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CAUSE NO. 23-06-08232
TAYLOR PRICE IN THE DISTRICT COURT OF
Vv MONTGOMERY COUNTY, TEXAS
SPINNAKER INSURANCE COMPANY 457" JUDICIAL DISTRICT
NOTICE OF FILING NOTICE OF REMOVAL
PLEASE TAKE NOTICE that Defendant SPINNAKER INSURANCE COMPANY has on
July 18, 2023 filed a Notice of Removal in the United States District Court for the Southern District
of Texas, Houston Division, attached hereto as Exhibit A.
Dated: July 28, 2023
Respectfully submitted,
THE HupGIns LAW FIRM
A PROFESSIONAL CORPORATION
_—_——_
a
By Y
Steven F. Hudgins
State Bar Number 00793993
shi udgins(@hudgins-law.com
24 Greenway Plaza, Suite 2000
Houston, Texas 77046
Telephone (713) 623-2550
Facsimile (713) 623-2793
ATTORNEYS FOR DEFENDANT
Minute
28th of July, 2023
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Notice of Filing Notice of Removal was
served on the following counsel of record:
Chad T. Wilson
G. Brandon Schilter
Chad T. Wilson Law Firm, PLLC
455 E Medical Center Blvd, Ste 555
Webster, Texas 77598
Telephone: (832) 415-1432
Facsimile: (281) 940-2137
eservice@cwilsonlaw.com
cwilson@cwilsonlaw.com
bschilter@cwilsonlaw.com
via e-service and/or facsimile on the 28" day of July 2023.
Steven F. Hudgins
Minute
28th of July, 2023
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TAYLOR PRICE
Plaintiff,
CIVIL ACTION NO. a
SPINNAKER INSURANCE On removal from the
COMPANY Judicial District Court of
Montgomery County, Texas
Defendant. Cause No.
DEFENDANT SPINNAKER INSURANCE COMPANY’S NOTICE OF REMOVAL
Pursuantto 28 U.S.C. §§ 1332, 1441(a) and (b), and 1446, Defendant, Spinnaker Insurance
Company Spinnaker this Notice of Removal of this action from the Judicial District
Court of Montgomery County, Texas to the United States District Court for the Souther District
of Texas, Division In support of this removal, Spinnaker as follows:
INTRODUCTION
Spinnaker issued a Texas Homeowners’ Insurance Policy to Taylor Price
(‘Plaintiff’). Plaintiff own the insured property, located at 24 Mellow Leaf Court, Spring, Texas
(“the Property”). Plaintiff allege damage to the Property due to wind/hailstorm which
occurred on or about June 27, 2022 Plaintiff submitted a claim to Spinnaker against the policy
for damages to the Property as a result of the incident
June 8, 2023 Plaintiff filed suit against Spinnaker Judicial District
Court of Montgomery County, Cause No. , Styled Taylor Price v. Spinnaker
Spinnaker files this Notice of Removal without waiver of any claims or defenses including, but not limited to, any
objection to this Court’s assertion of personal jurisdiction over Spinnaker in this matter. See, e.g., Alliantgroup, L.P.
v. Feingold, No. H 0479, 2009 WL 1109093, at *6 (S.D. Tex. April 24, 2009) (personal jurisdiction objection
may be raised after removal).
Minute
Exhibit A 28th of July, 2023
Insurance Company XHIBIT B). Plaintiff served Spinnaker with the petition on or about June
20, 2023. Plaintiff's Original Petition alleges breach of contract, violations of the Texas
Insurance Code, violations of the Texas Deceptive Trade Practices Act (DTPA), negligence, fraud,
and breach of the duty of good faith and fair dealing Plaintiff request monetary relief of more
than $ ,000 but not more than July 10, 2023 Spinnaker filed an answer
and jury demand. ( XHIBIT
This Court has original subject matter jurisdiction over this case under 28 U.S.C. §
1332. Plaintiff reside Montgomery County, Texas, rendering him a citizen of the State of
Texas. ( XHIBIT B). Spinnaker incorporated in the State of West Virgini , with its principal
place of business in the State of New Jersey. ( XHIBIT Plaintiff diverse in citizenship
from Spinnaker
Regarding the amount in controversy, Plaintiffs’ petition seeks to recover
monetary relief over $250,000 but not more than $1,000,000, including damages of any kind,
penalties, costs, expenses, pre judgment interest, and attorneys’ fees. ( XHIBIT As such the
amount in controversy exceed U.S.C. (a)
BASIS FOR REMOVAL
Pursuantto 28 U.S.C. § 1332, this action could have been filed in this Court in that
there is complete diversity of citizenship between Plaintiff and Spinnaker and the amount in
controversy exceeds $75,000.
