IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

EL PASO DIVISION 

CARLOS MENA § 

Plaintiff, § 

§ 

v. § CIVIL ACTION NO. 3:20-cv-00135 

§ 

NATIONWIDE MUTUAL § 

INSURANCE COMPANY § 

Defendant. § 

NOTICE OF REMOVAL 

Defendant Nationwide Mutual Insurance Company (“Defendant”), through undersigned 

counsel and pursuant to 28 U.S.C. §§ 1332, 1441 and 1446, files this Notice of Removal of the 

lawsuit captioned Carlos Mena v. Nationwide Mutual Insurance Company; Cause No. 

2020DCV1321; In the 384th Judicial District of El Paso County, Texas. 

I. 

BACKGROUND 

Plaintiff Carlos Mena (hereinafter “Plaintiff”) initiated the present action by filing his 

Original Petition in Cause No. 2020DCV1321; In the 384th Judicial District of El Paso County, 

Texas on April 15, 2020 (the “State Court Action”). See Plaintiff’s Original Petition, attached as 

Exhibit A. 

1. Defendant appeared and answered on May 15, 2020, asserting a general denial to 

the claims and allegations made in Plaintiff’s Original Petition. See Defendant’s Original Answer, 

attached as Exhibit B. 

2. Pursuant to 28 USC § 1446(a) all a copy of all process, pleadings, and orders served 

upon Defendant in the State Court Action are incorporated in Exhibit A. 

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3. Pursuant to 28 U.S.C. § 1446(d), promptly after filing this Notice of Removal, 

Defendant will give written notice of the removal to Plaintiff through his attorney of record, and 

to the clerk of the 384th Judicial District of El Paso County, Texas. 

4. Pursuant to 28 USC §§ 1446(b)(1) and 1446(c)(1) this Notice of Removal has been 

timely filed within 30 days of service on Defendant of Plaintiff’s Original Petition and less than 

one year after the commencement of this action. 

II. 

JURISDICTION 

5. This Court has original jurisdiction pursuant to 28 U.S.C. § 1332, and the matter 

is removable to this Court pursuant to 28 U.S.C. § 1441(a) because there is complete diversity of 

citizenship between the properly joined parties and the amount in controversy exceeds $75,000 

exclusive of interest and costs. 

A. Diversity of Parties 

6. Based on information and belief, Plaintiff is a resident of and domiciled in El Paso 

County, Texas. Pursuant to 28 U.S.C. § 1332(a), therefore, Plaintiff is a citizen of the State of 

Texas. 

7. Nationwide General Insurance Company is organized under the laws of Ohio and 

maintains its principal place of business in Ohio. Pursuant to 28 U.S.C. § 1332(c)(1), therefore, 

Nationwide is a citizen of the State of Ohio. 

8. Accordingly, there is complete diversity between the parties pursuant to 28 U.S.C. § 

1332(a). 

B. Amount in Controversy

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9. It is facially apparent from Plaintiff’s live petition that the amount in controversy in 

this case exceeds $75,000. Generally, “the sum demanded in good faith in the initial pleading shall be 

deemed to be the amount in controversy.”1 Removal is proper if it is “facially apparent” from the 

complaint that the claims asserted exceed the jurisdictional amount.2 In addition, penalties, 

exemplary damages, and attorneys’ fees are included as part of the amount in controversy.3 

10. Here, Plaintiff seeks “monetary relief over $100,000, but not more than 

$200,000.” Exhibit B, Plaintiff’s Original Petition, at ¶ 5. The threshold for diversity jurisdiction, 

$75,000, is therefore met by the allegations of Plaintiff’s Original Petition. 

11. Plaintiff further seeks compensation for (1) actual damages, (2) treble damages, (4) 

attorney’s fees; and (6) pre- and post-judgment interest. Id. at ¶ 22- § IX. Prayer. Plaintiff has 

alleged that Defendant’s conduct was wrongful and done knowingly, entitling him to a trebling of 

actual damages under Texas Insurance Code Chapter 541. See Exhibit A, ¶ 22; Tex. Ins. Code 

sections 541.002 & 541.152. Penalties, exemplary damages, and attorneys’ fees are included as 

part of the amount in controversy.4 

12. The amount in controversy plainly exceeds $75,000, exclusive of interest and 

costs. See Exhibit A. Accordingly, the amount in controversy requirement of 28 U.S.C. § 1332(b) 

is satisfied. 

1

 28 U.S.C. § 1446(c)(2); see also Santiago v. State Farm Lloyds, No. 7:13-CV-83, 2013 WL 1880845, at *1 

(S.D. Tex. May 3, 2013). 

2

 Puckitt v. Wells Fargo Bank, N.A., No. G-09-0056, 2010 WL 2635626, at *3 (S.D. Tex. June 28, 2010)

(citing Allen v. R&H Oil & Gas Co., 63 F.3d 1326, 1335 (5th Cir. 1995)). 

3

 See H&D Tire & Automotive-Hardware, Inc. v. Pitney Bowes Inc., 227 F.3d 326, 330 (5th Cir. 2000); see 

also St. Paul Reinsurance Co. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir. 1998). 

See H&D Tire & Automotive-Hardware, Inc. v. Pitney Bowes Inc., 227 F.3d 326, 330 (5th Cir. 2000); see 

also St. Paul Reinsurance Co. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir. 1998). 

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III. 

CONCLUSION 

13. Removal of this action under 28 U.S.C. § 1441(a) is proper as the district courts of 

the United States have original jurisdiction over the matter pursuant to 28 U.S.C. § 1332, and as all 

requirements for removal under 28 U.S.C. § 1446 have been met. 

14. WHEREFORE, Defendant Nationwide Mutual Insurance Company hereby 

provides notice that this action is duly removed. 

Respectfully submitted, 

/s/ Patrick M. Kemp 

Patrick M. Kemp 

Texas Bar No. 24043751 

pkemp@smsm.com 

Robert G. Wall 

Texas Bar No. 24072411 

rwall@smsm.com 

Segal McCambridge Singer & Mahoney 

100 Congress Avenue, Suite 800 

Austin, Texas 78701 

(512) 476-7834 

(512) 476-7832 – Facsimile 

ATTORNEYS FOR DEFENDANT 

NATIONWIDE MUTUAL INSURANCE 

COMPANY 

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CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has been served 

via regular mail this the 15th day of May, 2020 to: 

James Willis 

Richard D. Daly 

Daly & Black, P.C. 

2211 Norfolk St, Suite 800 

Houston, TX 77098 

rdaly@dalyblack.com 

ecfs@dalyblack.com 

 /s/ Patrick M. Kemp 

Patrick M. Kemp 

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