UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

JOSE LOPEZ and

GUADALUPE LOPEZ,

Plaintiffs,

vs.

OVINTIV USA INC. f/k/a

ENCANA OIL & GAS (USA) INC.

Defendant.

§

§

§

§

§

§

§

§

§

§

§

CIVIL ACTION NO. ________________

DEFENDANT’S NOTICE OF REMOVAL

TO THE HONORABLE UNITED STATES DISTRICT JUDGE

Defendant, Ovintiv USA Inc. f/k/a Encana Oil & Gas (USA) Inc. (“Ovintiv”), hereby

provides notice of removal of this action, from the 81st Judicial District Court of Karnes County, 

Texas to the United States District Court for the Western District of Texas, San Antonio Division,

pursuant to Sections 1332, 1441, and 1446 of the United States Code, stating the following as grounds 

for removal:

I. BRIEF STATEMENT OF NOTICE

1. This is a civil dispute arising out of the alleged injuries Plaintiff, Jose Lopez, 

purportedly suffered when he fell off of a workover rig platform at a wellsite. Plaintiff claims to have 

suffered injuries as a result of the accident and brings a cause of action against Defendant for 

negligence and premises liability. Mr. Lopez’s wife, Guadalupe Lopez, also brought claims against 

Defendant for loss of consortium. Plaintiffs seek monetary relief in excess of $1,000,00.00. 

2. Plaintiffs are citizens of the State of Texas and reside in Texas. Defendant Ovintiv is 

foreign for-profit corporation organized under the laws of the State of Delaware. Ovintiv’s principal 

Case 5:20-cv-00483 Document 1 Filed 04/17/20 Page 1 of 6
DEFENDANT’S NOTICE OF REMOVAL PAGE 2 OF 6

place of business is located in Denver, Colorado. A corporation is a citizen of the state where it is 

incorporated and of the state where it has its principal place of business. See 28 U.S.C. § 1332(c)(1); 

Lincoln Prop. Co. v. Roche, 546 U.S. 81, 88-89 (2005). Thus, Defendant is a citizen of Delaware and 

Colorado for purposes of diversity jurisdiction. Plaintiffs and Ovintiv are the only “parties” identified 

in Section II of the Petition. 

3. Because there is complete diversity of citizenship between Plaintiffs on the one hand 

and Defendant on the other, and because the matter in controversy exceeds the sum or value of 

$75,000, exclusive of interest and costs, jurisdiction is correctly vested in this Court. See Burden v. 

General Dynamics Corp., 60 F.3d 213, 220-221 (5th Cir. 1995). 

II. PROCEDURAL BACKGROUND

4. Plaintiffs filed their Original Petition on March 26, 2020 in Cause No. 20-03-00061-

CVK, styled Jose Lopez and Guadalupe Lopez v. Ovintiv USA Inc. f/k/a Encana Oil & Gas (USA, Inc.), in 

the 81st Judicial District Court of Karnes County, Texas (the “State Court Action”). Defendant agreed 

to accept service of Plaintiffs’ Original Complaint and citation on March 26, 2020.

5. Defendant’s Original Answer date is on or before April 20, 2020 at 10:00 a.m. 

Defendant files this Notice of Removal within thirty (30) days after the date on which it agreed to 

accept service of a copy of Plaintiffs’ Original Petition and citation. Pursuant to 28 U.S.C. § 1446(b), 

Defendant’s Notice of Removal is timely.

III. BASIS FOR REMOVAL

A. There is complete diversity between Plaintiffs and Defendant.

6. Diversity jurisdiction is present when all parties on one side of action are citizens of 

different states than the parties on other side. See 28 U.S.C. § 1332(a); Getty Oil Corp., a Div. of Texaco, 

Inc. v. Insur. Co. of N.A., 841 F.2d 1254, 1258 (5th Cir. 1988). 

Case 5:20-cv-00483 Document 1 Filed 04/17/20 Page 2 of 6
DEFENDANT’S NOTICE OF REMOVAL PAGE 3 OF 6

7. Here, Plaintiffs have alleged that they are citizens of Texas. Pl.’s Orig. Compl. ¶ 2.1-

2.2. Defendant, Ovintiv, has its principal place of business at 370 17th Street, Suite 1700, Denver 

Colorado 80202. 

8. Defendant is a for-profit corporation organized under the laws of the State of

Delaware. It had its principal offices in Colorado at the time the State Court Action was filed and at 

the time of the filing of this Notice of Removal. Therefore, Defendant is not a citizen of the State of 

Texas for purposes of federal diversity jurisdiction and complete diversity of citizenship exists in this 

action. See 28 U.S.C. § 1332(a) (“The district courts shall have original jurisdiction of all civil actions 

where the matter in controversy exceeds the sum or value of $75,000, exclusive of interests and costs, 

and is between citizens of different states.”). 

