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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

REBECCA OCHOA §

Plaintiff, §

§

v. § CAUSE NO. 5:20-CV-00319

ALLSTATE FIRE AND CASUALTY §

INSURANCE COMPANY §

Defendant.

DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY’S 

NOTICE OF REMOVAL

Defendant Allstate Fire and Casualty Company (“Allstate”) hereby removes this lawsuit 

currently pending in the District Court for the 73rd Judicial District of Bexar County, Texas, Cause 

No. 2020CI02873, to the United States District Court for the Western District of Texas, San 

Antonio Division, pursuant to 28 U.S.C. §§ 1332(a), 1441, and 1446, on the grounds of diversity 

of citizenship, and would respectfully show the Court as follows:

BACKGROUND 

1. On or about March 18, 2017, Plaintiff was involved in a motor vehicle collision 

(the “Collision”) in which she has alleged that an unidentified driver operating a motor vehicle 

owned by Eva Mendivil caused her serious bodily injury.1

2. On February 10, 2020, Plaintiff filed an action styled Rebecca Ochoa v. Insurance

Fire and Casualty Company seeking to recover from the Defendant for all damages she alleges to 

have arisen from the Collision pursuant to a policy of underinsured motorist coverage issued by 

 1 See Exhibit A, Plaintiff’s Original Petition, ¶ 5. 

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the Defendant.2 The alleged tortfeasors, namely, the unidentified driver and Eva Mendivil, are not 

parties to this lawsuit.3

3. Plaintiff’s alleged damages include past and future medical expenses, loss of 

earning capacity, physical pain, physical impairment, disfigurement, mental anguish, exemplary 

damages, treble damages, attorneys’ fees, and costs of court.

4

4. Plaintiff pleads for monetary relief for “over Two Hundred Thousand Dollars 

($200,000)” but not to “exceed more than One Million Dollars ($1,000,000).”5

5. Plaintiff served Defendant with her original petition and process on February 24, 

2020, by certified mail upon its registered agent.6

6. Plaintiff demands a jury trial.7

7. Defendant has not answered the Plaintiff’s suit in state court.8

GROUNDS FOR REMOVAL

8. This Honorable Court has original jurisdiction of this suit based on 28 U.S.C. §§

1332(a), 1441, and 1446, because it arises from a controversy between citizens of different states

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

A. Parties are Diverse

9. Plaintiff is a natural person who asserts that she is a resident of Texas in her Original 

Petition, thus demonstrating that Plaintiff is domiciled in the state of Texas.9 Plaintiff has not plead

 2 Id., at ¶ 6.

3 See id. 

4 Id., at ¶¶ 17-20. 5 Id., at ¶ 17.

6 See Exhibit B, Transmittal of Citation. 7 See Exhibit A, Plaintiff’s Original Petition, ¶ 24. 

8 See Exhibit C, State Court Docket. 9 See Exhibit A, Plaintiff’s Original Petition, ¶ 2. 

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or alleged citizenship of any state other than Texas. Thus, Plaintiff is believed to be a citizen of 

Texas because “for purposes of federal subject-matter (diversity) jurisdiction,” a natural person is 

“a citizen of but one State [and] [t]hat is the state in which the person is domiciled.”10 

10. Defendant Allstate is incorporated under the laws of the state of Illinois and 

maintains its principle place of business in Cook County, Illinois, located at 2775 Sanders Road, 

Northbrook, Illinois 60062. Defendant is thus a citizen of Illinois.11

B. Amount in Controversy 

11. The party seeking federal jurisdiction must prove by a preponderance of the 

evidence that the amount in controversy exceeds $75,000.00.12 The removing party may satisfy its 

burden by either (1) demonstrating that it is “facially apparent” from the petition that the claim 

likely exceeds $75,000.00, or (2) “by setting forth the facts in controversy—preferably in the 

removal petition, but sometimes by affidavit—that support a finding of the requisite amount.”13 

