Preview
FILED
12/7/2022 2:58 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-22-14818
JAN KRUK IN THE DISTRICT COURT
§§§§§§§§
Plaintiff
V.
AMERICAN BANKERS INSURANCE 134th JUDICIAL DISTRICT
COMPANY OF FLORIDA and GEICO
INSURANCE AGENCY, LLC,
Defendants. DALLAS COUNTY, TEXAS
NOTICE TO ADVERSE PARTIES OF REMOVAL TO FEDERAL COURT
TO: Plaintiff, Jan Kruk, by and through his counsel of record, Mark S. Humphreys
Texaslaw94@vahoo.com, MARK S. HUMPHREY, PC, 211 South Rusk Street,
Weatherford, TX 76086.
134th Judicial District Court, Dallas County, Texas.
PLEASE TAKE NOTICE that a Notice of Removal of this action was filed in the United
States District Court for the Northern District of Texas, Dallas Division on September 28, 2022.
A copy of the Notice of Removal is attached to this Notice as Exhibit “A” and is served and filed
herewith.
Respectfully submitted,
CAN TEY HANGER LLP
600 West 6th Street, Suite 300
Fort Worth, Texas 76102
Telephone: (817) 877-2800
Facsimile: (817) 877-2807
By: /s/ April F. Robbins
April F. Robbins
State Bar No. 16983470
arobbins@canteyhanger.com
ATTORNEYS FOR DEFENDANT
AMERICAN BANKERS INSURANCE
COMPANY OF FLORIDA
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was forwarded to
all counsel of record pursuant to the applicable Texas Rules of Civil Procedure as follows:
Mark S. Humphreys
Texaslaw94@vahoo.com
MARK S. HUMPHREY, PC
211 South Rusk Street
Weatherford, TX 76086
DATED December 7, 2022.
/s/April F. Robbins
April F. Robbins
Case 3:22-cv-02738-N Document 1 Filed 12/07/22 Page 1 of 5 PagelD 1
1N THE UNITED STATES DISTRICT
COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JAN KRUK, §
PLAINTIFF §
§
VS. §
§ CASE N0. 3:22-
AMERICAN BANKERS INSURANCE §
COMPANY 0F FLORIDA §
DEFENDANT §
DEFENDANT’S NOTICE OF REMOVAL T0 FEDERAL COURT
COMES NOW DEFENDANT AMERICAN BANKERS INSURANCE COMPANY OF
FLORIDA (“Defendant”), and hereby files its notice of removal to federal court, and as grounds
therefor would respectfully show as follows:
1. Plaintiff Jan Kruk (“Plaintiff”) filed suit on October 24, 2022, in the 134th Judicial
District Court of Dallas County, Texas, Cause No. DC-22-14818 (the "State Court Suit"). The
State Court Suit was served on Defendant on November 10, 2022, via certified mail which was
post-marked November 10, 2022.1 In accordance with 28 U.S.C. §1446(a), a true and correct
copy of all processes, pleadings and orders, as far as known to Defendant in such action, are
attached to the Notice of Removal and are made a part hereof as if fully set forth. The State
Court Suit is a dispute over coverage and amount of losses under an insurance policy, and the
Plaintiff alleges breach of contract and violations of the Insurance Code, and breach of the duty
of good faith and fair dealing.
2. There is jurisdiction over this removed action pursuant to 28 U.S.C. §1441. The
Court has diversity jurisdiction pursuant to 28 U.S.C. §1332. Diversity of citizenship exists
1
Return of Service of Process, (App 021-023).
Page 1
EXHIBIT A
Case 3:22-cv-02738-N Document 1 Filed 12/07/22 Page 2 of 5 PageID 2
between plaintiff, a citizen of the state of Texas and American Bankers Insurance Company of
Florida, a company formed under the laws of Florida and domiciled in Florida. The amount in
controversy exceeds the sum of $75,000.00 exclusive of interest and costs.
