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DEFENDANT’S NOTICE OF REMOVAL PAGE 1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

SENIOR LIVING PROPERTIES, LLC

Plaintiff,

vs.

IRONSHORE SPECIALTY,

INSURANCE COMPANY,

Defendant,

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CIVIL ACTION NO. 6:20-cv-282

DEFENDANT’S NOTICE OF REMOVAL

Pursuant to 28 U.S.C. §1446(a), Ironshore Specialty Insurance Company

(“Defendant”) files this Notice of Removal, hereby removing this action from the 220th

Judicial District Court of Hamilton County, Texas to the United States District Court for 

the Western District of Texas, Waco Division. Removal is based on diversity jurisdiction 

because there is complete diversity of citizenship between Plaintiff Senior Living 

Properties (“Plaintiff”) and Defendant, and the amount in controversy exceeds 

$75,000.00, exclusive of interest and costs.

I.

INTRODUCTION

This dispute arises out of an insurance claim filed by Plaintiff for alleged storm 

damage to property located at 910 F. Pierson St. Hamilton, Texas 76531. On March 4, 

2020, Plaintiff filed its Original Petition (the “Petition”) against Defendant in the 220th

Judicial District Court of Hamilton County, Texas. Defendant was served with a citation 

and a copy of the Petition on March 11, 2020 through its registered agent for service of 

process. Thus, this Notice of Removal is being filed within thirty (30) days of service of 

the Petition on Defendant and is timely filed under 28 U.S.C. §1446(b). 

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II.

BASIS FOR REMOVAL

A. THERE IS COMPLETE DIVERSITY OF CITIZENSHIP.

As shown below, removal is proper because there is complete diversity between 

the parties. See 28 U.S.C. § 1332(a). 

1. Plaintiff’s Citizenship.

For diversity jurisdiction purposes, a limited liability company’s citizenship is 

determined by the citizenship of each of its members. Harvey v. Grey Wolf Drilling Co., 

542 F.3d 1077, 1080 (5th Cir. 2008). In its Second Amended and Restated Articles of 

Organization filed with the Indiana Secretary of State on August 20, 2018, Plaintiff 

identified five members, whose citizenship is discussed below:

1) James Eden is an individual citizen of Wyoming.

2) Allison Eden is an individual citizen of Wyoming.

3) Lawrence Bonds is an individual citizen of Florida.

4) SLP Management, Inc. is a Delaware corporation with its principal 

place of business in the State of Texas.

5) SLP Management Holdings, LLC is a Delaware limited liability 

company. Upon information and belief, its members are citizens of 

New York, Delaware and Texas.

For diversity purposes, Plaintiff is a citizen of Wyoming, Florida, Delaware, 

Texas, and New York.

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2. Defendant’s Citizenship.

Defendant is a corporation organized under the laws of the State Arizona, with its 

principal place of business in the State of Massachusetts. For diversity purposes, 

Ironshore is a citizen of both Arizona and Massachusetts. 

B. THE AMOUNT IN CONTROVERSY EXCEEDS $75,000.00.

Generally, the amount in controversy for purposes of establishing federal 

jurisdiction should be determined by the plaintiff’s complaint. De Aguilar v. Boeing Co., 

47 F.3d 1404, 1411-12 (5th Cir. 1995). Here, it is apparent from the face of the Petition 

that Plaintiff’s claims exceed $75,000.00 because Plaintiff specifically pleads that it seeks

monetary relief in excess of $200,000.00 but less than $1,000,000.00. See Petition at ¶60. 

Thus, the amount in controversy exceeds $75,000.00, exclusive of interest and costs.

III.

CONSENT TO REMOVAL

Defendant is the only defendant named and served with Plaintiff’s Petition. Thus, 

no additional consent is needed for removal.

IV.

VENUE

Venue for removal is proper in this district and division under 28 U.S.C. § 

1441(a) because this district and division embrace the Texas State District Courts of 

Hamilton County, Texas, the forum in which the removed action was previously pending.

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V.

COMPLIANCE WITH PROCEDURAL REQUIREMENTS

Filed concurrently with this Notice of Removal is a completed civil cover sheet, 

supplemental civil case cover sheet, and a signed Certificate of Interested Persons 

Additionally, the following exhibits are attached:

• Exhibit A: Index of all documents filed in the state court action;

• Exhibit B: Hamilton County Event Listing Sheet, and;

• Exhibits C-1 through C-2: A copy of each pleading filed in the state 

court action.

Pursuant to Section 28 U.S.C. §1446(d), Defendant will provide written notice of 

the filing of this Notice of Removal to all adverse parties promptly after the filing of 

same and will file a true and correct copy of this Notice of Removal with the Court Clerk 

of the 220th Judicial District Court of Hamilton County, Texas, promptly after the filing 

of same. 

V.

REQUEST FOR RELIEF

Based on the foregoing, Defendant Ironshore Specialty Insurance Company

respectfully requests that the above-styled action now pending in the 220th Judicial 

District Court of Hamilton County, Texas be removed to the United States District Court 

for the Western District of Texas, Waco Division. Defendant further requests all such 

other and further relief to which they are justly entitled.

Respectfully submitted,

/s/ Colin Batchelor

MARK D. TILLMAN

State Bar No. 00794742

COLIN BATCHELOR

State Bar No. 24043545

TILLMAN BATCHELOR LLP

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5605 N. MacArthur Blvd., Suite 560

Irving, Texas 75038

Telephone: (214) 492-5720

Facsimile: (214) 492-5721

mark.tillman@tb-llp.com

colin.batchelor@tb-llp.com

ATTORNEYS FOR DEFENDANT

IRONSHORE SPECIALTY INSURANCE 

COMPANY

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CERTIFICATE OF SERVICE

In accordance with the FEDERAL RULES OF CIVIL PROCEDURE, on April 9, 2020 a 

true and correct copy of the above and foregoing instrument was served via facsimile or 

electronic service upon:

ATTORNEYS FOR PLAINTIFF

Heather Hall Melaas

State Bar No. 24089909

James M. McClenny

Texas Bar No. 24091857

J. Zach Moseley

Texas Bar No. 24092863

MCCLENNY MOSELEY & ASSOCIATES, PLLC

516 Heights Blvd.

Houston, Texas 77007

Facsimile : (713) 322-5953

heather@mma-pllc.com

James@mma-pllc.com

zach@mma-pllc.com

/s/ Colin Batchelor

MARK D. TILLMAN

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