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SATTERFIELD AND PONTIKES CONSTRUCTION, INC. et al V. ACE AMERICAN 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: 
4:14-cv-01033 Search Pacer
ACE Group party(s): 
Opposing Party: 
Satterfield and Pontikes Construction, Inc.
Court Type: 
Federal
US District Court: 
Southern District of Texas
Date Filed: 
Apr 15 2014

DEFENDANT'S 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
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.
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.
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.
2 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. H-10-3828, 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).
7. ACE is a Pennsylvania corporation that has its principal place of business in
Philadelphia, Pennsylvania5 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: State Court Civil Case Information Sheet;
Exhibit 3: Defendant's Original Answer; and
Exhibit 4: Certified copy of state court docket sheet.
10. 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.

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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