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FILED
6/29/2022 1:44 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Marissa Gomez DEPUTY
CAUSE NO. DC-22-05152
NASSER INVESTMENT, INC. § IN THE DISTRICT COURT 0F
Plainnfl? §
§
VS. § DALLAS COUNTY, TEXAS
§
THE TRAVELERS INDEMNITY §
COMPANY §
Defendant. § 134TH JUDICIAL DISTRICT
DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL
PLEASE TAKE NOTICE that The Travelers Indemnity Company has filed a Notice of
Removal in the Office of the Clerk of the United States District Court for the Northern District of
Texas, Dallas Division. A copy of that Notice of Removal is attached as Exhibit A.
PLEASE TAKE FURTHER NOTICE that pursuant to 28 U.S.C. § 1446 the filing of the
Notice of Removal in the United States District Court for the Northern District of Texas, Dallas
Division together with the filing of this Notice with the Clerk of this Court effects the removal of
the above-styled action to the United States District Court, and this Court may proceed no fiirther
unless and until the case is remanded.
DEFENDANT’S NOTICE 0F FILING NOTICE OF REMOVAL Page 1
Respectfully submitted,
/s/ Wm. Lance Lewis
WM. LANCE LEWIS
Texas Bar No. 12314560
ALISSA PUCKETT
Texas Bar No. 24056886
QUILLING, SELANDER, LOWNDS,
WINSLETT & MOSER, P.C.
2001 Bryan Street, Suite 1800
Dallas, Texas 75201
(214) 871 -2100 (Telephone)
(214) 871 -2l l l (Facsimile)
llewis@qslwm.com
apuckett@qslwm.com
ATTORNEYS FOR DEFENDANT
THE TRAVELERS INDEMNITY COMPANY
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing pleading has been furnished
to Plaintiff’s counsel of record Via certified mail, return receipt requested, and electronic mail in
accordance with the Texas Rules of Civil Procedure, this 29th day of June, 2022 at the address
indicated below:
Chad T. Wilson
Patrick C. McGinnis
CHAD T. WILSON LAW FIRM PLLC
455 E Medical Center Blvd, Ste 555
Webster, Texas 77598
cwilson@cwilsonlaw.com
pmcginnis@cwilsonlaw.com
/s/ Wm. Lance Lewis
Wm. Lance Lewis /Alissa Puckett
DEFENDANT’S NOTICE 0F FILING NOTICE 0F REMOVAL Page 2
Case 3:22-cv-01402-C Document 1 Filed 06/29/22 Page 1 of 4 PageID 1
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NASSER INVESTMENT, INC. §
Plainnffi §
§
VS'
CIVIL ACTION No. 3:22-cv-01402
g
THE TRAVELERS INDEMNITY §
COMPANY §
Defendant. §
DEFENDANT’S NOTICE OF REMOVAL
Defendant The Travelers Indemnity Company (“Travelers” or “Defendant”) files its
Notice Of Removal of this action from the 134th Judicial District Court of Dallas County, Texas,
to the United States District Court for the Northern District of Texas, Dallas Division, the Court
for the District and Division encompassing the place where the lawsuit is currently pending. This
Notice of Removal is filed pursuant to 28 U.S.C. §§ 1441 and 1446. In support hereof,
Defendant shows this Court as follows:
1. On May 16, 2022, Plaintiff Nasser Investment, Inc. (“Plaintiff”) filed an Original
Petition and Jury Demand (the “Complaint”) in the 134th Judicial District Court of Dallas
County, Texas, styled Nasser Investment, Inc. v. The Travelers Indemnity Company, Where it
was assigned Cause No. DC-22-05152 (the “State Court Action”).
2. Defendant was served with a citation and the Complaint June 3, 2022. Removal is
timely because thirty (30) days have not elapsed since Travelers was served with a summons or
citation. 28 U.S.C. §l446(b)(1); Murphy Bros. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 354
(1999) (holding that the 30-day deadline to remove begins on the date the summons or citation is
served even if the complaint is received at a prior date).
EXHIBIT
DEFENDANT’S NOTICE OF REMOVAL Page 1
Case 3:22-cv-01402-C Document 1 Filed 06/29/22 Page 2 of 4 PageID 2
3. Defendant is, contemporaneously with the filing of this Notice, giving written
notice of filing of this Notice of Removal to the clerk of the 134th Judicial District Court of
Dallas County, Texas, and will serve a copy of the Notice of Removal on Plaintiff.
4. In accordance with Local Rule 81.1, attached collectively as Exhibit “A” are all
materials filed in the State Court Action. Travelers has also filed contemporaneously with this
Notice a civil cover sheet, a supplemental civil cover sheet, and a separately signed certificate of
interested persons and disclosure statement that complies with Local Rule 3.1(c) and Rule 7.1 of
the Federal Rules of Civil Procedure.
