UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

EL PASO DIVISION 

ADRIAN SEGOVIA § 

 § 

Plaintiff, § 

 § 

v. § Civil Action No ___________ 

 § 

CONVERGEONE, INC. § 

 § 

Defendant. § 

DEFENDANT’S NOTICE OF REMOVAL 

Pursuant to 28 U.S.C. §§ 1441, et seq., Defendant ConvergeOne, Inc. 

(“ConvergeOne” or “Defendant”) submits this Notice of Removal (“Notice”) to remove this civil 

action from the 120th Judicial District Court, El Paso County, to the United States District Court 

for the Western Division of Texas, El Paso Division. In support thereof, Defendant states as 

follows: 

RELEVANT FACTS 

1. This employment case, filed April 14, 2020, is brought by Adrian Segovia 

(“Segovia”). 

2. Segovia brings claims under the federal Americans with Disabilities Act 

(“ADA”), 42 U.S.C. § 12101, as amended, as well as the Texas Commission on Human Rights 

Act (“TCHRA”), Tex. Lab. Code. Ch. 21 (See Ex. B, Plaintiff’s Original Petition (“Petition”) at ¶ 

4). 

3. Segovia served the Petition upon Defendant on April 21, 2020. 

4. The thirty-day period within which this action may be removed extends 

through May 21, 2020. The removal period has not yet expired. 

3:20-cv-142

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BASIS FOR REMOVAL 

5. This action is removable to the United States District Court under 28 U.S.C. 

§§ 1441(c) and 1331 based on federal question jurisdiction. 

6. This Court has original jurisdiction over this action based upon a federal 

question. Federal question jurisdiction exists when a civil action “aris[es] under the 

Constitution, laws or treaties of the United States.” 28 U.S.C. § 1331. Under the well-pleaded 

complaint rule, a determination as to whether a federal question exists depends upon the 

allegations of the plaintiff’s pleading. Medina v. Ramsey-Steel Co., Inc., 238 F.3d 674, 680 

(5th Cir. 2001). In this case, the Petition asserts a request for relief under the ADA, a federal 

statute. (See Ex B, Petition, at ¶ 4). Therefore, federal question jurisdiction exists. 

7. The Petition also alleges disability discrimination under the TCHRA, Tex. 

Lab. Code. Ch. 21. (See Ex. B, Petition, at ¶ 4). This Court has supplemental jurisdiction over 

Plaintiff’s TCHRA claim because it “derives from a common nucleus of operative facts” of 

Plaintiff’s ADA claim. United Mine Workers v. Gibbs, 383 U.S. 715, 725 (1966); 28 U.S.C. 

§ 1367(a). 

8. Accordingly, this action is one over which this court has original 

jurisdiction per 28 U.S.C. § 1331 and removal jurisdiction pursuant to 28 U.S.C. § 1441. 

9. Venue in the Western District of Texas is proper under 28 U.S.C. §1441(a) 

because the state court where the action is pending is located in this district. 

10. This Notice is timely filed within thirty (30) days of Plaintiff serving 

Plaintiff’s Original Petition on November 25, 2019. 28 U.S.C. §1446(b). 

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11. By virtue of this Notice, Defendant does not waive its right to assert any 

claims or other motions, including Rule 12 motions, permitted by the Federal Rules of Civil 

Procedure. 

12. No admission of fact, law, or liability is intended by the Notice, and 

Defendant expressly reserves all defenses and affirmative defenses. 

13. There are no other Defendants from whom consent to remove is required. 

14. This Notice is signed pursuant to Federal Rule of Civil Procedure 11. 

15. This Notice is accompanied by copies of the following: 

a. An index of all documents filed in state court that clearly identifies 

each document and indicates the date the document was filed in state 

court (Exhibit A); 

b. Pleadings ascertaining causes of action, e.g., petitions, 

counterclaims, cross actions, third-party actions, interventions, and 

all answers to such pleadings, and non-discovery related documents 

filed in state court (Exhibit B); 

c. A copy of the docket sheet in the state court action (Exhibit C). 

d. A list of all counsel of record, including addresses, telephone 

numbers, and parties represented (Exhibit D). 

16. Pursuant to 28 U.S.C. §1441(d), Defendant shall provide written notice of 

the filing of this Notice to all adverse parties, and a copy of this Notice is also being filed with the 

Clerk of the State Court in which this case was originally filed.

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CONCLUSION AND PRAYER 

WHEREFORE, PREMISES CONSIDERED, Defendant accordingly prays that this Court 

deem this Notice to be good and sufficient, and that the Court take jurisdiction of this action to its 

conclusion and to final judgment to the exclusion of any further proceedings in the state court in 

accordance with law. 

Respectfully submitted this the 20th day of May 2020. 

Respectfully submitted, 

/s/ Mauro Ramirez 

MAURO RAMIREZ 

Texas Bar No. 24060460 

Federal ID No. 877306 

FISHER & PHILLIPS LLP 

910 Louisiana Street, Suite 4000 

Houston, TX 77002 

Tel: (713) 292-0150 

Fax: (713) 292-0151 

mramirez@fisherphillips.com

ATTORNEY FOR DEFENDANT, 

CONVERGEONE, INC. 

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that the foregoing Defendant’s Notice of Removal 

was filed on May 20, 2020 in accordance with the e-filing protocols of the United States District 

Court for the Western District of Texas via CM/ECF filing. 

John A. Wenke 

501 E. California Ave. 

El Paso, TX 79902 

lawoffice@johnwenke.com

/s/ Mauro Ramirez 

MAURO RAMIREZ

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