Case 4:14-cv-01033 Document 1 Filed in TXSD on 04/15/14 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SATTERFIELD AND PONTIKES CONSTRUCTION, INC., AND SATTERFIELD AND PONTIKES CONSTRUCTION, INC., SUCCESSOR IN INTEREST TO SATTERFIELD & PONTIKES CONSTRUCTION GROUP, LLC, Plaintiffs, V. ACE AMERICAN INSURANCE COMPANY, Defendant.

CIVIL ACTION NO. 4:14-cv-1033 JURY DEMANDED

DEFENDANTS NOTICE OF REMOVAL Pursuant to the provisions of 28 U.S.C. 1332 and 1441, Defendant ACE American Insurance Company (ACE) files this its Notice of Removal hereby removing the state court action brought by Plaintiffs Satterfield and Pontikes Construction, Inc. and Satterfield and Pontikes Construction, Inc., Successor In Interest To Satterfield & Pontikes Construction Group, LLC (collectively referred to as S&P). Introduction 1. On August 27, 2013, S&P filed a petition for declaratory judgment and a breach

of contract action against ACE in Cause No. 2013-50450; Satterfield and Pontikes Construction, Inc., et al. v. ACE American Insurance Company; in the 189th Judicial District Court of Harris County, Texas (State Court Action).1

Exhibit 1, certified copy of Plaintiffs Original Petition.

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2.

Because (1) no summons has been served upon ACE; (2) there has been no

waiver of service under Texas Rule of Civil Procedure 119; and (3) ACE did not waive service under Texas Rules of Civil Procedure 120 and 121 until it actually filed its answer in the State Court Action, the 30-day deadline for removal under 28 U.S.C. 1446(b) did not begin to run until April 14, 2014, and this notice of removal is timely.2 Bases for Removal 3. Pursuant to 28 U.S.C. 1441 and 1446, ACE removes this action to the United

States District Court for the Southern District of Texas, Houston Division, which is the judicial district and division in which the State Court Action is pending. 4. This Court has diversity jurisdiction over this civil action. The district courts

shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between (1) citizens of different States . . . 28 U.S.C. 1332. 5. The amount in controversy exceeds the sum of seventy-five thousand dollars

($75,000), exclusive of interest and costs, based on the allegations in the State Court Action. Specifically, S&P alleges in its petition that the amount in dispute is in excess of $3,000,000.3 6. S&P is a Texas corporation that has its principal place of business in Harris

County, Texas.4 For purposes of diversity jurisdiction, S&P is a citizen of Texas.

See Murphy Bros. v. Michetti Pipe Stringing, Inc. , 526 U.S. 344, 354 (1999) (holding that if a courtesy copy of the petition is served before the summons, the 30-day removal period begins on the date the summons is served); George-Baunchand v. Wells Fargo Home Mortgage, Inc. , No. H103828, 2010 WL 5173004, at *3-4 (S.D. Tex., Dec. 14, 2010) (Rosenthal, J.) (holding that the 30-day removal period did not begin to run until the defendant voluntarily answered and thereby waived service under Texas Rules of Civil Procedure 120 and 121).
3 4

Exhibit 1 at 8; Exhibit 2, State Court Civil Case Information Sheet. Exhibit 1 at 2.

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7.

ACE is a Pennsylvania corporation that has its principal place of business in

Philadelphia, Pennsylvania 5 For purposes of diversity jurisdiction, ACE is a citizen of Pennsylvania. 8. There is complete diversity between S&P and ACE under 28 U.S.C. 1441 (a)

because the parties are citizens of different states. All requirements, therefore, are met for removal under 28 U.S.C. 1332 and 1441(b). 9. All pleadings, process, orders, and other filings in the state court action are

attached to this notice as required by 28 U.S.C. 1446(a). Those filings consist of Exhibit 1 as described above, and the following additional filings: Exhibit 2: Exhibit 3: Exhibit 4: 10. State Court Civil Case Information Sheet; Defendants Original Answer; and Certified copy of state court docket sheet.

As required by Local Rule 81, an index of matters being filed is attached as

Exhibit 6, and a list of all counsel of record is attached as Exhibit 7. 11. Contemporaneously with the filing of this Notice of Removal, ACE has provided

written notice of this removal to the clerk of the 189th Judicial District Court of Harris County, Texas. Jury Demand 12. ACE demands a trial by jury on all issues of fact, if any. Conclusion and Prayer 13. For these reasons, ACE asks the Court to uphold this removal and to retain

jurisdiction over this suit and to grant all other and further relief to which ACE may be entitled.
5

Exhibit 1 at 3; see also Exhibit 8, company information downloaded from the Texas Department of Insurances website (tdi.texas.gov) on April 15, 2014 of which ACE asks the Court to take judicial notice as a public record.

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Respectfully submitted, /s/ Joseph A. Ziemianski Joseph A. Ziemianski Attorney in Charge Texas State Bar No. 00797732 Federal Id.: 25915 E-mail: jziemianski@cozen.com COZEN OCONNOR LyondellBassel Tower 1221 McKinney Street, Suite 2900 Houston, Texas 77010 Telephone: (832) 214-3900 Telecopier: (832) 214-3905 Nejat A. Ahmed Texas State Bar No. 24034304 Federal Id.: 38468 E-mail: nahmed@cozen.com COZEN OCONNOR 1717 Main Street, Suite 3400 Dallas, Texas 75201 Telephone: (214) 462-3000 Telecopier: (866) 791-0411 ATTORNEYS FOR DEFENDANT, ACE AMERICAN INSURANCE COMPANY CERTIFICATE OF SERVICE I certify that a true copy of this document was served upon all counsel of record on April 15, 2014 in accordance with the Federal Rules of Civil Procedure.
Todd A. Riddle Cokinos, Bosien & Young Four Houston Center 1221 Lamar Street, 16th Floor Houston, Texas 77010 Patrick J. Wielinski Cokinos, Bosien & Young 800 Crestview Tower 105 Decker Court Irving, Texas 75062

/s/ Joseph A. Ziemianski Joseph A. Ziemianski