DEFENDANTS’ NOTICE OF FILING NOTICE OF REMOVAL Page 1

OF CIVIL ACTION TO FEDERAL COURT 

UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

ASSOCIATED ACCEPTANCE, INC., 

d/b/a RUSH TRUCK INSURANCE 

SERVICES 

Plaintiff, 

-vALEXANDRA M. AMESCUA, 

MARSH USA, INC. d/b/a 

MARSH & MCLENNAN 

COMPANIES; MARSH & 

MCLENNAN AGENCY, LLC d/b/a 

CLINE WOOD AGENCY, INC. 

Defendants. 

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CIVIL ACTION NO. ______________

DEFENDANTS’ NOTICE OF REMOVAL 

Defendants Marsh USA, Inc. d/b/a Marsh & McLennan Companies (“Marsh”)1 and Marsh 

& McLennan Agency, LLC d/b/a Cline Wood Agency, Inc. (“Cline Wood”), by and through the 

undersigned counsel, files this Notice of Removal of this action from the 285th Judicial District 

Court of Bexar County, Texas to the United States District Court for the Western District of Texas, 

San Antonio Division, the District and Division encompassing the state court in which this action 

is pending. This Notice of Removal is filed pursuant to 28 U.S.C. §§1441 and 1446. In support 

thereof, Defendant respectfully shows this Court as follows: 

A. State Court Action 

1. Defendants have been sued in the case styled Associated Acceptance, Inc. d/b/a 

Rush Trucking Insurance Services v. Alexandra M. Amescua, Marsh USA, Inc. d/b/a Marsh 

1

 Corporate Defendants Marsh and Cline Wood were improperly named, but the corporate entities Marsh & 

McLennan Agency, LLC and Marsh USA, Inc. were served with the State Court Action. 

5:20-cv-236

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OF CIVIL ACTION TO FEDERAL COURT 

& McLennan Companies; Marsh & McLennan Agency, LLC d/b/a Cline Wood Agency, Inc., 

Cause No. 2020-CI-03574, pending in the 285th Judicial District of Bexar County, Texas 

(“State Court Action”). 

B. Procedural Requirements 

2. This action is properly to this Court, as the State Court Action is pending within 

this district and division pursuant to 42 U.S.C. §1446(a). See 28 U.S.C. §124(d)(4). 

3. Pursuant to 28 U.S.C. §1446(a), an index of all documents filed in the State Court 

Action, and the date of filing, is provided in and incorporated hereto as Exhibit A. 

4. All pleadings, process, orders, and other filings in the State Court Action, including 

the docket, are attached to this Notice of Removal as required by 28 U.S.C. § 1446(a). 

C. Timeliness of Removal 

5. On February 20, 2020, Plaintiff Associated Acceptance, Inc. d/b/a Rush Trucking 

Insurance Service (“Plaintiff”) filed its Original Petition and Application for Ex Parte 

Temporary Restraining Order and Application for Temporary Injunction and Requests for 

Disclosure (“Original Petition”) in the State Court Action. 

6. This removal is timely as it is filed within thirty (30) days after Defendants were 

served with the Original Petition on February 25, 2020. 28 U.S.C. §1446(b)(1). All served 

Defendants join in this removal. 

D. Grounds for Removal 

7. This Court has original jurisdiction over this case under 28 U.S.C. §1332 because 

this is a civil action between citizens of different states where the matter in controversy exceeds 

$75,000, exclusive of interest and costs. Therefore, this action is one that may be removed to 

this Court pursuant to the provisions of 28 U.S.C. §1441(a). 

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OF CIVIL ACTION TO FEDERAL COURT 

a. The amount in controversy exceeds the federal minimum jurisdictional 

requirements. 

8. Plaintiff asserts several claims in its Original Petition, including contract claims, 

tort claims, and statutory violations.2 Plaintiff asserts monetary damages of more than 

$130,000,3 and seeks to recover actual damages, compensatory damages, and exemplary 

damages.4 Accordingly, the amount in controversy in this matter meets and exceeds the federal 

jurisdiction minimum of $75,000. 

b. Complete diversity exists. 

9. As alleged in paragraph 2 of the Original Petition, Plaintiff was at the time of filing 

this action and, on information and belief, still is a corporation formed and existing under the 

laws of the State of Texas and having its principal place of business and registered office in 

Bexar County, Texas. 

10. As alleged in paragraphs 4 and 5 of the Original Petition, Defendants were at the 

time of filing this action and are currently corporations duly formed and existing under the 

laws of the State of Delaware. 

11. Defendants’ principal place of business is in the State of New York. 

12. Accordingly, for diversity purposes and at all times relevant to this removal, 

Defendants Marsh and Cline Wood are and were citizens of Delaware and New York. 28 

U.S.C. §1332(c). 

2

 Plaintiff’s Original Petition, pg. 9-14. 

3

 Plaintiff’s Original Petition, Exhibit D, pg. 3 

4

 Plaintiff’s Original Petition, pg. 19-20. 

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OF CIVIL ACTION TO FEDERAL COURT 

E. Notice to Parties and State Court 

13. Upon filing of this Notice with the federal district court, Defendants will give notice 

of this filing to Plaintiff, and will also file a copy of this Notice with the Clerk of the 285th 

Judicial District Court of Bexar County, Texas, where the action is currently pending. 

CONCLUSION 

For the foregoing reasons, Defendants respectfully request that further proceedings in the 

case styled Associated Acceptance, Inc. d/b/a Rush Trucking Insurance Services v. Alexandra M. 

Amescua, Marsh USA, Inc. d/b/a Marsh & McLennan Companies; Marsh & McLennan Agency, 

LLC d/b/a Cline Wood Agency, Inc., Cause No. 2020-CI-03574, pending in the 285th Judicial 

District of Bexar County, Texas, be discontinued, and that this suit be removed to the United States 

District Court for the Western District of Texas, San Antonio Division. 

Respectfully submitted, 

By: /s/ Patrick S. Richter 

Patrick S. Richter 

State Bar No. 00791524 

Patrick.richter@jacksonlewis.com 

 Lauren H. Goerbig 

State Bar No. 24084091 

Lauren.goerbig@jacksonlewis.com

JACKSON LEWIS PC 

816 Congress Avenue, Suite 1530 

Austin, Texas 78701 

PH: (512) 362-7100 

FX: (512) 362-5574 

 ATTORNEYS FOR DEFENDANTS 

 

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DEFENDANTS’ NOTICE OF FILING NOTICE OF REMOVAL Page 5

OF CIVIL ACTION TO FEDERAL COURT 

CERTIFICATE OF SERVICE 

I certify that a true and correct copy of the foregoing document was served on the 

following counsel of record on the 26th day of February 2020 via the court’s e-filing system. 

O. (Oscar) Rene Diaz 

DIAZ JAKOB, LLC 

Alamo Towers West Building 

901 N.E. Loop 410, Suite 900 

San Antonio, TX 78209 

Tel.: (210) 226-4500 

FX.: (210) 226-4502 

ORD@diazjakob.com

/s/ Patrick S. Richter 

Patrick S. Richter 

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