Complete Diversity of Citizenship Exists Between Plaintiff and Spinnaker
Plaintiff reside in Montgomery County, Texas, rendering him a citizen of the State
of Texas. ( XHIBIT Spinnaker is incorporated in the State of West Virginia. ( XHIBIT )
Spinnaker’s principal place of business in Bedminster, New Jersey
Minute
Exhibit A 28th of July, 2023
Plaintiff Request_an Amount in Excess of the Jurisdictional Minimum.
In addition to the citizenship requirements, 28 U.S.C. § 1332(a) provides that the
“district court shall have original jurisdiction of all civil actions where the matter in controversy
exceeds the sum or value of $75,000...
Plaintiffs Original Petition alleges damages of between $ ,000 and $1,000,000
XHIBIT Plaintiff allege exemplary and treble damages based on violations of the Texas
Insurance Code, DTPA, and breach of the duty of good faith and fair dealing Therefore, the
amount in controversy is greater than $75,000
All Other Requirements for Removal Have Been Satisfied.
This Notice of Removal is timely pursuantto 28 U.S.C. § 1446(b) because it is filed
within thirty days of the date on which Spinnaker was served with the Petition. ( XHIBIT
Through the filing of this Notice of Removal, Spinnaker expressly reserve , and not waive,
any defenses relating to service of process including, but not limited to, insufficient process or
insufficient service of process. See Padre Nterprises, Inc. v. Rhea, 2012 WL 1072849, No.
4:11CV 674, at *1 (E.D. Tex. Mar. 29, 2012) (defense of improper service is not waived through
filing of notice of removal).
Spinnaker sought no similar relief with respect to this matter.
Venue is proper in this district under 28 U.S.C. § 1446(a) because this district and
division embrace the place in which the removed action has been pending.
The prerequisites for removal under 28 U.S.C. § 1441 have been met.
A Notice of Filing Notice of Removal, with a copy of this Notice of Removal
attached, will promptly be filed with the District Clerk Montgomery County, Texas.
Minute
Exhibit A 28th of July, 2023
Written notice of the filing of this Notice of Removal will be given to the adverse
party as required by law.
In accordance with 28 U.S.C. § 1446 and Local Rule 81, Spinnaker attaches the
following documents as exhibits:
Civil Cover Sheet;
Index of Matters Being Filed ( XHIBIT
Citation of Service on Defendant Spinnaker Insurance Company and
Plaintiffs Original Petition XHIBIT
Defendant’s Original Answer and Notice of Application for Jury Trial
XHIBIT
West Virginia Secretary of State Online Report for Spinnaker Insurance
Company ( XHIBIT D);
Docket Sheet ( XHIBIT and
vii. List of counsel of record and certificate of interested parties XHIBIT
The allegations this Notice of Removal are true and correct, this cause is within
the jurisdiction of the United States District Court for the Southern District of Texas, and this cause
is removable to the United States District Court for the Souther District of Texas.
The undersigned represents Spinnaker in this matter.
If any questions arise regarding the propriety of the removal of this action,
Spinnaker requests the opportunity to present a brief and oral argument in support of its position
that this case is removable
Minute
Exhibit A 28th of July, 2023
Respectfully submitted
HE UDGINS IRM P.C.
