DEFENDANT’S NOTICE OF REMOVAL Page 1

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

SAN ANTONIO AQUARIUM, LLC d/b/a §

SAN ANTONIO AQUARIUM, §

§

 Plaintiff, §

§

v. § CASE NO. 5:20-cv-00646

§

ATAIN SPECIALTY INSURANCE §

COMPANY, §

§

 Defendant. §

DEFENDANT ATAIN SPECIALTY INSURANCE COMPANY’S 

NOTICE OF REMOVAL 

Defendant Atain Specialty Insurance Company (“Atain”) files this Notice of Removal of 

this action from the District Court in the 57th Judicial District, Bexar County, Texas to the United 

States District Court for the Western District of Texas, San Antonio Division, the district and 

division in which the 57th Judicial District Court is located. This Notice of Removal is filed 

pursuant to 28 U.S.C. §§ 1441 and 1446. In support hereof, Atain shows this Court as follows:

On April 13, 2020, Plaintiff San Antonio Aquarium, LLC d/b/a San Antonio Aquarium

(“Plaintiff”) commenced an action against Atain in the District Court for the 57th Judicial District, 

Bexar County, Texas, entitled San Antonio Aquarium, LLC d/b/a San Antonio Aquarium v. Atain 

Specialty Insurance Company, pending as Cause No. 2020CI07043 (the “State Court Case”). 

Removal is timely because thirty (30) days have not elapsed since Plaintiff served its 

Original Petition (“Plaintiff”) on Atain,

1 as required by 28 U.S.C. § 1446(b). 

1 Citation in the State Court Case was issued on May 1, 2020. See Ex. B, p. 1. Atain was served with the 

citation on May 4, 2020. See id.

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DEFENDANT’S NOTICE OF REMOVAL Page 2

A copy of this Notice of Removal will be filed with the State of Texas District Court, in 

Bexar County, and a copy of this Notice of Removal will also be served on Plaintiff. Atain is, 

contemporaneously with the filing of this Notice, giving written notice of filing of this Notice of 

Removal with the clerk of the 57th Judicial District Court of Bexar County, Texas.

An index of the exhibits to this Notice of Removal is attached hereto as Exhibit A.

Attached hereto as Exhibits B and C are true and legible copies of the current docket sheet in the 

State Court Case and all process, pleadings, orders, and other papers or exhibits of every kind, 

including depositions, now on file in the State Court Case. A list of counsel of record in this case 

is attached hereto as Exhibit D.

Atain has filed contemporaneously with this Notice a civil cover sheet and the Supplement 

to JS44 Civil Cover Sheet for cases removed from state court. 

Ground for Removal: Diversity

This Court has original jurisdiction over this case pursuant to 28 U.S.C. § 1332, in that this 

is a civil action where the matter in controversy exceeds $75,000 and is between citizens of 

different States. 

A. The amount in controversy exceeds the federal minimum jurisdictional requirements.

Plaintiff has pled that it is seeking monetary relief over $1,000,000. See Petition, para. 5, 

p. 2, a true and correct copy of which is attached as the first document in Exhibit C. Thus, the 

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

B. There is complete diversity between Plaintiff and Defendant.

Under the diversity statute, corporations “shall be deemed to be a citizen of any State by 

which it has been incorporated and of the State where it has its principal place of business....” 28 

U.S.C. § 1332(c)(1).

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Plaintiff was at the time of the filing of this action, has been at all times since, and still is a 

corporation organized under the laws of Texas, with its principal place of business in Texas. 

Accordingly, Plaintiff is a citizen of Texas for purposes of determining diversity jurisdiction.

Atain is a corporation organized under the laws of Michigan, with its principal place of 

business in Michigan. Accordingly, Atain is a citizen of Michigan for purposes of determining 

diversity jurisdiction. 

Accordingly, complete diversity exists in this case and removal is proper because Plaintiff 

is a citizen of Texas and Atain is a citizen of Michigan. 

WHEREFORE, Defendant Atain Specialty Insurance Company prays that the abovedescribed action now pending in the 57th District Court in Bexar County, Texas, be removed to 

this Court.

Respectfully submitted,

/s/ Michael D. Feiler

MICHAEL D. FEILER

State Bar No. 24055475

MATT R. PICKELMAN

State Bar No. 24013328

QUILLING, SELANDER, LOWNDS, 

WINSLETT & MOSER, P.C.

2001 Bryan Street, Suite 1800

Dallas, Texas 75201

(214) 871-2100

(214) 871-2111 (Fax)

mpickelman@qslwm.com

mfeiler@qslwm.com

ATTORNEYS FOR DEFENDANT ATAIN 

SPECIALTY INSURANCE COMPANY 

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CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing instrument is being 

served upon all counsel of record via electronic means and in accordance with the Federal Rules 

of Civil Procedure on this 29th day of May, 2020.

/s/ Michael D. Feiler

Michael D. Feiler 

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