. Pls.’ Pet., p. 23.) Although AGCO denies that
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`Plaintiffs are entitled to any relief whatsoever, the Petition states on its face that the “matter
`
`in controversy” exceeds the $75,000 jurisdictional threshold set forth in 28 U.S.C. §
`
`1332(a).
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`The Procedural Requirements for Removal Have Been Satisfied
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`15. AGCO is timely filing this Notice of Removal within thirty (30) days of
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`service of the Summons and Petition. 28 U.S.C. § 1446(b) and (c)(1).
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`16. Because Plaintiffs and Defendants AGCO, AFF, Amtrust, Wesco, AMT, and
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`Rolling Plains are completely diverse and the amount in controversy, exclusive of interest
`
`and costs, exceeds the amount required for federal jurisdiction ($75,000), this Court has
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`original jurisdiction of this action pursuant to 28 U.S.C. § 1332(a). Further, no defendant
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`5
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`Case 5:20-cv-01104-HE Document 1 Filed 10/30/20 Page 6 of 8
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`is a citizen of Oklahoma, the state where the State Court Action was originally brought.
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`Therefore, this action is properly removable pursuant to 28 U.S.C. § 1441(a). AGCO has
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`complied with the procedural requirements for removal.
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`17.
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`The Western District of Oklahoma is the federal judicial district embracing
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`Oklahoma County, Oklahoma, where the State Court Action was originally filed. See 28
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`U.S.C. § 116(c). Venue, therefore, is proper in this District pursuant to 28 U.S.C. § 1441(a).
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`18. After filing this Notice of Removal, AGCO will promptly serve written
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`notice of this Notice of Removal on counsel for all parties in accordance with 28 U.S.C. §
`
`1446(d).
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`19. All properly joined and served Defendants consent to removal of this matter.
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`See Exhibit 3.
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`20.
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`Pursuant to LCvR 81.2(a), a copy of the state court docket sheet is attached
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`hereto as Exhibit 4.
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`Non-Waiver of Defenses
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`21. By removing this action, AGCO does not waive any defenses available to it
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`in this action.
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`22. By removing this action, AGCO does not admit any of the allegations
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`contained in the Petition.
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`WHEREFORE, AGCO removes the above-captioned action from the District Court
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`of Oklahoma County, State of Oklahoma to the United States District Court for the Western
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`District of Oklahoma.
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`Respectfully submitted this 30th day of October, 2020.
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`Case 5:20-cv-01104-HE Document 1 Filed 10/30/20 Page 7 of 8
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`Respectfully submitted,
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` /s/ Patrick H. Lane
`David Morse, OBA #6449
`Patrick H. Lane, OBA #30885
`Jordan M. LePage, OBA #32446
`BALL | MORSE | LOWE
`531 Couch Dr., Suite 201
`Oklahoma City, Oklahoma 73102
`Telephone: (405) 701-5355
`Facsimile: (405) 701-2830
`Email: dmorse@ballmorselowe.com
`Email: plane@ballmorselowe.com
`Email: jlepage@ballmorselowe.com
`Attorneys for Defendants,
`AGCO Corporation and AGCO
`Service
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`Case 5:20-cv-01104-HE Document 1 Filed 10/30/20 Page 8 of 8
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 30th day of October, 2020, I filed the attached document
`with the Clerk of the Court and served the attached document first class mail, postage prepaid,
`on the following:
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` /s/ Patrick H. Lane
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`8
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`Joseph T. Acquaviva, Jr.
`WILSON CAIN & ACQUAVIVA
`300 N.W. 13th St., Suite 100
`Oklahoma City, OK 73103
`JTAcqua@wcalaw.com
`
`-and-
`
`Kevin Bennett
`400 N. Walker Ave., Suite 260
`Oklahoma City, OK 73102
`kevin@bennettlawokc.com
`Attorneys for Plaintiffs
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`James Vogt, OBA #9243
`Reynolds, Ridings, Vogt & McCart, P.L.L.C.
`101 Park Avenue, Suite 1010
`Oklahoma City, OK 73102
`405-232-8131
`405-232-7911 Fax
`jimvogt@rrvmlaw.com
`Attorney for AGCO Finance, LLC
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`Cary E. Hiltgen, OBA #1947
`Jeff C. Grotta, OBA #15774
`HILTGEN & BREWER, P.C.
`9505 North Kelley Avenue
`Oklahoma City, OK 73131
`t: (405) 605-9000
`f: (405) 605-9010
`chiltgen@hbokc.law
`jgrotta@hbokc.law
`Attorneys for Defendants AmTrust Financial
`Services, Inc., Wesco Insurance Company,
`and AMT Warranty Corp.
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`Clinton D. Whitworth, OBA #18875
`Brandon P. Wilson, OBA #19599
`Christopher M. Murphy, OBA #18786
`Whitworth, Wilson & Evans, PLLC
`3847 S. Boulevard, Suite 100
`Edmond, OK 73013
`t: (405) 415-4222
`f: (405) 578-4175
`clint@wwefirm.com
`brandon@wwefirm.com
`chris@wwefirm.com
`Attorneys for Defendants Rolling Plains
`Implement Company, Inc.
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