GROUND FOR REMOVAL: DIVERSITY
5. This Court has original jurisdiction over this case under 28 U.S.C. § 1332 because
this is a civil action between citizens of different states where the matter in controversy exceeds
$75,000.
(a) The amount in controversy exceeds the federal minimum
jurisdictional requirements.
6. In the Complaint, Plaintiff alleges Defendant failed to conduct a reasonable
investigation and fully pay an insurance claim. Plaintiff seeks monetary relief over $250,000.
See Ex. A-2 at 11 56. Specially, Plaintiff seeks to recover from Defendant actual damages in the
amount of $616,366.59 plus three times the amount of actual damages pursuant to Sec. 541.152
of the Texas Insurance Code. See Ex. A-2 at 1m 15, 48, 51. Plaintiff also seeks consequential
damages, damages for mental anguish, attorneys’ fees, court costs, pre-judgment interest,
compensatory damages, and exemplary damages. See Ex. A—2 at 1H] 50-55. Accordingly, the
amount in controversy meets and exceeds the federal jurisdictional minimum of $75,000,
exclusive of interest and costs.
DEFENDANT’S NOTICE OF REMOVAL Page 2
Case 3:22-cv-01402-C Document 1 Filed 06/29/22 Page 3 of 4 PageID 3
(b) Complete diversity between Plaintiff and Defendant exists.
7. Corporations “shall be deemed to be a citizen of every State and foreign state by
which it has been incorporated and of the State or foreign state where it has its principal place of
business ....” 28 U.S.C. § 1332(c)(1).
8. Plaintiff Nasser Investment, Inc.1 is a Texas corporation with its principal place of
business in Texas. See Ex. A-2 at 11 2. Accordingly, Plaintiff was at the time of the filing of this
action, has been at all times since, and is still a citizen of Texas.
9. Travelers is a Connecticut corporation with its principal place of business in
Connecticut. Accordingly, Defendant was at the time of the filing of this action, has been at all
times since, and is still a citizen of Connecticut.
10. Accordingly, because the amount in controversy exceeds $75,000 and Plaintiff is
a citizen of Texas while Defendant is not, this Court has original jurisdiction over the present
action pursuant to 28 U.S.C. § 1332. Removal is therefore proper.
WHEREFORE, Defendant The Travelers Indemnity Company of America prays that the
above-described action now pending in the 134th Judicial District Court of Dallas County, Texas
be removed to this Court.
1
On information and belief, Plaintiff’s correct name is Nasser Investments, Inc.
DEFENDANT’S NOTICE 0F REMOVAL Page 3
Case 3:22-cv-01402—C Document 1 Filed 06/29/22 Page 4 of 4 PageID 4
Respectfully submitted,
/s/ Wm. Lance Lewis
WM. LANCE LEWIS
Texas Bar No. 12314560
ALISSA PUCKETT
Texas Bar No. 24056886
QUILLING, SELANDER, LOWNDS,
WINSLETT & MOSER, P.C.
2001 Bryan Street, Suite 1800
Dallas, Texas 75201
(214) 871 -2100 (Telephone)
(214) 871 -21 l l (Facsimile)
llewis@qslwm.com
apuckett@qslwm.com
ATTORNEYS FOR DEFENDANT
THE TRAVELERS INDEMNITY COMPANY
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing pleading has been furnished
to Plaintiff’s counsel of record Via certified mail, return receipt requested, and electronic mail in
accordance with the Federal Rules of CiVil Procedure, this 29th day of June, 2022 at the address
indicated below:
Chad T. Wilson
Patrick C. McGinnis
CHAD T. WILSON LAW FIRM PLLC
455 E Medical Center Blvd, Ste 555
Webster, Texas 77598
cwilson@cwilsonlaw.com
pmcginnis@cwilsonlaw.com
/s/ Wm. Lance Lewis
Wm. Lance Lewis /Alissa Puckett
DEFENDANT’S NOTICE 0F REMOVAL Page 4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Alisa Perkins on behalf of Lance Lewis
Bar No. 12314560
aperkins@qslwm.com
Envelope ID: 65890759
Status as of 6/29/2022 1:52 PM CST
Associated Case Party: THE TRAVELERS INDEMNITY COMPANY
Name BarNumber Email TimestampSubmitted Status
Wm. LanceLewis llewis@qslwm.com 6/29/2022 1:44:02 PM SENT
Alissa Puckett apuckett@qslwm.com 6/29/2022 1:44:02 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Patrick McGinnis 13631900 pmcginnis@cwilsonlaw.com 6/29/2022 1:44:02 PM SENT
Chad Wilson 24079587 eservice@cwilsonlaw.com 6/29/2022 1:44:02 PM SENT
Ana Sanchez ASANCHEZ@CWILSONLAW.COM 6/29/2022 1:44:02 PM SENT
