Case 3:13-cv-01048-RNC Document 1 Filed 07/23/13 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
MERCEDES-BENZ USA, LLC,
DEFENDANT, MERCEDES-BENZ USA, LLC’S NOTICE OF
REMOVAL TO THE UNITED STATES DISTRICT COURT
Pursuant to the provisions of 28 U.S.C. §§ 1332(a), 1441(a) and 1446, defendant, Mercedes-
Benz USA, LLC (“MBUSA” or “defendant”) hereby removes this action to the United States
District Court for the District of Connecticut from the State of Connecticut Superior Court, Judicial
District of New Haven at New Haven. In support thereof, MBUSA respectfully states the following
grounds for removal:
Mercedes-Benz USA, LLC is the sole defendant in a civil action served on the
defendant on June 24, 2013 and filed on June 28, 2013 by the plaintiff, Denise Cooke, captioned
Denise Cook v. Mercedes-Benz, USA, LLC, Superior Court, Judicial District of New Haven at New
Haven Civil Action No. (“Action”). Copies of the Summons, Complaint and Notice of Service of
Process are attached as “Exhibit A”.
Case 3:13-cv-01048-RNC Document 1 Filed 07/23/13 Page 2 of 4
The plaintiff alleges that she is a citizen of Branford in the State of Connecticut.
Mercedes-Benz USA, LLC (MBUSA) is a Limited Liability Company organized under the laws
of Delaware. MBUSA's principal place of business is in Montvale, New Jersey. MBUSA is a
single-member LLC. MBUSA's sole member/owner is Daimler North America Corporation
(DNAC). Like MBUSA, DNAC is organized under the laws of Delaware and its principal place
of business is in Montvale, New Jersey.
This United States District Court has original jurisdiction in this Action where the
parties to the Action are from different states and, based on plaintiff’s allegations of lost income,
medical expenses, and damages for pain and suffering, the amount in controversy, exclusive of
interest and costs, exceeds the sum of Seventy-Five Thousand Dollars ($75,000). The plaintiff, who
asserts that she is a “television news anchor,” alleges in her Complaint that she suffered significant
personal injury and damages as a result of the negligence and carelessness of MBUSA including
“headaches, injuries and discomfort in the neck and back.” Plaintiff further alleges that she
continues to suffer pain, that she “incurred and will continue to incur expenses for medical care,
medicine, x-rays, etc., which has caused her loss,” that as a result of the alleged misconduct of the
defendant she lost time from work, and that she had to “cancel important media and publicity
obligations.” Exhibit A, Complaint at Paragraphs 3-4, 8, 11-13.
This Notice of Removal is filed within thirty (30) days after the receipt of the
Summons and Complaint and the time for filing this Notice has not expired.
Case 3:13-cv-01048-RNC Document 1 Filed 07/23/13 Page 3 of 4
A true and correct copy of this Notice will be filed with the Clerk of the Connecticut
Superior Court in New Haven, Connecticut as provided by law.
The defendant will request that the Clerk of the Superior Court in New Haven,
Connecticut provide certified or attested copies of all records and proceedings in the Action and
certified or attested copies of all docket entries thereon. The defendant will cause such attested or
certified copies of the state court record to be timely filed with this court.
Undersigned counsel for Mercedes-Benz USA, LLC is duly admitted to practice
before this Court and signs this Notice of Removal in accordance with the requirements of F.R.C.P.
Defendant, Mercedes-Benz USA, LLC.
By its attorneys,
/s/James P. Kerr_______________
James P. Kerr,
Juris No. 424285
Federal Bar Number ct24142
CORNELL & GOLLUB
75 Federal Street
Boston, MA 02110
Fax: (617) 482-3917
CERTIFICATE OF SERVICE
I, James P. Kerr, attorney for the defendant, Mercedes-Benz USA, LLC, hereby certify that
on the 23rd day of July, 2013, a true copy of the foregoing Defendant, Mercedes-Benz USA, LLC’s
Notice of Removal to The United States District Court, will be sent electronically to registered
Case 3:13-cv-01048-RNC Document 1 Filed 07/23/13 Page 4 of 4
participants as identified on the Notice of Electronic Filing and paper copies will be served upon
anyone indicated as a non-registered participant, including:
Nicholas Mingione, Esq.
Fasano, Ippolito & Lee LLC
388 Orange Street
New Haven, CT 06511
/s/ James P. Kerr
James P. Kerr