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DEFENDANT AFFILIATED FM INSURANCE COMPANY ’S NOTICE OF REMOVAL Page 1
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
KAHLIG AUTO GROUP,
Plaintiff,
vs. AFFILIATED FM INSURANCE COMPANY,
Defendant. §
§ § § § § § § § § §
CIVIL ACTION NO. 5:19-CV-1315
DEFENDANT AFFILIATED FM
INSURANCE COMPANY’S NOTICE OF REMOVAL
Defendant Affiliated FM Insurance Company (“Affiliated FM”) fil es this Notice of
Removal under 28 U.S.C. §§ 1332, 1441, and 1446 and states:
I.
INTRODUCTION
1. Plaintiff Kahlig Auto Group (“Pl aintiff”) commenced this lawsui t on September
23, 2019 by filing Plaintiff’s Orig inal Petition (“Petition”) i n the 407th District Court of Bexar
County, Texas - Case No. 2019CI20051.
2. This lawsuit arises out of Plai ntiff’s claim for coverage under an insurance policy
issued by Affiliated FM. Plaintiff’s Original Petition, which i ncludes a jury demand, seeks
declaratory judgment and alleges breach of contract and violati ons of the Texas Insurance Code
against Affiliated FM.
3. Affiliated FM was served with Plaintiff’s Petition on October 9 , 2019. Affiliated
FM thus files this Notice of Removal within the 30-day time per iod required by 28 U.S.C.
§ 1446(b). Case 5:19-cv-01315 Document 1 Filed 11/07/19 Page 1 of 4
DEFENDANT AFFILIATED FM INSURANCE COMPANY ’S NOTICE OF REMOVAL Page 2
II.
BASIS FOR REMOVAL
4. Venue is proper in this District under 28 U.S.C. § 1441(a) beca use the state court
where the action is pending is located in this District.
5. Removal is proper under 28 U.S.C. § 1332(a) if there is complet e diversity
between the parties and the am ount in controversy exceeds $75,0 00, exclusive of interest, costs
and attorneys’ fees. These two c onditions are sa tisfied in this matter.
A. Removal is Proper Because Complete Diversity of Citizenship Exi sts Between
Plaintiff and Defendant
6. Plaintiff, Kahlig Auto Group, is a corporation organized under the laws of the State
of Texas with its principal pla ce of business in Bexar County, Texas, and is thus a citizen of Texas
for diversity jurisdiction purposes.
7. Defendant Affiliated FM is an insurance company incorporated in th e S tate o f
Rhode Island with its principal place of business in Rhode Isla nd and is thus a citizen of Rhode
Island for diversity jurisdiction purposes.
8. Complete diversity of citizenship accordingly exists between Pl aintiff on the one
hand and Defendant Affiliated FM on the other hand (now and on the date Plaintiff filed this
lawsuit). B. Removal is Proper Because Plaintiff’s Claimed Damages Exceed Th is Court’s
Jurisdictional Threshold of $75,000.
9. It is facially apparent that Plai ntiff’s claims in this suit ex ceed $75,000, exclusive
of interest, costs, and attorneys’ fees. Therefore, Defendant’s burden to establish the amount in
controversy exceeds this Court’s jurisdictional threshold is sa tisfied.1
1 Allen v. R&H Oil & Gas Co. , 63 F.3d 1326, 1335 (5th Cir. 1999). Case 5:19-cv-01315 Document 1 Filed 11/07/19 Page 2 of 4
DEFENDANT AFFILIATED FM INSURANCE COMPANY ’S NOTICE OF REMOVAL Page 3
10. In its Petition, Plaintiff states it “seeks monetary relief ove r $1,000,000,” pursuant
to Rule 47 of the Texas Rules of Civil Procedure.2 It is thus facially apparent that Plaintiff’s claim
exceeds this Court’s jurisdictional threshold of $75,000.
III.
CONCLUSION
11. As required by 28 U.S.C. Section 1446(a), a copy of each of the following are
attached to (or filed with) this Notice of Removal:
a. the docket sheet in the state court action as Exhibit A ; and
b. all process, pleadings, and orde rs filed, issued, or entered in the state court
action (as separate attachments arranged in chronological order according to state court
filing date) as Exhibit B ).
12. Defendant also attaches Defendant Affiliated FM Insurance Compa ny’s Rule 7.1
Disclosure Statement as Exhibit C .
13. Pursuant to 28 U.S.C. § 1446(d), a true and correct copy of thi s Notice of Removal
will be filed with the clerk of th e District Clerk of Bexar Cou nty, Texas promptly after the filing
of this Notice of Removal.
14. Pursuant to 28 U.S.C. § 1446(d), written notice of filing of th is Notice will be
given to all adverse parties prom ptly after the filing of this Notice.
WHEREFORE, Defendant Affiliated FM Insurance Company requests t hat this action be
removed from the 407th Judicial District Court of Bexar County, Texas, to the United States
District Court for the Western Di strict of Texas, San Antonio D ivision, and that this Court enter
such further orders as may be necessary and appropriate.
2 Plaintiff’s Petition at pg. 2. Case 5:19-cv-01315 Document 1 Filed 11/07/19 Page 3 of 4
DEFENDANT AFFILIATED FM INSURANCE COMPANY ’S NOTICE OF REMOVAL Page 4
Respectfully submitted,
By: /s/ Lindsey P. Bruning
Shannon O'Malley
Texas Bar No. 24037200 [email protected]
Lindsey P. Bruning
Texas Bar No. 24064967
[email protected]
ZELLE LLP
901 Main Street, Suite 4000 Dallas, Texas 75202-3975 Telephone: (214) 742-3000 Facsimile: (214) 760-8994
COUNSEL FOR DEFENDANT AFFILIATED FM INSURANCE COMPANY
CERTIFICATE OF SERVICE
On this 7th day of November 2019, I served a true and correct c opy of DEFENDANT
AFFILIATED FM INSURANCE COMPANY ’S NOTICE OF REMOVAL upon all known counsel of
record via electronic filing.
/s/ Lindsey P. Bruning
Lindsey P. Bruning
4845-6331-1788v2 Case 5:19-cv-01315 Document 1 Filed 11/07/19 Page 4 of 4