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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

RYAN LLC v. WESTCHESTER FIRE INSURANCE COMPANY

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
3:14-cv-00062 Search Pacer
ACE Group party(s): 
Opposing Party: 
Ryan LLC
Court Type: 
Federal
US District Court: 
Northern District of Texas
Date Filed: 
Jan 9 2014

NOTICE OF REMOVAL
Defendant, Westchester Fire Insurance Company ("WFIC"), removes this civil action
originally filed in the 192nd District Court of Dallas County, Texas to the United States District
Court for the Northern District of Texas, Dallas Division, pursuant to 28 U.S.C. §§ 1332, 1441
and 1446, and respectfully shows the Court as follows:
1. On or about October 2, 2013, plaintiff Ryan, LLC ("Ryan") filed its original
petition in the 192nd District Court of Dallas County, Texas, under Cause No. DC-13-11912
against WFIC. Ryan alleges causes of action against WFIC for declaratory relief, breach of
contract, and violations of the Texas Insurance Code.1
2. Ryan's counsel e-mailed a courtesy copy of the original petition to WFIC's
counsel on October 8, 2013 and asked WFIC's counsel to accept service. WFIC's counsel
informally agreed to do so in the event settlement negotiations did not succeed and Ryan decided
to maintain its suit. Settlement negotiations - still ongoing as of this writing - were not
immediately successful, so the parties' attorneys informally agreed that WFIC would file its
answer by a date certain, ultimately stipulated to be January 10, 2014.
3. Because (1) no summons has been served upon WFIC or WFIC's counsel;
(2) there has been no waiver of service under Texas Rule of Civil Procedure 119; and (3) WFIC
will not have waived service under Texas Rules of Civil Procedure 120 and 121 until it actually
files its answer in Court in fulfillment of the above-described informal agreement, the 30-day
deadline for removal under 28 U.S.C. § 1446(b) has not yet begun to run, and this notice of
removal is timely.2
4. The amount in controversy, exclusive of interest and costs, exceeds $75,000.
Ryan states in the Civil Cover Sheet accompanying its original petition it seeks damages over
$200,000 and less than $1,000,000.3
5. Ryan is a Delaware limited liability company with its principal place of business
in Texas.4 Each of its members is a Texas citizen.5 For purposes of diversity jurisdiction, Ryan
is a citizen of the states of Delaware and Texas.
6. WFIC is a Pennsylvania corporation with its principal place of business in
Pennsylvania.6 For purposes of diversity jurisdiction, WFIC is a citizen of Pennsylvania.
7. Therefore, complete diversity exists between the parties, and because the amount
in controversy exceeds $75,000, this Court has subject matter jurisdiction based on diversity of
citizenship.
8. WFIC, pursuant to 28 U.S.C. §§ 1446(a), 1447(b), and 1449, attaches copies of the
docket sheet dated January 8, 20147 and the state court pleadings filed as of today's date, to this
Notice of Removal. The documents filed in state court include the original petition and the civil
cover sheet, which are Exhibits 1 and 2 hereto.
9. WFIC demands a trial by jury on all issues of fact, if any.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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