AMOUNT IN CONTROVERSY
3. Defendant would show that the minimum jurisdictional limits of this Court have
also been met because the amount in controversy exceeds $75,000. A defendant may perfect a
notice of removal based on allegations in the pleadings or facts in the notice. Chapman v.
Powermatic, Inc., 969 F.2d 160, 163 n. 6 (5th Cir. 1992).
4. Plaintiff seeks attorneys’ fees. Potential attorneys’ fees should be considered
when calculating the amount in controversy. St. Paul Reinsurance v. Greenberg, 134 F.3d 1250,
1253 (5th Cir. 1998).
5. All of the figures below are derived from allegations in Plaintiff’s Original
Petition and which conclusively show that the amount in controversy exceeds the jurisdictional
limit of this Court.
6. Specifically, Plaintiff alleges in his petition that “Plaintiff seeks only monetary
relief of $250,000 or less”2 and “$113,273.42 — actual damages.”
REMOVAL
7. Plaintiff filed the State Court Suit on October 24, 2022. The State Court Suit was
served on Defendant on November 10, 2022, via certified mail which was post-marked
November 10, 2022. The Notice of Removal was filed in the United States District Court for the
Northern District of Texas, Dallas Division, pursuant to 28 U.S.C. § 124(b)(2), within thirty (30)
2
Plaintiff’ s Original Petition, 111, (App 010).
3
Plaintiff’ s Original Petition, 1142a, (App 014).
Page 2
Case 3:22-cv-02738-N Document 1 Filed 12/07/22 Page 3 of 5 PageID 3
days from the date that Defendant was served a copy of Plaintiff’s Original Petition, from which
Defendant first determined that the State Court Suit was removable.
8. Pursuant to 28 U.S.C. §1446(d), Defendant promptly, after the filing of the Notice
of Removal, will give written notice to all adverse parties and file a copy of the Notice with the
District Clerk of Dallas County, Texas.
EXHIBITS T0 REMOVAL
9. Pursuant to Rule CV-81 of the Local Civil Rules for the Northern District of
Texas, the following documents were attached to the Notice of Removal and are incorporated
herein as if further set forth:
1. Civil Cover Sheet (App 001-002);
2. Supplemental Civil Cover Sheet (App 003 -004);
3. If there is a “related case,” as defined by LR 3.3(b)(3) or (b)(4), a notice of related
case that complied with LR 3.3(a);
4. Docket Sheet in the state court action (App 005-008);
5. Index of Documents Filed in State Court Action (App 009);
a. Plaintiffs Original Petition (App 010-016);
b. Citation - American Bankers Insurance Company of Florida (App 017-018);
c. Citation — Geico Insurance Agency, LLC (App 019-020);
d. Return of Service — American Bankers Insurance Company of Florida (App
021-023);
e. Defendant American Bankers Insurance Company of Florida’s Original
Answer, Affirmative Defenses, Motion to Designate Responsible Third
Parties and Request for Declaratory Judgment (App 024-030);
6. List of parties and attorneys involved in the action being removed, including each
attorneys’ bar number, address, telephone number, and party or parties
represented by that attorney; (App 031-032);
7. There are no orders signed by the state court judge;
Page 3
Case 3:22-cv-02738-N Document 1 Filed 12/07/22 Page 4 of 5 PageID 4
8. No return of service has been filed with the state court at this time regarding
Geico Insurance Agency, LLC, but Defendant has supplied the return of service
for American Bankers Insurance Company of Florida (App.021-023); and
9. Policy REN 0595584 [11/01/20 — 11/01/21] (App 033-073).
CONCLUSION
10. Plaintiff has demanded a jury in the State Court Suit.
11. The undersigned represents the defendant.
12. The events giving rise to this suit occurred in Dallas County, Texas, which is in
the Northern District of Texas, Dallas Division, of the United States District Court, and was
removed to this Court pursuant to 28 U.S.C. § 1446(a) and 28 U.S.C. § 124(b)(2).
