Legal Document: Angela Coady vs Amguard Insurance Company

On January 25, 2023 a Defendant AmGuard Insurance Company's Notice to State Court of Removal - Removed to Federal Court Index # 5 was filed involving a dispute between Coady, Angela, and Amguard Insurance Company, for Contract - Consumer/Commercial/Debt in the District Court of Fort Bend County.

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CAUSE NO. 23-DCV-300669

ANGELA COADY IN THE DISTRICT COURT OF
Plaintiff,

FORT BEND COUNTY, TEXAS
AMGUARD INSURANCE COMPANY,
Defendant.
458TH JUDICIAL DISTRICT

DEFENDANT AMGUARD INSURANCE COMPANY’S
NOTICE TO STATE COURT OF REMOVAL

Please take notice that, in accordance with federal law, 28 U.S.C. §§ 1441 and 1446, this

case has been removed to the United States District Court for the Southern District of Texas,

Houston Division. A copy of the Notice of Removal is attached as Exhibit A. Under the removal

statutes, a State court loses jurisdiction upon removal of the case to federal court and shall proceed

no further with the case. In accordance with the federal removal statutes, please forward the

Court’s file to the United States District Court for the Southern District of Texas, Houston Division.

Respectfully submitted,

/s/ Mark Kressenberg_______________________
J. Mark Kressenberg
State Bar No. 11725900
mkressenberg@thompsoncoe.com
Lauren Figaro
State Bar No. 24087510
lfigaro@thompsoncoe.com
HOMPSON, COE, COUSINS & IRONS, LLP
One Riverway, Suite 1400
Houston, Texas 77056
713-403-8210
713-403-8299 – Facsimile

ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above foregoing instrument has been
forwarded via e-filing pursuant to the Texas Rules of Civil Procedure on March 15, 2023.

Maria Gerguis
mgerguis@dalyblack.com
Richard Daly
rdaly@dalyblack.com
ecfs@dalyblack.com
Daly & Black, P.C.
2211 Norfolk St., Suite 800
Houston, Texas 77098
713.655.1405 – Telephone
713.655.1587 - Fax

/s/ Mark Kressenberg_______________________
Mark Kressenberg
EXHIBIT A

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

ANGELA COADY
Plaintiff,

CIVIL ACTION NO.4:23-CV-00942

AMGUARD INSURANCE COMPANY,
Defendant.

AMGUARD INSURANCE COMPANY’S NOTICE OF REMOVAL

Pursuant to 28 U.S.C. § 1441 and 1446, AmGUARD Insurance Company (“AmGUARD”

or “Defendant”) files this Notice of Removal to the United States District Court for the Southern

District of Texas – Houston Division on the basis of diversity of citizenship and amount in

controversy and respectfully shows the following.

PROCEDURAL STATUS

This is a dispute over a property insurance claim. AmGUARD is an insurance

company and Plaintiff is the policyholder who filed the claim.

2. On or about January 25, 2023, Plaintiff filed her Original Petition in a case styled

Angela Coady v. AmGUARD Insurance Company, Cause No.23-DCV-3000669, in the 458th

Judicial District Court, Fort Bend County, Texas. Exhibit 3. AmGUARD received service of

Plaintiff’s Original Petition on February 13, 2023. Exhibit 4. AmGUARD filed its Original Answer

on March 1, 2023. Exhibit 5.

Attached hereto are copies of the following documents:

Exhibit 1: Index of Matters Being Filed;

Exhibit 2: The state court’s Docket Sheet;
Exhibit 3: Plaintiff’s Original Petition;

Exhibit 4: Citation served on AmGUARD;

Exhibit 5: Defendant AmGUARD’s Original Answer; and

Exhibit 6: List of Parties and Counsel.

II.
BASIS FOR REMOVAL

Removal is proper based upon diversity of citizenship under 28 U.S.C. §1441 and

and §1446 because the parties are diverse, the amount in controversy exceeds the jurisdictional

requirement for subject matter jurisdiction, and removal is timely and procedurally correct.

A. The Parties Are Diverse

Plaintiff’s Original Petition states that “Mrs. Coady is a Texas resident in Fort Bend

County, Texas.” Exhibit 3, ¶1. Therefore, upon information and belief, Plaintiff Angela Cody is a

citizen of Texas.

