7635927 v1 (72413.00004.000) 

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

EL PASO DIVISION 

KEILA ALMANZAR 

Plaintiffs, 

V. 

DANIEL ANDRE EAGLESTAR; 

WILLIS OF ARIZONA, INC.; SHAMROCK 

FOODS, CO. AND JORGE AVITIA 

Defendants.

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 CIVIL ACTION NO. __________________ 

DEFENDANTS’ NOTICE OF REMOVAL 

COMES NOW Defendants Daniel Andre Eaglestar And Shamrock Foods, Co. 

(collectively “Defendants”), whom pursuant to 28 U.S.C. §§ 1441 and 1446, make and file this 

Notice of Removal of an action pending in the County Court at Law Number 3 of El Paso 

County, Texas, Cause No. 2020-DCV-1045, and state as follows: 

PRELIMINARY STATEMENT

1. This action belongs in the United States District Court for the Western District of

Texas, El Paso Division, because all proper parties are of diverse citizenship and the amount in 

controversy exceeds $75,000.00. 

PROCEDURAL HISTORY

2. On or about March 20, 2020, Plaintiff Keila Almanzar (“Plaintiff”) filed the Original

Petition against Daniel Andre Eaglestar And Shamrock Foods, Co. in the County Court at Law 

Number 3 of El Paso County, Texas, Cause No. 2020-DCV-1045. A true and correct copy of 

Plaintiff's Original Petition is attached hereto as Exhibit “B-1.” 

3:20-cv-117

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7635927 v1 (72413.00004.000) 

3. Plaintiff served Defendant Daniel Andre Eaglestar (“Eaglestar”) with citation on

April 3, 2020 by personal service.1

 

4. Plaintiff served Defendant Shamrock Foods, Co. (“Shamrock”) with citation on or

about April 13, 2020.2

5. Eaglestar and Shamrock timely filed an answer and jury demand in state court on

April 17, 2020.3

 

6. Fewer than thirty days have elapsed since Plaintiff served Eaglestar with the

Original Petition and summons. 

7. Fewer than thirty days have elapsed since Plaintiff served Shamrock with the

Original Petition and summons. 

8. Pursuant to 28 U.S.C. § 1446, Defendants attach to this Notice of Removal a true

and correct copy of: (1) an index of all matters being filed; (2) all pleadings and answers; (3) 

executed process currently available to Defendants; (4) all orders signed by the judge; (5) the 

state-court docket sheet; and (6) a list of all counsel of record and the parties they represent. 

9. Written notice of the filing of this Notice of Removal is being filed with the County

Court at Law Number 3 of El Paso County, Texas, and provided to Plaintiff as required by the 

federal rules. 

GROUNDS FOR REMOVAL

A. Diversity Jurisdiction Exists. 

10. Removal to this Court is proper pursuant to 28 U.S.C. §§ 1441(a) and 1446

because this is a civil action over which the federal district courts have original jurisdiction. 28 

1

 Exhibit D. 

2

 Exhibit C. 

3

 Exhibits B-2, B-3. 

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7635927 v1 (72413.00004.000) 

U.S.C. § 1441(a) states that a civil case filed in state court may be removed to federal court if the 

case could have been originally brought in federal court. 

11. This Court has original jurisdiction under 28 U.S.C. § 1332 by reason of diversity

of citizenship. Pursuant to 28 U.S.C. § 1332(a), federal district courts have original jurisdiction 

of all civil actions between citizens of different states where the matter in controversy exceeds 

$75,000.00, exclusive of interest and costs. 

12. At the time this action was first filed, Plaintiff was, and remains, a citizen of the State

of Texas. Defendant Eaglestar, was, and remains, an individual who is a citizen of New Mexico. 

Defendant Jorge Avita was, and remains, an individual who is a citizen of New Mexico. 

Defendant Shamrock Foods, Co. was, and remains a foreign for-profit corporation incorporated 

in Arizona, with its place of business in Arizona. Thus, it is a citizen of Arizona. 

Defendant Willis of Arizona, Inc. who merged with and is survived by Willis Towers Watson 

Insurance Services West, Inc. of California was, and remains, and a foreign for-profit 

corporation incorporated in Tennessee, with its place of business in Tennessee. Thus, it 

is a citizen of Tennessee. 

13. To establish diversity jurisdiction under 28 U.S.C. § 1332(a), the removing party

must show that the amount in controversy exceeds $75,000, exclusive of interests and costs.4

 In 

the Original Petition, Plaintiff claims damages of over $1,000,000.5

 Therefore, the amount in 

controversy, exclusive of interest and costs, exceeds $75,000.00. 

4 See White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003). 5

 Exhibit B-1, at ¶ 2. 

principal

principal

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7635927 v1 (72413.00004.000) 

B. Removal is Timely. 

14. A notice of removal must be filed within thirty (30) days after a defendant is 

served with the state-court petition.6

 Eaglestar was served with Plaintiff’s Original Petition and 

summons on April 3, 2020.7

 Shamrock was served on or about April 13, 2020 with the Plaintiff’s 

Original Petition and summons.8

15. Defendants file this Notice of Removal on April 29, 2020 within thirty days of the 

date of service. Therefore, removal is timely. 

CONCLUSION

16. Defendants hereby remove this action to the United States District Court for the 

Western District of Texas. The parties are completely diverse and the amount in controversy 

exceeds $75,000. 

WHEREFORE, Defendants Daniel Andre Eaglestar And Shamrock Foods, Co., hereby 

notice the removal of the above action now pending in the County Court at Law Number 3 of El 

Paso County, Texas. 

 

6 See 28 U.S.C. § 1446(b). 7

 Exhibit D. 

8

 Exhibit C. 

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7635927 v1 (72413.00004.000) 

Respectfully submitted, 

KANE RUSSELL COLEMAN LOGAN PC

By: 

Chris C. Pappas 

State Bar No. 15454300 

cpappas@krcl.com 

Darrell R Greer 

State Bar No. 08413500 

dgreer@krcl.com 

David K. Ellender 

State Bar No. 24073288 

dellender@krcl.com 

5051 Westheimer Road, 10th Floor 

Houston, Texas 77056 

Telephone: 713.425.7400 

Facsimile: 713.425.7700 

ATTORNEYS FOR DEFENDANTS DANIEL ANDRE

EAGLESTAR AND SHAMROCK FOODS, CO. 

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing document has 

been sent to all known counsel pursuant to the Texas Rules of Civil Procedure on this the 29th 

day of April, 2020. 

Attorneys for Plaintiff: 

Veronica Sepulveda Martinez 

Ida Cecilia Garza 

Daniel R. Sorrells 

Law Office of Rogelio Solis, PLLC 

P. O. Box 3800 

El Paso, TX 79923 

rogelio@38Ihelp.com

veronica@garzamartinezlaw.com

cecilia@garzamartinezlaw.com

daniel@38Ihelp.com 

Attorney for Defendant Jorge Avita: 

Raymond J. Baeza 

Law Offices of Daniel G. Acosta 

3800 E. Lohman Avenue, Suite B 

Las Cruces, New Mexico 88011 

raymond.1.baeza@farmersinsurance.com 

Chris C. Pappas 

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