12. Here, it is facially apparent from Plaintiff’s petition that the amount in controversy 

exceeds $75,000.00 because Plaintiff alleges she seeks monetary relief for “over Two Hundred 

Thousand Dollars ($200,000)” but not to “exceed more than One Million Dollars ($1,000,000).”14

13. Based upon the foregoing, the amount in controversy exceeds $75,000.00. 

 10 O'Neal v. DePuy Synthes Sales, Inc., No. 19-CV-1328, 2019 WL 5569615, at *1 (W.D. La. Oct. 28, 2019), citing

Wachovia Bank v. Schmidt, 126 S. Ct. 941, 951 (2006); and, Acridge v. Evangelical Lutheran Good Samaritan Soc., 

334 F.3d 444, 451 (5th Cir. 2003).

11 28 U.S.C. §1332 (c)(1) (“[A] corporation shall be deemed to be a citizen of every State and foreign state by which 

it has been incorporated and of the State or foreign state where it has its principal place of business....”); and,

Quebe v. Ford Motor Co., 908 F. Supp. 446, 449 (W.D. Tex. 1995) (citing Milstead Supply Co. v. Casualty Ins. Co., 

797 F. Supp. 569, 571 (W.D.Tex.1992)) (“When a party is a corporation, citizenship is determined by where the 

corporation is incorporated and the location of the corporation's principal place of business”). 12 Grant v. Chevron Phillips Chem. Co. L.P., 309 F.3d 864, 868 (5th Cir. 2002).

13 Allen v. R & H Oil & Gas Co., 63 F.3d 1326, 1335 (5th Cir. 1995). 14 See Exhibit A, Plaintiff’s Original Petition, ¶ 17.

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REMOVAL IS PROCEDURALLY PROPER

14. This notice of removal is timely filed within thirty (30) after service of process upon 

Defendant.

15

15. Venue is proper in this Court under 28 U.S.C. §1441(a) because the District and 

Division of this Honorable Court embrace Bexar County, Texas, the venue where this suit was 

initiated.

16 

16. Pursuant to 28 U.S.C. §1446(a), all pleadings, process, and orders served upon 

Defendant in the state court action are attached hereto.17

17. Pursuant to 28 U.S.C. §1446(d), Defendant will promptly provide a true and correct 

copy of this Notice of Removal to Plaintiff and to the District Clerk of Bexar County. 

PRAYER FOR RELIEF

18. Defendant Allstate prays that this Honorable Court accept jurisdiction over the state 

court action for the reasons set forth above, and grant it any such other and further relief to which 

it may show itself justly entitled. 

Respectfully submitted,

VALDEZ & TREVIÑO,

ATTORNEYS AT LAW, P.C.

Callaghan Tower

8023 Vantage Drive, Suite 700

San Antonio, Texas 78230

Phone: 210–598–8686

Fax: 210–598–8797

By: /s/ Michael N. Novak______

 15 See 28 U.S.C. §1446 (b)(1), and Exhibit B, Transmittal of Citation dated February 24, 2020. 16 See Exhibit A, Plaintiff’s Original Petition, ¶ 4. 17 See Exhibit A – Exhibit C.

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Robert E. Valdez

State Bar No.20428100

S.D. Tex. Bar No. 9816

revaldez@valdeztrevino.com

Michael M. Novak

State Bar No. 24092905

S.D. Tex. Bar No. 3084746

mnovak@valdeztrevino.com

Counsel for Defendant Allstate Fire and 

Casualty Insurance Company

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CERTIFICATE OF SERVICE

I do hereby certify that the foregoing instrument was served on the following counsel this 

13th day of March 2020, pursuant to Rule 5 of the Federal Rules of Civil Procedure, and via eservice in the state court proceeding:

Paul E. Campolo

State Bar No. 03730150 

Law Offices of Maloney & Campolo LLP 

926 S. Alamo 

San Antonio, Texas 78205 

Tel. 210-922-2200

Fax 210-923-1313

Counsel for Plaintiff

/s/ Michael N. Novak_

 Michael M. Novak

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