13. The Notice of Removal was filed in the United States District Court for the
Northern District of Texas, Dallas Division, within thirty days from the date that Defendant was
served a copy of Plaintiff’s Original Petition, from which defendant first determined that the
State Court Suit was removable.
Respectfully submitted,
CAN TEY HANGER LLP
600 West 6th Street, Suite 300
Fort Worth, Texas 76102
Telephone: (817) 877-2800
Facsimile: (817) 877-2807
By: /s/ April F. Robbins
April F. Robbins
State Bar No. 16983470
arobbins@canteyhanger.com
ATTORNEYS FOR DEFENDANT
AMERICAN BANKERS INSUMNCE
COMPANY OF FLORIDA
Page 4
Case 3:22-cv-02738-N Document 1 Filed 12/07/22 Page 5 of 5 PageID 5
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was forwarded to
all counsel of record pursuant to the applicable Federal Rules of Civil Procedure as follows:
Mark S. Humphreys
Texaslaw94@vahoo.com
MARK S. HUMPHREY, PC
211 South Rusk Street
Weatherford, TX 76086
DATED: December 7, 2022.
/s/April F. Robbins
April F. Robbins
Page 5
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.
Vickie Naylor on behalf of April Robbins
Bar No. 16983470
vnaylor@canteyhanger.com
Envelope ID: 70794270
Status as of 12/8/2022 9:09 AM CST
Associated Case Party: AMERICAN BANKERS INSURANCE COMPANY OF
FLORIDA
Name BarNumber Email TimestampSubmitted Status
Vickie V.Naylor vnaylor@canteyhanger.com 12/7/2022 2:58:12 PM SENT
April Robbins arobbins@canteyhanger.com 12/7/2022 2:58:12 PM SENT
Amanda Nail anail@canteyhanger.com 12/7/2022 2:58:12 PM SENT
Chad Robbins crobbins@canteyhanger.com 12/7/2022 2:58:12 PM SENT
Associated Case Party: JAN KRUK
Name BarNumber Email TimestampSubmitted Status
MARK HUMPHREYS texaslaw94@yahoo.com 12/7/2022 2:58:12 PM ERROR
Preview
FILED 12/7/2022 2:58 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-22-14818 JAN KRUK IN THE DISTRICT COURT §§§§§§§§ Plaintiff V. AMERICAN BANKERS INSURANCE 134th JUDICIAL DISTRICT COMPANY OF FLORIDA and GEICO INSURANCE AGENCY, LLC, Defendants. DALLAS COUNTY, TEXAS NOTICE TO ADVERSE PARTIES OF REMOVAL TO FEDERAL COURT TO: Plaintiff, Jan Kruk, by and through his counsel of record, Mark S. Humphreys Texaslaw94@vahoo.com, MARK S. HUMPHREY, PC, 211 South Rusk Street, Weatherford, TX 76086. 134th Judicial District Court, Dallas County, Texas. PLEASE TAKE NOTICE that a Notice of Removal of this action was filed in the United States District Court for the Northern District of Texas, Dallas Division on September 28, 2022. A copy of the Notice of Removal is attached to this Notice as Exhibit “A” and is served and filed herewith. Respectfully submitted, CAN TEY HANGER LLP 600 West 6th Street, Suite 300 Fort Worth, Texas 76102 Telephone: (817) 877-2800 Facsimile: (817) 877-2807 By: /s/ April F. Robbins April F. Robbins State Bar No. 16983470 arobbins@canteyhanger.com ATTORNEYS FOR DEFENDANT AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was forwarded to all counsel of record pursuant to the applicable Texas Rules of Civil Procedure as follows: Mark S. Humphreys Texaslaw94@vahoo.com MARK S. HUMPHREY, PC 211 South Rusk Street Weatherford, TX 76086 DATED December 7, 2022. /s/April F. Robbins April F. Robbins Case 3:22-cv-02738-N Document 1 Filed 12/07/22 Page 1 of 5 PagelD 1 1N THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JAN KRUK, § PLAINTIFF § § VS. § § CASE N0. 