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MATHEWS v. INDEMNITY INSURANCE CO. OF NORTH AMERICA Notice of Removal

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.

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Case 1:11-cv-00228-SS Document 1-1
Filed 03/24/11 Page 27 of 28
CAUSE NO. D-1-GN-10-003685 JAMES MATHEWS § § § § § § § § IN THE DISTRICT COURT 419TH JUDICIAL DISTRICT
VS.
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA
TRAVIS COUNTY, TEXAS
NOTICE OF REMOVAL TO THE HONORABLE JUDGE OF SAID COURT: Now comes Indemnity Insurance Company of North America, Defendant in the above-entitled and numbered cause, and files this notice to inform the court that on
March 21,2011, this Defendant filed a Petition for Removal in the United States District Court, Western District of Texas, Austin Division, removing this case to that court on grounds of diversity of citizenship. A true and correct copy of the Petition for Removal filed with the Federal Court is attached hereto and incorporated herein as if fully copied and set forth at length, and filed herein as notice to all parties and the Court that this cause has been removed to Federal Court. SIGNED this 1~ay of March, 2011. Respectfully
By:
anne C. Ayers SBN: 01465820 Julie B. Tebbets SBN: 00793419 4205 Gateway Drive, Suite 100 Colleyville, Texas 76034 817-267-9909 telephone 817 -318-0663 facsimile ATTORNEYS FOR DEFENDANTS
--~~------=---~~
Case 1:11-cv-00228-SS Document 1-1
Filed 03/24/11 Page 28 of 28
CERTIFICATE OF SERVICE I hereby certify that on the ~ day of March, 2011, a true and correct copy of the above and foregoing document was mailed to the attorneys of record for Plaintiff, via certified mail, return receipt requested as follows: Bradley Dean McClennan Of Counsel, Law Offices of Richard Pena, P.C. 1701 Directors Blvd., Suite 110 Austin, Texas 78744
OJS 44 (Rev. 12/07)
Case 1:11-cv-00228-SS Document 1-2
Filed CIVIL COVER SHEET 03/24/11 Page 1 of 2
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
James Mathews
I. (a) PLAINTIFFS
DEFENDANTS
Indemnity Insurance Company of North America
(b) County of Residence of First Listed Plaintiff
Travis County, TX
County of Residence of First Listed Defendant
Philadelphia County, PA
(EXCEPT IN U.S. PLAINTIFF CASES)
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.
Bradley Dean McClennan, Of Counsel, Law Offices of Richard Pena, P.C., 1701 Directors Blvd., Suite 100, Austin, Texas 78744, (512) 327-6884
(c) Attorney’s (Firm Name, Address, and Telephone Number)
Deanne C. Ayers, Julie B. Tebbets, Ayers & Ayers, 4205 Gateway Dr., Suite 100, Colleyville, Texas 76034, (817) 267-9009
Attorneys (If Known)
II. BASIS OF JURISDICTION
’ 1
U.S. Government Plaintiff
(Place an “X” in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) PTF Citizen of This State ’ 1 DEF ’ 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place ’ 4 ’ 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation
’ 3 Federal Question (U.S. Government Not a Party) ’ 4 Diversity
(Indicate Citizenship of Parties in Item III)
’ 2
U.S. Government Defendant
Citizen of Another State
’ 2 ’ 3
’ ’
2
’ 5 ’ 6
’ 5 ’ 6
Citizen or Subject of a Foreign Country
3
IV. NATURE OF SUIT
CONTRACT
(Place an “X” in One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights PERSONAL INJURY ’ 362 Personal Injury Med. Malpractice ’ 365 Personal Injury Product Liability ’ 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY ’ 370 Other Fraud ’ 371 Truth in Lending ’ 380 Other Personal Property Damage ’ 385 Property Damage Product Liability PRISONER PETITIONS ’ 510 Motions to Vacate Sentence Habeas Corpus: ’ 530 General ’ 535 Death Penalty ’ 540 Mandamus & Other ’ 550 Civil Rights ’ 555 Prison Condition
FORFEITURE/PENALTY
BANKRUPTCY
OTHER STATUTES
’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’
110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property
’ ’ ’ ’ ’ ’ ’ ’ ’
’ ’ ’ ’ ’ ’ ’
’ 610 Agriculture ’ 620 Other Food & Drug ’ 625 Drug Related Seizure of Property 21 USC 881 ’ 630 Liquor Laws ’ 640 R.R. & Truck ’ 650 Airline Regs. ’ 660 Occupational Safety/Health ’ 690 Other LABOR ’ 710 Fair Labor Standards Act ’ 720 Labor/Mgmt. Relations ’ 730 Labor/Mgmt.Reporting & Disclosure Act ’ 740 Railway Labor Act ’ 790 Other Labor Litigation ’ 791 Empl. Ret. Inc. Security Act
