Case 2:12-cv-02862-HGB-ALC Document 1 Filed 11/29/12 Page 1 of 5

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DEVON HARVEY VERSUS RAY WILLIAMS, USA TRUCK, INC., LLC, PV HOLDING CORP., AND ACE AMERICAN INSURANCE CIVIL ACTION NO. 12-2862 SECTION: DIVISION:

REMOVAL FROM THE CIVIL DISTRICT COURT, PARISH OF ORLEANS, STATE OF LOUISIANA

NOTICE OF REMOVAL Defendants, Ray Williams (Williams), USA Truck, Inc. (USA Truck, erroneously named in the plaintiffs Petition for Damages as USA Truck, Inc., LLC), and ACE American Insurance Company (ACE), through undersigned counsel, hereby give notice of removal to the United States District Court for the Eastern District of Louisiana of the civil action entitled Devon Harvey v. Ray Williams, USA Truck, Inc., LLC, PV Holding Corp. and Ace American Insurance No. 2012-9983, Division N-8, on the docket of the Civil District Court for the Parish of Orleans, State of Louisiana. Pursuant to 28 U.S.C. 1441 and 1446(a), defendants state the grounds of removal as follows: 1. The state court civil action described above was commenced on or about October 23, 2012 by Devon Harvey in the Civil District Court for the Parish of Orleans, State of Louisiana, which is a state judicial district within the Eastern District of Louisiana pursuant to 28 U.S.C. 98(a).

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2. The citation and petition in the state court civil action described above were served upon USA Truck on November 1, 2012; PV Holding Corp. on October, 31, 2012; and, ACE on November 1, 2012. 3. There is no record of returned service on Williams at this time. 4. Plaintiff, Devon Harvey, is a person of the full age of majority, domiciled in Orleans Parish, Louisiana. 4. Defendant, Williams, is a person of the full age of majority, domiciled in Dallas County, Texas. 5. Defendant, USA Truck, is a Delaware corporation with its principal place of business in Van Buren, Arkansas. 6. Defendant, PV Holding Corp., is a Delaware corporation with its principal place of business in Virginia Beach, Virginia. 7. Defendant, ACE, is a Pennsylvania corporation with its principal place of business in Philadelphia, Pennsylvania. 8. PV Holding Corp. consents to and joins in the removal of this action. A copy of PV -2{00133182-1 }

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Holding Corp.s written Consent to Removal is attached as Exhibit A to this notice. 9. According to the allegations of the plaintiffs state court petition, plaintiff, Devon Harvey, was operating a 2011 Volkswagen Jetta, owned by PV Holding Corp.[when] Ray Williams, also traveling westbound the I-10 westbound exit rampwho was operating with permission, a 2009 Kentworth Tractor, owned by USA Truck, Inc., LLCbacked his vehicle into Mr. Harveys vehicle. (Petition III.) This collision allegedly caused plaintiff, severe and painful personal injury, including but not limited to all bones and muscles of the body, nerves, ligaments, tissues, and blood vessels, and, more particularly, injuries to the back and neck. (Id. VI.) As a result, plaintiff is seeking the following elements of damages: past, present and future physical pain and suffering; past, present and future mental pain and suffering; lost wages; and, past, present and future medical bills. (Id. IX.) 10. Based upon the nature and extent of the injuries and damages alleged in plaintiffs petition, the amount in controversy exceeds $75,000.00, exclusive of interest and costs. 11. The claim asserted by plaintiff is a civil action brought in a state court over which this United States District Court would have original jurisdiction under 28 U.S.C. 1332, since the parties to this case are citizens of different states and the amount in controversy exceeds $75,000.00, exclusive of interest and costs. 12. Thirty (30) days have not elapsed since the first-served defendant received the plaintiffs petition through service of process or otherwise and, thus, removal is timely under 28 U.S.C. -3{00133182-1 }

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1446(b). 13. After filing this Notice of Removal, defendants will serve written notice upon the plaintiff and file a copy of this Notice of Removal with the Clerk of the Civil District Court for the Parish of Orleans, State of Louisiana, in conformity with 28 U.S.C. 1446(d). 14. Copies of all process, pleadings, and orders served upon defendants are attached pursuant to 28 U.S.C. 1446(a) collectively as Exhibit B to this notice. 15. Accordingly, pursuant to 28 U.S.C. 1446, please take notice that this case is removed. Respectfully submitted, JAMES RYAN III & ASSOCIATES, LLC

__________________________________________ JAMES RYAN III (#11558) TIMOTHY T. RONIGER (#11443) JEFFREY A. CLAYMAN (#30442) CRAIG R. WEBB (#29474) 201 St. Charles Avenue, Suite 2420 New Orleans, LA 70170 Telephone: (504) 599-5990 Facsimile: (504) 599-5991 jclayman@ryan-law.us CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 29th day of November 2012, I electronically filed the foregoing pleading with the Clerk of Court by using the CM/ECF system. I further certify that I served a copy of the foregoing Notice of Removal on counsel for all parties to this proceeding by depositing it in United States mail, properly addressed, and first class postage prepaid. I further -4{00133182-1 }

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certify that a copy of this Notice of Removal is being filed with the Clerk of the Civil District Court, Parish of Orleans, where the underlying action is pending.

_____________________________ JEFFREY A. CLAYMAN

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