By /s/ Steven F. Hudgins
Steven F. Hudgins
Attomey in Charge
State Bar Number 00793993
Southern District Bar No. 19623
24 Greenway Plaza, Suite 2000
Houston, Texas 77046
Telephone (713) 623 2550
Facsimile (713) 623 2793
udgins@ hudgins law.com
TTORNEYSFOR EFENDAN
PINNAKER OMPANY
Minute
Exhibit A 28th of July, 2023
CERTIFICATE OF SERVICE
Pursuant to the Administrative Procedures for Electronic Filing in Civil and Criminal
Cases, United States District Court, Souther District of Texas, I certify that service of Defendant
Spinnaker Insurance Company’s Notice of Removal on known Filing Users will be automatically
accomplished through the Notice of Electronic Filing on 2023
s/ Steven F. Hudgins —----- +
Steven F. Hudgins
Minute
Exhibit A 28th of July, 2023
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CAUSE NO. 23-06-08232 TAYLOR PRICE IN THE DISTRICT COURT OF Vv MONTGOMERY COUNTY, TEXAS SPINNAKER INSURANCE COMPANY 457" JUDICIAL DISTRICT NOTICE OF FILING NOTICE OF REMOVAL PLEASE TAKE NOTICE that Defendant SPINNAKER INSURANCE COMPANY has on July 18, 2023 filed a Notice of Removal in the United States District Court for the Southern District of Texas, Houston Division, attached hereto as Exhibit A. Dated: July 28, 2023 Respectfully submitted, THE HupGIns LAW FIRM A PROFESSIONAL CORPORATION _—_——_ a By Y Steven F. Hudgins State Bar Number 00793993 shi udgins(@hudgins-law.com 24 Greenway Plaza, Suite 2000 Houston, Texas 77046 Telephone (713) 623-2550 Facsimile (713) 623-2793 ATTORNEYS FOR DEFENDANT Minute 28th of July, 2023 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Notice of Filing Notice of Removal was served on the following counsel of record: Chad T. Wilson G. Brandon Schilter Chad T. Wilson Law Firm, PLLC 455 E Medical Center Blvd, Ste 555 Webster, Texas 77598 Telephone: (832) 415-1432 Facsimile: (281) 940-2137 eservice@cwilsonlaw.com cwilson@cwilsonlaw.com bschilter@cwilsonlaw.com via e-service and/or facsimile on the 28" day of July 2023. Steven F. Hudgins Minute 28th of July, 2023 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION TAYLOR PRICE Plaintiff, CIVIL ACTION NO. a SPINNAKER INSURANCE On removal from the COMPANY Judicial District Court of Montgomery County, Texas Defendant. Cause No. DEFENDANT SPINNAKER INSURANCE COMPANY’S NOTICE OF REMOVAL Pursuantto 28 U.S.C. §§ 1332, 1441(a) and (b), and 1446, Defendant, Spinnaker Insurance Company Spinnaker this Notice of Removal of this action from the Judicial District Court of Montgomery County, Texas to the United States District Court for the Souther District of Texas, Division In support of this removal, Spinnaker as follows: INTRODUCTION Spinnaker issued a Texas Homeowners’ Insurance Policy to Taylor Price (‘Plaintiff’). Plaintiff own the insured property, located at 24 Mellow Leaf Court, Spring, Texas (“the Property”). Plaintiff allege damage to the Property due to wind/hailstorm which occurred on or about June 27, 2022 Plaintiff submitted a claim to Spinnaker against the policy for damages to the Property as a result of the incident June 8, 2023 Plaintiff filed suit against Spinnaker Judicial District Court of Montgomery County, Cause No. , Styled Taylor Price v. Spinnaker Spinnaker files this Notice of Removal without waiver of any claims or defenses including, but not limited to, any objection to this Court’s assertion of personal jurisdiction over Spinnaker in this matter. See, e.g., Alliantgroup, L.P. v. Feingold, No. H 0479, 2009 WL 1109093, at *6 (S.D. Tex. April 24, 2009) (personal jurisdiction objection may be raised after removal). Minute Exhibit A 28th of July, 2023 Insurance Company XHIBIT B). Plaintiff served Spinnaker with the petition on or about June 20, 2023. Plaintiff's Original Petition alleges breach of contract, violations of the Texas Insurance Code, violations of the Texas Deceptive Trade Practices Act (DTPA), negligence, fraud, and breach of the duty of good faith and fair dealing Plaintiff request monetary relief of more than $ ,000 but not more than July 10, 2023 Spinnaker filed an answer and jury demand. ( XHIBIT This Court has original subject matter jurisdiction over this case under 28 U.S.C. § 1332. Plaintiff reside Montgomery County, Texas, rendering him a citizen of the State of Texas. ( XHIBIT B). Spinnaker incorporated in the State of West Virgini , with its principal place of business in the State of New Jersey. ( XHIBIT Plaintiff diverse in citizenship from Spinnaker Regarding the amount in controversy, Plaintiffs’ petition seeks to recover monetary relief over $250,000 but not more than $1,000,000, including damages of any kind, penalties, costs, expenses, pre judgment interest, and attorneys’ fees. ( XHIBIT As such the amount in controversy exceed U.S.C. (a) BASIS FOR REMOVAL Pursuantto 28 U.S.C. § 1332, this action could have been filed in this Court in that there is complete diversity of citizenship between Plaintiff and Spinnaker and the amount in controversy exceeds $75,000. Complete Diversity of Citizenship Exists Between Plaintiff and Spinnaker Plaintiff reside in Montgomery County, Texas, rendering him a citizen of the State of Texas. ( XHIBIT Spinnaker is incorporated in the State of West Virginia. ( XHIBIT ) Spinnaker’s principal place of business in Bedminster, New Jersey Minute Exhibit A 28th of July, 2023 Plaintiff Request_an Amount in Excess of the Jurisdictional Minimum. In addition to the citizenship requirements, 28 U.S.C. § 1332(a) provides that the “district court shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000... Plaintiffs Original Petition alleges damages of between $ ,000 and $1,000,000 XHIBIT Plaintiff allege exemplary and treble damages based on violations of the Texas Insurance Code, DTPA, and breach of the duty of good faith and fair dealing Therefore, the amount in controversy is greater than $75,000 All Other Requirements for Removal Have Been Satisfied. This Notice of Removal is timely pursuantto 28 U.S.C. § 1446(b) because it is filed within thirty days of the date on which Spinnaker was served with the Petition. ( XHIBIT Through the filing of this Notice of Removal, Spinnaker expressly reserve , and not waive, any defenses relating to service of process including, but not limited to, insufficient process or insufficient service of process. See Padre Nterprises, Inc. v. Rhea, 2012 WL 1072849, No. 4:11CV 674, at *1 (E.D. Tex. Mar. 29, 2012) (defense of improper service is not waived through filing of notice of removal). Spinnaker sought no similar relief with respect to this matter. Venue is proper in this district under 28 U.S.C. § 1446(a) because this district and division embrace the place in which the removed action has been pending. The prerequisites for removal under 28 U.S.C. § 1441 have been met. A Notice of Filing Notice of Removal, with a copy of this Notice of Removal attached, will promptly be filed with the District Clerk Montgomery County, Texas. Minute Exhibit A 28th of July, 2023 Written notice of the filing of this Notice of Removal will be given to the adverse party as required by law. In accordance with 28 U.S.C. § 1446 and Local Rule 81, Spinnaker attaches the following documents as exhibits: Civil Cover Sheet; Index of Matters Being Filed ( XHIBIT Citation of Service on Defendant Spinnaker Insurance Company and Plaintiffs Original Petition XHIBIT Defendant’s Original Answer and Notice of Application for Jury Trial XHIBIT West Virginia Secretary of State Online Report for Spinnaker Insurance Company ( XHIBIT D); Docket Sheet ( XHIBIT and vii. List of counsel of record and certificate of interested parties XHIBIT The allegations this Notice of Removal are true and correct, this cause is within the jurisdiction of the United States District Court for the Southern District of Texas, and this cause is removable to the United States District Court for the Souther District of Texas. The undersigned represents Spinnaker in this matter. If any questions arise regarding the propriety of the removal of this action, Spinnaker requests the opportunity to present a brief and oral argument in support of its position that this case is removable Minute Exhibit A 28th of July, 2023 Respectfully submitted HE UDGINS IRM P.C. By /s/ Steven F. Hudgins Steven F. Hudgins Attomey in Charge State Bar Number 00793993 Southern District Bar No. 19623 24 Greenway Plaza, Suite 2000 Houston, Texas 77046 Telephone (713) 623 2550 Facsimile (713) 623 2793 udgins@ hudgins law.com TTORNEYSFOR EFENDAN PINNAKER OMPANY Minute Exhibit A 28th of July, 2023 CERTIFICATE OF SERVICE Pursuant to the Administrative Procedures for Electronic Filing in Civil and Criminal Cases, United States District Court, Souther District of Texas, I certify that service of Defendant Spinnaker Insurance Company’s Notice of Removal on known Filing Users will be automatically accomplished through the Notice of Electronic Filing on 2023 s/ Steven F. Hudgins —----- + Steven F. Hudgins Minute Exhibit A 28th of July, 2023