3:22- AMERICAN BANKERS INSURANCE § COMPANY 0F FLORIDA § DEFENDANT § DEFENDANT’S NOTICE OF REMOVAL T0 FEDERAL COURT COMES NOW DEFENDANT AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA (“Defendant”), and hereby files its notice of removal to federal court, and as grounds therefor would respectfully show as follows: 1. Plaintiff Jan Kruk (“Plaintiff”) filed suit on October 24, 2022, in the 134th Judicial District Court of Dallas County, Texas, Cause No. DC-22-14818 (the "State Court Suit"). The State Court Suit was served on Defendant on November 10, 2022, via certified mail which was post-marked November 10, 2022.1 In accordance with 28 U.S.C. §1446(a), a true and correct copy of all processes, pleadings and orders, as far as known to Defendant in such action, are attached to the Notice of Removal and are made a part hereof as if fully set forth. The State Court Suit is a dispute over coverage and amount of losses under an insurance policy, and the Plaintiff alleges breach of contract and violations of the Insurance Code, and breach of the duty of good faith and fair dealing. 2. There is jurisdiction over this removed action pursuant to 28 U.S.C. §1441. The Court has diversity jurisdiction pursuant to 28 U.S.C. §1332. Diversity of citizenship exists 1 Return of Service of Process, (App 021-023). Page 1 EXHIBIT A Case 3:22-cv-02738-N Document 1 Filed 12/07/22 Page 2 of 5 PageID 2 between plaintiff, a citizen of the state of Texas and American Bankers Insurance Company of Florida, a company formed under the laws of Florida and domiciled in Florida. The amount in controversy exceeds the sum of $75,000.00 exclusive of interest and costs. AMOUNT IN CONTROVERSY 3. Defendant would show that the minimum jurisdictional limits of this Court have also been met because the amount in controversy exceeds $75,000. A defendant may perfect a notice of removal based on allegations in the pleadings or facts in the notice. Chapman v. Powermatic, Inc., 969 F.2d 160, 163 n. 6 (5th Cir. 1992). 4. Plaintiff seeks attorneys’ fees. Potential attorneys’ fees should be considered when calculating the amount in controversy. St. Paul Reinsurance v. Greenberg, 134 F.3d 1250, 1253 (5th Cir. 1998). 5. All of the figures below are derived from allegations in Plaintiff’s Original Petition and which conclusively show that the amount in controversy exceeds the jurisdictional limit of this Court. 6. Specifically, Plaintiff alleges in his petition that “Plaintiff seeks only monetary relief of $250,000 or less”2 and “$113,273.42 — actual damages.” REMOVAL 7. Plaintiff filed the State Court Suit on October 24, 2022. The State Court Suit was served on Defendant on November 10, 2022, via certified mail which was post-marked November 10, 2022. The Notice of Removal was filed in the United States District Court for the Northern District of Texas, Dallas Division, pursuant to 28 U.S.C. § 124(b)(2), within thirty (30) 2 Plaintiff’ s Original Petition, 111, (App 010). 3 Plaintiff’ s Original Petition, 1142a, (App 014). Page 2 Case 3:22-cv-02738-N Document 1 Filed 12/07/22 Page 3 of 5 PageID 3 days from the date that Defendant was served a copy of Plaintiff’s Original Petition, from which Defendant first determined that the State Court Suit was removable. 