Defendant AmGuard Insurance Company is a corporation organized under the laws

of the State of Pennsylvania, with its principal place of business in Wilkes-Barre, Pennsylvania.

28 U.S.C. §1332(c)(1). Therefore, AmGUARD Insurance Company is a citizen of the state of

Pennsylvania.

Since Plaintiff is a citizen of Texas and Defendant is a citizen of Pennsylvania,

there is complete diversity of citizenship between the parties.

B. The Amount In Controversy Exceeds $75,000.

Plaintiff asserts that she seeks “only monetary relief of $250,000 or less, excluding

interest, statutory or punitive damages and penalties, and attorney’s fees and costs.” Exhibit 3 4

(Emphasis added).
Plaintiff is seeking attorney’s fees. Id. at ¶ 25. Moreover, the Petition alleges

AmGUARD’s actions were committed knowingly and intentionally and Plaintiff is seeking treble

damages and exemplary damages. Id. at ¶ 22.

10. The amount in controversy includes the following alleged elements of damages and

attorney’s fees: (i) actual damages for losses under the insurance policy; (ii) actual damages for

fraud; (iii) actual damages and treble damages for violation of the DTPA; and (iv) attorney’s fees.

See Sotello 2021 WL 1624272, at *2 (citing St. Paul Reinsurance Co. v. Greenberg, 134 F.3d

1250, 1253 (5th Cir. 1998); Arceo v. Allstate Tex. Lloyd's, No. 5:19-CV-00177-OLG, 2019 WL

10302262, at *1–2 (W.D. Tex. June 10, 2019); Ray v. State Farm Lloyds, No. Civ. A. 3:98-CV-

1288-G, 1999 WL 151667, at *2 (N.D. Tex. Mar. 10, 1999)) (stating items the court may consider

in determining amount in controversy include attorney’s fees, statutory damages, punitive

damages, treble damages, policy limits and penalties, but not interest or costs).

11. Considering the above, it is reasonably clear that the amount in controversy exceeds

the sum of $75,000.00 and the Court has diversity jurisdiction over this matter. See 28 U.S.C. §

1332(a).

C. The Removal Is Procedurally Correct

12. AmGUARD received notice of this lawsuit on November 14, 2022. AmGUARD

files this Notice of Removal within the thirty-day period set forth in 28 U.S.C. § 1446(b).

13. Venue is proper in this District and Division under 28 U.S.C. § 1446(a) because

this District and Division include the county in which the state action has been pending and because

a substantial part of the events giving rise to Plaintiff’s claims allegedly occurred in this District

and Division.
14. Pursuant to 28 U.S.C. § 1446(a), in addition to the Petition, the following items are

being filed contemporaneously with this Notice of Removal: Index of Matters Being Filed; Civil

Cover Sheet; State Court Action Docket Sheet; Return of Service; and Defendant’s List of All

Counsel of Record.

15. Pursuant to 28 U.S.C. § 1446(d), promptly after AmGUARD files this Notice of

Removal, written notice of the filing will be given to Plaintiff. Specifically, Plaintiff will be served

with notice of the filing.

16. Pursuant to 28 U.S.C. § 1446(d), promptly after AmGUARD files this Notice of

Removal, a true and correct copy of this Notice of Removal will be filed with the Clerk of the

Judicial District Court of Fort Bend County, Texas.

Respectfully submitted,

ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above foregoing instrument has been
forwarded via e-filing pursuant to the Texas Rules of Civil Procedure on March 15, 2023.

/s/ Mark Kressenberg_______________________
Mark Kressenberg
JS 44 (Rev. 04/21) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Angela Coady AmGuard Insurance Company
(b) County of Residence of First Listed Plaintiff Fort Bend County County of Residence of First Listed Defendant Luzerne County, PA
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Maria Gerguis, Richard D. Daly, Daly & Black, P.C., 2211 J. Mark Kressenberg, Thompson Coe, Cousins & Irons, One
Norfolk St., Suite 800, Houston, TX 77098 - 713-655-1405 Riverway, Ste 1400, Houston, TX 77010 - 713-403-8210
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ INTELLECTUAL 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. § 1332, 28 U.S.C. §§ 1441 and 1446
VI. CAUSE OF ACTION Brief description of cause:
Disputed insurance claim for property damage.
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
March 15, 2023 /s/ J. Mark Kressenberg
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
EXHIBIT 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

ANGELA COADY
Plaintiff,

CIVIL ACTION NO. 4:23-CV-00942

AMGUARD INSURANCE COMPANY,
Defendant.

