Case 4:11-cv-03353 Document 1

Filed in TXSD on 09/13/11 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
WHY NADA CRUZ,LLC, alWaWHY NOT CRUISE and GREG ANDERSON, Plaintiffs,
$ $

C.A. NO.

ACE AMERICAN INSURANCE COMPANY Defendant.

NOTICE OF REMOVAL
COMES NOW, Defendant ACE American Insurance Company ("ACE") and hereby
gives notice of the removal of this action from the 151't Judicial District Court of Harris County, Texas to the United States District Court for the Southern District of Texas.

1.

On August 10, 2011, Why Nada Cruz, LLC, and Greg Anderson (collectively

"Plaintiffs") filed an Original Petition in the 151't Judicial District Court of Harris County,
Texas. ln their Petition, Plaintiffs named ACE American Insurance Company ("ACE") as the
sole Defendan:. See Ex. B, Pls.' Orig. Pet. Plaintiff served ACE with a copy of the Petition on

August 15,2011.

2.

On September 6,2011, Defendant ACE American Insurance Company filed its Answer

to Plaintiffs' Original Petition and its Counterclaim. See Ex. B, Def.'s Ans. Pls.' Orig. Pet. &
Counterclaim.

3.

The dispute between the parties essentially involves whether ACE is obligated to

reimburse Plaintiffs under the terms of a marine insurance policy for damages incurred when the vessel Sweet Dreams sank. ,See Ex. B, Pls.' Orig. Pet. at 2. In their Original Petition, Plaintiffs
assert claims for breach

of contract, violations of the Texas Insurance Code, breach of the duty of

Case 4:11-cv-03353 Document 1

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good faith and fair dealing, and for the recovery of attorney's fees. SeeEx. B Pls.' Orig. Pet. at

2-6.

4.

All

pleadings, process, orders, and other filings served upon Defendant in the state court

action are attached to this Notice as required by 28 U.S.C. $ 1aa6(a). A copy of this Notice is concurrently being filed with the state court and served upon Plaintiffs.

5.

Defendant files this Notice of Removal within 30 days of being served with Plaintiffs'

initial pleading and within one year of the commencement of this action in accordance with 28

u.s.c. $ 1446(b).

6. 7. 8.

Venue is proper in this Court under 28 U.S.C. $ laal(a) because this district and division

include Harris County, Texas, the place where the removed state court action is pending.

Plaintiffs have not requested atnal by jnry.

Basis for Removal

Removal is proper because there is complete diversity amongst the parties. See 28 U.S'C.

g1332(a), $1441,

& $i446(b); Exxon Corp. v. Duval County Ranch Co.,406 F. Supp.

1367 (S.D.

Tex. 1975).

g.

Plaintiff Greg Anderson is, and was at the time the lawsuit was filed,

a resident

of Texas.

SeeEx. B, Pls.' Orig. Pet. at 1.

10. 11.

Plaintiff WhyNada Cruz, LLC is, and was at the time the lawsuit was filed, a Texas

Limited Liability Company. See Ex. B, Pls.' Orig. Pet. at 1.

Defendant, ACE American Insurance Company is, and was at the time the lawsuit was

filed, an insurance company incorporated under the laws of the State of Pennsylvania, with its
principal place of business in Philadelphia, Pennsylvania. SeeEx. B, Def.'s Ans. Pls.' Orig. Pet.

& Counterclaim

at 3.

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12.

This is a civil action in which the amount in controversy exceeds $75,000.00, excluding

interests and costs pursuant to 28 U.S.C. $1332(a). Plaintiffs seek $330,000.00 in connection

with their breach of contract claim, statutory damages under the Texas Insurance Code,
attorney's fees. Se Ex. B, Pls.' Orig. Pet. at 6.

and

13.

Accordingly, all requirements are met for removal under 28 U.S.C. $1332 & $1441.

WHEREFORE, PREMISES CONSIDERED, Defendant ACE AMETiCAN

INSUTANCC

Company notifies this Court of the removal of this action from the 15l't Judicial District Court

of

Harris County, Texas to the United States District Court for the Southern District of Texas. Respectfully submitted,

BROWN SIMS, P.C.

/s/ Allen D. Hemphill Allen D. Hemphill Attorney-In-Charge Texas BarNo. 00796740 Southern District No. 35337 1177 West Loop South, Tenth Floor Houston, Texas 77 027 -9007 Tel: (713) 629-1s80 Fax: (713) 629-5027

ATTORNEYS FOR DEFENDANT, ACE AMERICAN INSURANCE COMPANY

OF COUNSEL:

BROWN SIMS, P.C.

Jason C. Mclaurin Texas Bar No. 24060268 Southern District No. 1061901 1177 West Loop South, Tenth Floor Houston, Texas 77 027 -9007 Tel: (713) 629-1s80 Fax: (713) 629-5021

Case 4:11-cv-03353 Document 1

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CERTIFICATE OF SERVICE
hereby certify that on September 13,2011, a true and correct copy of the foregoing document has been served on counsel of record in accordance with the Federal Rules of Civil

Procedure.

Mark A. Rubal Jason Keith

'Waldron

Via Fcsimile: 281-488-4597

& Schneider, L.L.P.

1 5 1 50 Middlebrook Drive Houston, Texas 11058 Attorneys for Plaintffi

/s/ Allen D. Hemphill Allen D. Hemphill Jason C. Mclaurin