8. Pursuant to 28 U.S.C. §1446(d), Defendant promptly, after the filing of the Notice of Removal, will give written notice to all adverse parties and file a copy of the Notice with the District Clerk of Dallas County, Texas. EXHIBITS T0 REMOVAL 9. Pursuant to Rule CV-81 of the Local Civil Rules for the Northern District of Texas, the following documents were attached to the Notice of Removal and are incorporated herein as if further set forth: 1. Civil Cover Sheet (App 001-002); 2. Supplemental Civil Cover Sheet (App 003 -004); 3. If there is a “related case,” as defined by LR 3.3(b)(3) or (b)(4), a notice of related case that complied with LR 3.3(a); 4. Docket Sheet in the state court action (App 005-008); 5. Index of Documents Filed in State Court Action (App 009); a. Plaintiffs Original Petition (App 010-016); b. Citation - American Bankers Insurance Company of Florida (App 017-018); c. Citation — Geico Insurance Agency, LLC (App 019-020); d. Return of Service — American Bankers Insurance Company of Florida (App 021-023); e. Defendant American Bankers Insurance Company of Florida’s Original Answer, Affirmative Defenses, Motion to Designate Responsible Third Parties and Request for Declaratory Judgment (App 024-030); 6. List of parties and attorneys involved in the action being removed, including each attorneys’ bar number, address, telephone number, and party or parties represented by that attorney; (App 031-032); 7. There are no orders signed by the state court judge; Page 3 Case 3:22-cv-02738-N Document 1 Filed 12/07/22 Page 4 of 5 PageID 4 8. No return of service has been filed with the state court at this time regarding Geico Insurance Agency, LLC, but Defendant has supplied the return of service for American Bankers Insurance Company of Florida (App.021-023); and 9. Policy REN 0595584 [11/01/20 — 11/01/21] (App 033-073). CONCLUSION 10. Plaintiff has demanded a jury in the State Court Suit. 11. The undersigned represents the defendant. 12. The events giving rise to this suit occurred in Dallas County, Texas, which is in the Northern District of Texas, Dallas Division, of the United States District Court, and was removed to this Court pursuant to 28 U.S.C. § 1446(a) and 28 U.S.C. § 124(b)(2). 13. The Notice of Removal was filed in the United States District Court for the Northern District of Texas, Dallas Division, within thirty days from the date that Defendant was served a copy of Plaintiff’s Original Petition, from which defendant first determined that the State Court Suit was removable. Respectfully submitted, CAN TEY HANGER LLP 600 West 6th Street, Suite 300 Fort Worth, Texas 76102 Telephone: (817) 877-2800 Facsimile: (817) 877-2807 By: /s/ April F. Robbins April F. Robbins State Bar No. 16983470 arobbins@canteyhanger.com ATTORNEYS FOR DEFENDANT AMERICAN BANKERS INSUMNCE COMPANY OF FLORIDA Page 4 Case 3:22-cv-02738-N Document 1 Filed 12/07/22 Page 5 of 5 PageID 5 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was forwarded to all counsel of record pursuant to the applicable Federal Rules of Civil Procedure as follows: Mark S. Humphreys Texaslaw94@vahoo.com MARK S. HUMPHREY, PC 211 South Rusk Street Weatherford, TX 76086 DATED: December 7, 2022. /s/April F. Robbins April F. Robbins Page 5 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. Vickie Naylor on behalf of April Robbins Bar No. 16983470 vnaylor@canteyhanger.com Envelope ID: 70794270 Status as of 12/8/2022 9:09 AM CST Associated Case Party: AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA Name BarNumber Email TimestampSubmitted Status Vickie V.Naylor vnaylor@canteyhanger.com 12/7/2022 2:58:12 PM SENT April Robbins arobbins@canteyhanger.com 12/7/2022 2:58:12 PM SENT Amanda Nail anail@canteyhanger.com 12/7/2022 2:58:12 PM SENT Chad Robbins crobbins@canteyhanger.com 12/7/2022 2:58:12 PM SENT Associated Case Party: JAN KRUK Name BarNumber Email TimestampSubmitted Status MARK HUMPHREYS texaslaw94@yahoo.com 12/7/2022 2:58:12 PM ERROR