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FILED 6/29/2022 1:44 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Marissa Gomez DEPUTY CAUSE NO. DC-22-05152 NASSER INVESTMENT, INC. § IN THE DISTRICT COURT 0F Plainnfl? § § VS. § DALLAS COUNTY, TEXAS § THE TRAVELERS INDEMNITY § COMPANY § Defendant. § 134TH JUDICIAL DISTRICT DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL PLEASE TAKE NOTICE that The Travelers Indemnity Company has filed a Notice of Removal in the Office of the Clerk of the United States District Court for the Northern District of Texas, Dallas Division. A copy of that Notice of Removal is attached as Exhibit A. PLEASE TAKE FURTHER NOTICE that pursuant to 28 U.S.C. § 1446 the filing of the Notice of Removal in the United States District Court for the Northern District of Texas, Dallas Division together with the filing of this Notice with the Clerk of this Court effects the removal of the above-styled action to the United States District Court, and this Court may proceed no fiirther unless and until the case is remanded. DEFENDANT’S NOTICE 0F FILING NOTICE OF REMOVAL Page 1 Respectfully submitted, /s/ Wm. Lance Lewis WM. LANCE LEWIS Texas Bar No. 12314560 ALISSA PUCKETT Texas Bar No. 24056886 QUILLING, SELANDER, LOWNDS, WINSLETT & MOSER, P.C. 2001 Bryan Street, Suite 1800 Dallas, Texas 75201 (214) 871 -2100 (Telephone) (214) 871 -2l l l (Facsimile) llewis@qslwm.com apuckett@qslwm.com ATTORNEYS FOR DEFENDANT THE TRAVELERS INDEMNITY COMPANY CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing pleading has been furnished to Plaintiff’s counsel of record Via certified mail, return receipt requested, and electronic mail in accordance with the Texas Rules of Civil Procedure, this 29th day of June, 2022 at the address indicated below: Chad T. Wilson Patrick C. McGinnis CHAD T. WILSON LAW FIRM PLLC 455 E Medical Center Blvd, Ste 555 Webster, Texas 77598 cwilson@cwilsonlaw.com pmcginnis@cwilsonlaw.com /s/ Wm. Lance Lewis Wm. Lance Lewis /Alissa Puckett DEFENDANT’S NOTICE 0F FILING NOTICE 0F REMOVAL Page 2 Case 3:22-cv-01402-C Document 1 Filed 06/29/22 Page 1 of 4 PageID 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION NASSER INVESTMENT, INC. § Plainnffi § § VS' CIVIL ACTION No. 3:22-cv-01402 g THE TRAVELERS INDEMNITY § COMPANY § Defendant. § DEFENDANT’S NOTICE OF REMOVAL Defendant The Travelers Indemnity Company (“Travelers” or “Defendant”) files its Notice Of Removal of this action from the 134th Judicial District Court of Dallas County, Texas, to the United States District Court for the Northern District of Texas, Dallas Division, the Court for the District and Division encompassing the place where the lawsuit is currently pending. This Notice of Removal is filed pursuant to 28 U.S.C. §§ 1441 and 1446. In support hereof, Defendant shows this Court as follows: 1. On May 16, 2022, Plaintiff Nasser Investment, Inc. (“Plaintiff”) filed an Original Petition and Jury Demand (the “Complaint”) in the 134th Judicial District Court of Dallas County, Texas, styled Nasser Investment, Inc. v. The Travelers Indemnity Company, Where it was assigned Cause No. DC-22-05152 (the “State Court Action”). 2. Defendant was served with a citation and the Complaint June 3, 2022. Removal is timely because thirty (30) days have not elapsed since Travelers was served with a summons or citation. 28 U.S.C. §l446(b)(1); Murphy Bros. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 354 (1999) (holding that the 30-day deadline to remove begins on the date the summons or citation is served even if the complaint is received at a prior date). EXHIBIT DEFENDANT’S NOTICE OF REMOVAL Page 1 Case 3:22-cv-01402-C Document 1 Filed 06/29/22 Page 2 of 4 PageID 2 3. Defendant is, contemporaneously with the filing of this Notice, giving written notice of filing of this Notice of Removal to the clerk of the 134th Judicial District Court of Dallas County, Texas, and will serve a copy of the Notice of Removal on Plaintiff. 