B. The amount in controversy exceeds $75,000.00.

9. To establish federal diversity jurisdiction, the removing party must show that the 

amount in controversy “exceeds the sum or value of $75,000, exclusive of interest and costs.” 28 

U.S.C. § 1332(a). The amount in controversy is determined at the time of removal. Gebbia v. WalMart Stores, Inc., 233 F.3d 880, 883 (5th Cir. 2000). The amount in controversy is determined by the 

amount sought on the face of the state court petition, so long as the claim is made in good faith. St. 

Paul Reins. Co. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir. 1998); De Aguilar v. Boeing Co., 47 F.3d 1404, 

1408 (5th Cir. 1995). 

10. Here, the face of Plaintiffs’ complaint makes clear that Plaintiffs seek damages in 

excess of $1,000,000.00. Pl.’s Orig. Compl. ¶ 3.2. Because the amount in controversy is in excess of 

$75,000.00, this case is properly removable to federal court. 28 U.S.C. § 1332(a) 

Case 5:20-cv-00483 Document 1 Filed 04/17/20 Page 3 of 6
DEFENDANT’S NOTICE OF REMOVAL PAGE 4 OF 6

IV. PROCEDURAL REQUIREMENTS

1. This action is properly removed to this Court as the State Court Action is pending 

within this district and division. See 28 U.S.C. §§ 1441 and 1446(a). The following documents are 

attached to this Notice of Removal for the convenience of the Court:

i. Exhibit A – The docket sheet in the State Court Action;

ii. Exhibit B – Plaintiffs’ Original Petition filed in the State Court 

Action (Exhibit B-1) and Defendant’s Answer filed in the State 

Court Action (Exhibit B-2);

iii. Exhibit C – A list of all counsel of record, including addresses, 

telephone numbers, and parties represented; and

iv. Exhibit D – An index of matters being filed. 

11. Pursuant to 28 U.S.C. § 1446(d), Defendant is simultaneously filing a copy of this 

Notice of Removal in the 81st Judicial District Court of Karnes County, Texas. A copy of the Notice 

of Removal to be filed in the State Court Action is attached hereto as Exhibit E.

V. CONCLUSION

WHEREFORE, PREMISES CONSIDERED, Defendant removes this action from the 81st 

Judicial District Court of Karnes County, Texas to the United States District Court for the Western 

District of Texas, San Antonio Division, so that this Court may assume jurisdiction over the case as 

provided by the law. 

Case 5:20-cv-00483 Document 1 Filed 04/17/20 Page 4 of 6
DEFENDANT’S NOTICE OF REMOVAL PAGE 5 OF 6

Respectfully submitted,

BRADLEY ARANT BOULT CUMMINGS LLP

/s/ Mary E. Frazier

Jeffrey S. Davis

Texas State Bar: 00783936

Mary E. Frazier

Texas State Bar: 24054592

600 Travis Street, Suite 4800

Houston, TX 77002

Telephone: 713.576.0300

Facsimile: 713.576.0301

jsdavis@bradley.com

mfrazier@bradley.com

ATTORNEYS FOR DEFENDANT, OVINTIV USA 

INC. f/k/a ENCANA OIL & GAS (USA) INC.

Case 5:20-cv-00483 Document 1 Filed 04/17/20 Page 5 of 6
DEFENDANT’S NOTICE OF REMOVAL PAGE 6 OF 6

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing document was served on the 

following counsel of record by e-service in accordance with the ECF system on this 17th day of April, 

2020:

Erin J. Rogiers

State Bar No. 24083597

Mikal C. Watts

State Bar No. 20981820

WATTS GUERRA, LLP

4 Dominion Dr.

Bldg. 3, Ste. 100

San Antonio, Texas 78205

Telephone: (210) 447-0500

Facsimile: (210) 447-0501

erogiers@wattsguerra.com

mcwatts@wattsguerra.com

Gregory Gowan

State Bar No. 00795384

GOWAN ELIZONDO, LLP

555 N. Carancahua Street, Suite 1400

Corpus Christi, Texas 78401

Telephone: (361) 651-1000

Facsimile: (361) 651-1001

ggowan@gelawfirm.com

ATTORNEYS FOR PLAINTIFFS

/s/Mary E. Frazier

Mary E. Frazier

Case 5:20-cv-00483 Document 1 Filed 04/17/20 Page 6 of 6