IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

TINA M. HALE, as next of kin of 

MICHAEL HALE, DECEASED 

Plaintiff, 

v. 

ASSURITY LIFE INSURANCE 

COMPANY 

Defendant. 

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C.A. NO. 5:20-cv-00250 

NOTICE OF REMOVAL 

Defendant Assurity Life Insurance Company (“Assurity”) files this Notice of Removal 

pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, and would show the Court as follows: 

I. COMMENCEMENT AND SERVICE 

1. On January 17, 2020, Plaintiff Tina M. Hale (“Plaintiff”) commenced this action 

against Assurity by filing her Original Petition and Request for Disclosure (“Petition”) in the 37th

Judicial District Court, of Bexar County, Texas, styled Cause No. 2020-CI-01142, Tina M. Hale 

v. Assurity Life Insurance Company.1

2. Assurity was served with service of process and Plaintiff’s Petition through its 

designated agent for service by certified mail on February 10, 2020.2

3. This Notice of Removal is filed within thirty days of Assurity’s receipt of 

Plaintiff’s Petition and within one year of the commencement of this action in accordance with 

28 U.S.C. section 1446(b). 

1 See Exhibit A, Copy of Plaintiff’s Petition. 

2 See Exhibit B, Citation. 

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II. GROUNDS FOR REMOVAL 

4. Assurity is entitled to remove the entire state court matter to this Court pursuant to 

28 U.S.C. § 1332(a). Section 1332(a) provides, in pertinent part, that “[t]he 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 interest and costs, and is between . . . citizens of different 

states . . . .” 

5. Removal of the entire state court matter to this Court is also proper under 

28 U.S.C. §§ 1441(a) and 1446(a) because this Court’s district and division embraces the 

pending state court action in the 37th District Court, of Bexar County, Texas. 

6. Because the parties are completely diverse and the amount in controversy exceeds 

$75,000 under 28 U.S.C. § 1332(a), Assurity is entitled to remove this case to this Court 

pursuant to 28 U.S.C. § 1441. 

III. THE PARTIES ARE COMPLETELY DIVERSE 

7. This is an action with complete diversity of citizenship between Plaintiff and 

Assurity. 

8. Upon information and belief, Plaintiff is an individual domiciled in the state of 

Texas.3

 Plaintiff is therefore a citizen of Texas within the meaning and intent of 28 U.S.C. § 

1332. 

9. Assurity is incorporated in the State of Nebraska and has its principal place of 

business in Lincoln, Nebraska. Assurity is therefore a citizen of Nebraska within the meaning 

and intent of 28 U.S.C. § 1332.4

3 See Exhibit A at 1. 

4 Id.

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10. No change of citizenship has occurred since commencement of the state court 

action. Accordingly, diversity of citizenship exists between the proper parties. 

IV. AMOUNT IN CONTROVERSY EXCEEDS $75,000 

11. Plaintiff specifies the amount of damages sought in her Petition as “monetary 

relief of more than $100,000.”5

12. Accordingly, this Court has jurisdiction under 28 U.S.C. § 1332 because the 

amount in controversy exceeds $75,000. 

V. VENUE 

13. Venue lies in the United States District Court for the Western District of Texas – 

San Antonio Division pursuant to 28 U.S.C. §§ 1441(a) and 1446(a) because Plaintiff filed the 

state court action in this judicial district and division. 

VI. CONSENT TO REMOVAL 

14. Because Assurity is the only defendant, all defendants join in and consent to this 

removal. 

VII. NOTICE 

15. Assurity will give notice of the filing of this Notice of Removal to all parties of 

record pursuant to 28 U.S.C. § 1446(d). Assurity will also file with the clerk of the state court, 

and will serve upon Plaintiff’s counsel, a notice of the filing of this Notice of Removal. 

VIII. JURY DEMAND 

16. Plaintiff has demanded a jury trial in the state court action.6

5 See Exhibit A at 2. 

6 See Exhibit A at 8. 

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IX. STATE COURT PLEADINGS 

17. Copies of all state court pleadings and orders are attached to this Notice of 

Removal. This case is being removed from the 37th District Court, of Bexar County, Texas, 101 

W. Nueva, Suite 217, San Antonio, Texas 78205. 

X. EXHIBITS TO NOTICE OF REMOVAL 

18. The following documents are attached to this Notice as correspondingly lettered 

exhibits: 

Exhibit A: Copy of Plaintiff’s Original Petition and Request for Disclosure 

Exhibit B: Copy of Citation 

Exhibit C: Docket Sheet 

XI. CONCLUSION 

WHEREFORE, Defendant Assurity Life Insurance Company, pursuant to the statutes 

cited herein and in conformity with the requirements set forth in 28 U.S.C. § 1446, removes this 

action from the 37th District Court, of Bexar County, Texas to this Court. 

Dated: March 2, 2020. 

Respectfully submitted, 

MCDOWELL HETHERINGTON LLP 

By: /s/ Blaire B. Johnson ________ 

Thomas F. A. Hetherington 

Texas Bar No. 24007359 

Blaire B. Johnson 

Texas Bar No. 24064968 

1001 Fannin Street, Suite 2700 

Houston, Texas 77002 

Telephone: (713) 337-5580 

Facsimile: (713) 337-8850 

Email: Tom.Hetherington@mhllp.com 

Email: Blaire.Johnson@mhllp.com 

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ATTORNEYS FOR DEFENDANT 

ASSURITY LIFE INSURANCE 

COMPANY 

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing has been served on the 2nd 

day of March, 2020 on the following counsel of record by certified mail, return receipt 

requested: 

Pete T. Patterson 

4309 Yoakum Blvd., Suite 2000 

Houston, Texas 77006 

/s/ Blaire B. Johnson 

 Blaire B. Johnson 

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