IMMIGRATION ’ 462 Naturalization Application ’ 463 Habeas Corpus Alien Detainee ’ 465 Other Immigration Actions
’ 422 Appeal 28 USC 158 ’ 423 Withdrawal 28 USC 157
PROPERTY RIGHTS ’ 820 Copyrights ’ 830 Patent ’ 840 Trademark
’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’
SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS ’ 870 Taxes (U.S. Plaintiff or Defendant) ’ 871 IRS—Third Party 26 USC 7609
’ ’ ’ ’ ’
400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes
V. ORIGIN
’ 1 Original Proceeding
(Place an “X” in One Box Only)
Appeal to District Appellate Court
’ 2 Removed from
State Court
’ 3 Remanded from
’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict another district Reopened Litigation (specify)
’ 7 Judge from Magistrate
Judgment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION Brief description of cause:
DEMAND $ ’ CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN 125,000.00 UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE IF ANY
DATE
28 U.S.C. 1332
"Bad faith" - extracontractual claims against insurance carrier
CHECK YES only if demanded in complaint: ’ Yes ’ No JURY DEMAND: DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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JS 44 Reverse (Rev. 12/07)
Case 1:11-cv-00228-SS Document 1-2
Filed 03/24/11 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment)”. II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an “X” in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.
Case 1:11-cv-00228-SS Document 1-3
Filed 03/24/11 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION
Supplement to JS 44 Civil Cover Sheet Cases Removed from State District Court
This form must be filed with the Clerk's Office no later than the first business day following the filing of the Notice of Removal. Additional sheets may be used as necessary. The attorney of record for the removing party MUST sign this form. STATE COURT INFORMATION: 1. Please identify the court from which the case is being removed; the case number; and the complete
style of the case.
419th Judicial District Court of Travis County, Texas Cause No. D-l-GN-l 0-003685 James Mathews v. Indemnity Insurance Company of North America
2. Was jury demand made in State Court?
If yes, by which party and on what date?
Plaintiff Party Name
Yes
rx
No
I
October 14, 2010 Date
STATE COURT INFORMATION:
1. List all plaintiffs, defendants, and intervenors still remaining in the case. Also, please list the attorney(s) of record for each party named and include the attorney's firm name, correct mailing address, telephone number, and fax number (including area codes).
James Mathews, Plaintiff Bradley Dean McClellan, Attorney for Plaintiff Of Counsel, Law Offices of Richard Pena, P.c. 1701 Directors Blvd., Suite 110 Austin, Texas 78744 (512) 327-6884 telephone (512) 327-8354 facsimile Indemnity Insurance Company of North America, Defendant Deanne C. Ayers, Attorney for Defendant Julie B. Tebbets, Attorney for Defendant Ayers & Ayers 4205 Gateway Dr., Suite 100 Colleyville, Texas 76034 (817) 267-9009 telephone (817) 318-0663 facsimile
D
TXWD - Supplement to JS 44 (Rev. 10/2004)
Case 1:11-cv-00228-SS Document 1-3
Filed 03/24/11 Page 2 of 2
2. List all parties that have not been served at the time of the removal, and the reason(s) for non-service. Not applicable
3. List all parties that have been non-suited, removal from the case. Not applicable
dismissed, or terminated,
and the reason(s) for their
COUNTERCLAIMS, CROSS-CLAIMS, and! or THIRD-PARTY
CLAIMS:
1. List separately each counterclaim, cross-claim, or third-party claim still remaining in the case and designate the nature of each such claim. For each counterclaim, cross-claim, or third-party claim, include all plaintiffs, defendants, and intervenors still remaining in the case. Also, please list the attorney(s) of record for each party named and include the attorney's firm name, correct mailing address, telephone number, and fax number (including area codes).
!?J-2/-20J!
Date
Party/Parties
TXWD - Supplement to JS 44 (Rev. 10/2004)

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