DEFENDANT’S INDEX OF MATTERS BEING FILED

Pursuant to Rule 81 of the Local Rules of the United States District Court for the Southern

District of Texas, the following is an index of matters being filed in this case:

Notice of Removal

Index of Matters Being Filed

A copy of the Montgomery County District Clerk’s file for this case, including:
a. The docket sheet;
Plaintiff’s Original Petition;
c. Citation Served on AmGUARD Insurance Company; and
AmGUARD’s Original Answer.

List of Parties and Counsel

Respectfully submitted,

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above foregoing instrument has been
forwarded via e-filing pursuant to the Texas Rules of Civil Procedure on March 15, 2023.

/s/ Mark Kressenberg_______________________
Mark Kressenberg
EXHIBIT 2
EXHIBIT 3
EXHIBIT 3
EXHIBIT 3
EXHIBIT 3
EXHIBIT 3
EXHIBIT 3
EXHIBIT 4
EXHIBIT 4
EXHIBIT 5

CAUSE NO. 23-DCV-300669

ANGELA COADY IN THE DISTRICT COURT OF
Plaintiff,

FORT BEND COUNTY, TEXAS
AMGUARD INSURANCE COMPANY,
Defendant.
458TH JUDICIAL DISTRICT

DEFENDANT'S ORIGINAL ANSWER

Defendant AMGUARD INSURANCE COMPANY (“Defendant”) files this, its Original

Answer to Plaintiff’s Original Petition, and would respectfully show the Court as follows:

I. GENERAL DENIAL

1. Defendant generally denies the allegations contained in Plaintiff’s Original Petition

as authorized by Rule 92 of the Texas Rules of Civil Procedure. Additionally, Defendant

respectfully requests that Plaintiff be required to prove the charges and allegations made against

Defendant by a preponderance of the credible evidence, as is required by the Constitution and laws

of the state of Texas.

II. PRAYER

WHEREFORE Defendant AMGUARD INSURANCE COMPANY respectfully prays that

upon final hearing of this cause, the Court enter its Judgment that Plaintiff take nothing by way of

his claims and causes of action against Defendant, that all costs of court be assessed against

Plaintiff, and for such other and further relief, at law or in equity, as to which Defendant may show

itself to be justly entitled.

[Signatures on the next page]
EXHIBIT 5

Respectfully submitted,

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above foregoing instrument has been
forwarded via e-filing pursuant to the Texas Rules of Civil Procedure on March 1, 2023.

/s/ Mark Kressenberg_______________________
Mark Kressenberg
EXHIBIT 5
EXHIBIT 6

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

ANGELA COADY
Plaintiff,

CIVIL ACTION NO. 4:23-CV-00942

AMGUARD INSURANCE COMPANY,
Defendant.

AMGUARD INSURANCE COMPANY’S LIST OF PARTIES AND COUNSEL

Counsel for Plaintiff

Counsel for Defendant

J. Mark Kressenberg
State Bar No. 11725900
mkressenberg@thompsoncoe.com
Lauren Figaro
State Bar No. 24087510
lfigaro@thompsoncoe.com
HOMPSON, COE, COUSINS & IRONS, LLP
One Riverway, Suite 1400
Houston, Texas 77056
713-403-8210
713-403-8299 – Facsimile
EXHIBIT 6

Respectfully submitted,

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above foregoing instrument has been
forwarded via e-filing pursuant to the Texas Rules of Civil Procedure on March 15, 2023.

/s/ Mark Kressenberg_______________________
Mark Kressenberg

Case Info

Case No.

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Document Filed Date

March 15, 2023

Case Filing Date

January 25, 2023

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