4. In accordance with Local Rule 81.1, attached collectively as Exhibit “A” are all materials filed in the State Court Action. Travelers has also filed contemporaneously with this Notice a civil cover sheet, a supplemental civil cover sheet, and a separately signed certificate of interested persons and disclosure statement that complies with Local Rule 3.1(c) and Rule 7.1 of the Federal Rules of Civil Procedure. GROUND FOR REMOVAL: DIVERSITY 5. This Court has original jurisdiction over this case under 28 U.S.C. § 1332 because this is a civil action between citizens of different states where the matter in controversy exceeds $75,000. (a) The amount in controversy exceeds the federal minimum jurisdictional requirements. 6. In the Complaint, Plaintiff alleges Defendant failed to conduct a reasonable investigation and fully pay an insurance claim. Plaintiff seeks monetary relief over $250,000. See Ex. A-2 at 11 56. Specially, Plaintiff seeks to recover from Defendant actual damages in the amount of $616,366.59 plus three times the amount of actual damages pursuant to Sec. 541.152 of the Texas Insurance Code. See Ex. A-2 at 1m 15, 48, 51. Plaintiff also seeks consequential damages, damages for mental anguish, attorneys’ fees, court costs, pre-judgment interest, compensatory damages, and exemplary damages. See Ex. A—2 at 1H] 50-55. Accordingly, the amount in controversy meets and exceeds the federal jurisdictional minimum of $75,000, exclusive of interest and costs. DEFENDANT’S NOTICE OF REMOVAL Page 2 Case 3:22-cv-01402-C Document 1 Filed 06/29/22 Page 3 of 4 PageID 3 (b) Complete diversity between Plaintiff and Defendant exists. 7. Corporations “shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business ....” 28 U.S.C. § 1332(c)(1). 8. Plaintiff Nasser Investment, Inc.1 is a Texas corporation with its principal place of business in Texas. See Ex. A-2 at 11 2. Accordingly, Plaintiff was at the time of the filing of this action, has been at all times since, and is still a citizen of Texas. 9. Travelers is a Connecticut corporation with its principal place of business in Connecticut. Accordingly, Defendant was at the time of the filing of this action, has been at all times since, and is still a citizen of Connecticut. 10. Accordingly, because the amount in controversy exceeds $75,000 and Plaintiff is a citizen of Texas while Defendant is not, this Court has original jurisdiction over the present action pursuant to 28 U.S.C. § 1332. Removal is therefore proper. WHEREFORE, Defendant The Travelers Indemnity Company of America prays that the above-described action now pending in the 134th Judicial District Court of Dallas County, Texas be removed to this Court. 1 On information and belief, Plaintiff’s correct name is Nasser Investments, Inc. DEFENDANT’S NOTICE 0F REMOVAL Page 3 Case 3:22-cv-01402—C Document 1 Filed 06/29/22 Page 4 of 4 PageID 4 Respectfully submitted, /s/ Wm. Lance Lewis WM. LANCE LEWIS Texas Bar No. 12314560 ALISSA PUCKETT Texas Bar No. 24056886 QUILLING, SELANDER, LOWNDS, WINSLETT & MOSER, P.C. 2001 Bryan Street, Suite 1800 Dallas, Texas 75201 (214) 871 -2100 (Telephone) (214) 871 -21 l l (Facsimile) llewis@qslwm.com apuckett@qslwm.com ATTORNEYS FOR DEFENDANT THE TRAVELERS INDEMNITY COMPANY CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing pleading has been furnished to Plaintiff’s counsel of record Via certified mail, return receipt requested, and electronic mail in accordance with the Federal Rules of CiVil Procedure, this 29th day of June, 2022 at the address indicated below: Chad T. Wilson Patrick C. McGinnis CHAD T. WILSON LAW FIRM PLLC 455 E Medical Center Blvd, Ste 555 Webster, Texas 77598 cwilson@cwilsonlaw.com pmcginnis@cwilsonlaw.com /s/ Wm. Lance Lewis Wm. Lance Lewis /Alissa Puckett DEFENDANT’S NOTICE 0F REMOVAL Page 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Alisa Perkins on behalf of Lance Lewis Bar No. 12314560 aperkins@qslwm.com Envelope ID: 65890759 Status as of 6/29/2022 1:52 PM CST Associated Case Party: THE TRAVELERS INDEMNITY COMPANY Name BarNumber Email TimestampSubmitted Status Wm. LanceLewis llewis@qslwm.com 6/29/2022 1:44:02 PM SENT Alissa Puckett apuckett@qslwm.com 6/29/2022 1:44:02 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Patrick McGinnis 13631900 pmcginnis@cwilsonlaw.com 6/29/2022 1:44:02 PM SENT Chad Wilson 24079587 eservice@cwilsonlaw.com 6/29/2022 1:44:02 PM SENT Ana Sanchez ASANCHEZ@CWILSONLAW.COM 6/29/2022 1:44:02 PM SENT