NOTICE OF REMOVAL PAGE 1 

UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF TEXAS

EL PASO DIVISION

RAILROAD DRIVE INVESTMENTS, LLC §

d/b/a LIBERTY LUXURY TOWNHOMES §

§ 

§ 

Plaintiff, 

v.

§ 

§ 

§ Civil Action No. 3:20-cv-00110

§

PHILADELPHIA INDEMNITY §

INSURANCE COMPANY §

§ 

§ 

Defendant. § 

NOTICE OF REMOVAL

Defendant Philadelphia Indemnity Insurance Company files this Notice of Removal, and, 

in support, respectfully shows the following: 

I. THE COURT HAS DIVERSITY JURISDICTION

Plaintiffs filed this lawsuit on March 25, 2020, in El Paso County, Texas, against Defendant

Philadelphia Indemnity Insurance Company, styled as Railroad Drive Investments, LLC, dba 

Liberty Luxury Townhomes v. Philadelphia Indemnity Insurance Company, cause no. 

2020DCV1125, in County Court at Law No. 3, El Paso County, Texas. The lawsuit involves an 

insurance claim Plaintiff submitted to Philadelphia. Philadelphia now removes this action on the 

basis of diversity jurisdiction because the Parties are diverse, and the amount in controversy 

exceeds $75,000. 

A. The Plaintiffs and Philadelphia are Diverse

Removal is proper under 28 U.S.C. §1446(a)(1) because there is complete diversity of 

citizenship between Plaintiff and Philadelphia, the sole Defendant. For purposes of diversity of 

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NOTICE OF REMOVAL PAGE 2

citizenship, Plaintiff Railroad Drive Investments, LLC, dba Liberty Luxury Townhomes, is a 

citizen of the State of Texas, because it is a limited liability company whose members are natural 

persons who are domiciled in Texas. See Ex. 1, ¶3; Newman-Green, Inc. v. Alfonzo-Larrain, 490 

U.S. 826, 828 (1989) (holding a natural person is citizen of state in which she domiciles). 

Philadelphia is a citizen of Pennsylvania, being an insurance company formed under Pennsylvania 

law with its principal place of business at One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 

19004. See Hertz Corp. v. Friend, 559 U.S. 77, 80 (2010) (holding corporations are a citizen of 

the state in which they are incorporated and in the state in which their principal place of business 

is located). Based on the foregoing, Plaintiff and Philadelphia are completely diverse within the 

meaning of §1332(a).

B. The Amount in Controversy Exceeds $75,000

Plaintiffs seek monetary relief greater than $200,000 and less than $1 million. See Ex. 1, 

¶2. Therefore, the amount in controversy exceeds the $75,000 threshold required to invoke 

diversity jurisdiction. 28 U.S.C. §1332(a); see St. Paul Reins. Co., Ltd. v. Greenberg, 134 F.3d 

1250, 1253 (5th Cir. 1998) (noting the district court examines the complaint to determine whether 

it is facially apparent that the claim exceeds the jurisdictional minimum); see also KVOS, Inc. v. 

Associated Press, 299 U.S. 269, 277 (1936) (holding allegation in pleading is sufficient to establish 

amount in controversy).

II. VENUE IS PROPER

Venue is proper in this District and Division under 28 U.S.C. §§124(d)(3), 1441(a), and 

1446(a) in that the Western District of Texas, El Paso Division encompasses El Paso, Texas, and 

is “the district and division embracing the place where such action is pending.”

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NOTICE OF REMOVAL PAGE 3

III. REMOVAL IS TIMELY

This matter was filed on March 25, 2020. Agent for Service of Process accepted service by 

certified mail on Philadelphia’s behalf on April 2, 2020. Therefore, this notice of Removal is timely 

pursuant to 28 U.S.C. §1446(b)(1) because it is filed within 30 days after Philadelphia was served 

with Plaintiffs’ Original Petition.

IV. THE REMOVAL IS PROCEDURALLY CORRECT

Pursuant to 28 U.S.C. §1446(a), copies of process and Plaintiffs’ Original Petition are 

attached hereto as Exhibit 1. No orders have been served on Philadelphia. Pursuant to 28 U.S.C. 

§1446(d), promptly after Philadelphia files this Notice of Removal, written notice of the filing will 

be served on Plaintiffs, and a true copy of this Notice of Removal will be filed with the Clerk of 

the El Paso County District Court, the state court from which this action was removed.

V. PRAYER

This Court has jurisdiction over this action pursuant to 28 U.S.C. §1332(a), and the matter 

was removed in accordance with section 28 U.S.C. §1446. Accordingly, Philadelphia respectfully 

prays that the United States District Court for the Western District of Texas, El Paso Division, file 

the Notice of Removal, assume jurisdiction of this lawsuit, and issue all such further orders and 

processes as may be necessary.

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NOTICE OF REMOVAL PAGE 4

Respectfully submitted,

/s/ Stephen A. Melendi

Stephen A. Melendi

Texas Bar No. 24041468

stephenm@tbmmlaw.com

Matthew Rigney

Texas Bar No. 24068636

mattr@tbmmlaw.com

Tollefson Bradley Mitchell & Melendi, LLP

2811 McKinney Avenue, Suite 250

Dallas, Texas 75204

Telephone: 214-665-0100

Facsimile: 214-665-0199

ATTORNEYS FOR DEFENDANT

PHILADELPHIA INDEMNITY INSURANCE 

COMPANY

CERTIFICATE OF SERVICE

I hereby certify that on April 27, 2020, I electronically filed the foregoing with the Clerk 

of Court using the CM/ECF system, which will electronically send notification to all counsel of 

record. 

/s/ Stephen A. Melendi

Stephen A. Melendi

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