4837-2168-7223.1 1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

KCM RANCH HOLDINGS, LLC, 

Plaintiff, 

v. 

THE AMERICAN INSURANCE 

COMPANY, 

Defendant. 

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CASE NO. __________ 

NOTICE OF REMOVAL 

Defendant, The American Insurance Company (“AIC” or “Defendant”), files this Notice 

of Removal pursuant to 28 U.S.C. §§ 1332, 1441, and 1446. 

BACKGROUND 

1. On February 19, 2020, KCM Ranch Holdings, LLC (“Plaintiff”) filed its Original 

Petition (“Petition”) against Defendant in the 220th Judicial District Court of Bosque County, 

Texas (the “Action”). Generally, Plaintiff alleges that Defendant willfully and intentionally failed 

to honor its obligations under an insurance policy after Plaintiff made a claim for damage to a roof 

following a hail storm. Plaintiff asserts claims for violations of Tex. Ins. Code §§ 541.060(a), 

541.061, 542.003, and 542.055 as well as violations of several subsections of the Tex. Bus. & 

Com. Code §§ 17.46(b). Plaintiff further alleges that Defendant breached the insurance contract. 

2. Plaintiff served Defendant with process through its registered agent on February 

24, 2020. Accordingly, this removal is timely pursuant to 28 U.S.C. §1446(b). 

6:20-cv-184

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DIVERSITY JURISDICTION UNDER 28 U.S.C. §1332 AND §1441 

3. This Court has original jurisdiction over the Action pursuant to 28 U.S.C. §§1332 

and 1441 because: (1) there is complete diversity between Plaintiff and AIC; and (2) the amount 

in controversy exceeds $75,000 exclusive of interest and costs. 

A. Complete Diversity Exists. 

4. Upon information and belief, Plaintiff is a resident of the state of Texas. For 

purposes of complete diversity, the citizenship of an LLC is determined by the citizenship of all 

of its members. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). At the 

time of the commencement of this suit and since then, Plaintiff has been a Texas limited liability 

company whose sole member is Jeff Hansen. According to Plaintiff’s filings with the Texas 

Secretary of State, as of 2018, Mr. Hansen resided in Arlington, Texas. Additionally, Mr. Hansen 

is counsel of record in this matter, and his signature block reflects a current business address in 

Arlington, Texas. 

5. AIC is a citizen of the states of Ohio and Illinois. A corporation is 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. 28 U.S.C. § 1332. At the time of the 

commencement of this suit and since then, Defendant has been a corporation organized under the 

laws of the state of Ohio with its principal place of business in the state of Illinois. Therefore, AIC 

is a citizen of Ohio and Illinois within the meaning of 28 U.S.C. § 1332(c) and is completely 

diverse from Plaintiff, a resident of Texas. 

B. Amount in Controversy is Met. 

6. The amount in controversy in this matter exceeds $75,000 exclusive of interest 

and costs. “[A] defendant’s notice of removal need include only a plausible allegation that the 

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amount in controversy exceeds the jurisdictional threshold.” Dart Cherokee Basin Operating Co., 

LLC v. Owens, 135 S. Ct. 547, 554 (2014). Here, Plaintiff’s petition states that “Plaintiff seeks 

monetary relief of over $1,000,000.00.” Plaintiff’s First Am. Pet. at ¶ 4. Additionally, Exhibit 

“A” to Plaintiff’s First Amended Petition reflects that, prior to commencing the Action, 

Plaintiff estimated his damages to be $708,500.00. See Exh. “A” at p. 6. Therefore, the amount 

in controversy has been met.

VENUE PROPER IN THIS COURT 

7. Venue in this Court is proper under 28 U.S.C. §§ 1441(a) and 1446(a), which 

provide for removal of any civil action to the federal district court for the district and division 

embracing the place where the state court action is pending. This Court embraces the 220th 

Judicial District Court of Bosque County, Texas, which is the state court in which this Action was 

filed and pending. 28 U.S.C. §§ 1391 and 1441(a). 

ALL PROCEDURAL REQUIREMENTS FOR REMOVAL SATISFIED 

8. Pursuant to 28 U.S.C. §1446(a), true and correct copies of all process, pleadings, 

and orders from the state court file of the Action are being filed with this Notice of Removal. 

Pursuant to 28 U.S.C. §1446(d), written notice of filing of this Notice of Removal will be given to 

Plaintiff promptly after filing the same, and a true and correct copy of the Notice of Removal will 

be filed with the District Clerk for the 220th District Court of Bosque County, Texas. 

9. Based upon the foregoing, AIC is entitled to remove this Action to this Court under 

28 U.S.C. §§ 1332, 1441 and 1446. 

WHEREFORE, AIC serves this Notice that this Action has been removed to the United 

States District Court for the Western District of Texas, Waco Division. 

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Respectfully submitted, 

DYKEMA GOSSETT PLLC 

112 East Pecan Street, Suite 1800 

San Antonio, Texas 78205 

(210) 554-5500 – Telephone 

(210) 226-8395 – Facsimile 

By: /s/ Thomas E. Sanders

Thomas E. Sanders 

State Bar No. 00794589 

tsanders@dykema.com

Neyma E. Figueroa 

State Bar No. 24097684 

nfigueroa@dykema.com

ATTORNEYS FOR DEFENDANT,

THE AMERICAN INSURANCE COMPANY

CERTIFICATE OF SERVICE 

I certify that the foregoing document has been served on the following counsel of record 

via the court’s ECF system in accordance with the Federal Rules of Civil Procedure on March 13, 

2020. 

Jeffrey E. Hansen 

State Bar No. 00784208 

HANSEN & ASSOCIATES 

1101-A North Little School Road 

Arlington, Texas 76017 

817.429.0956 - Telephone 

817.496.4605 – Facsimile 

jeff@hhattorneys.com 

maggi@hansenattorneys.com 

ATTORNEYS FOR PLAINTIFF, 

KCM RANCH HOLDINGS, LLC 

/s/ Neyma E. Figueroa

Neyma E. Figueroa 

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