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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

DONA HARVEY §

Plaintiff, §

§

v. § CASE NO. 5:20-CV-745

§

ALLSTATE FIRE AND CASUALTY §

INSURANCE COMPANY §

Defendant. §

DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY’S

NOTICE OF REMOVAL

Defendant, Allstate Fire and Casualty Insurance Company (“Allstate”), hereby removes 

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

Division, pursuant to 28 U.S.C. §§ 1441 and 1446, on the grounds of diversity of citizenship and 

amount in controversy, and respectfully shows the Court as follows:

I.

BACKGROUND 

1. On April 20, 2020, Plaintiff filed her First Amended Petition styled Dona Harvey v. 

Allstate Fire and Casualty Insurance Company, in the District Court of the 407th Judicial District 

of Bexar County, Texas, Cause No. 2019CI25784. Plaintiff asserts a claim for underinsured 

motorist benefits. See Exhibit A (Plaintiff’s First Amended Petition).

2. Plaintiff served Allstate with Plaintiff’s First Amended Petition and process on June 4, 

2020, by certified mail on its registered agent. See Exhibit B (Service of Process Transmittal 

Sheet). 

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3. Plaintiff seeks a declaratory judgment to establish her right to underinsured motorist 

benefits and pleads for damages “over $200,000.00, but not more than $1,000,000.00.” See 

Exhibit A, ¶9. 

4. Allstate has not filed an answer in State Court. 

5. The State Court’s Record Search including Case History for this matter is attached 

herein. See Exhibit C. 

II.

GROUNDS FOR REMOVAL

6. This Court has original jurisdiction of this suit based on 28 U.S.C. § 1332(a) because this 

suit involves a controversy between citizens of different states and there is complete diversity 

between the parties at the time of the filing of the suit and at the time of the removal. Further, 

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

A. Parties are Diverse

7. Plaintiff, Dona Harvey, is a natural person who resides in Bexar County, Texas. See 

Plaintiff’s First Amended Petition, Exhibit A, ¶2. Plaintiff has not pled any other facts of her

residency, intention to leave Texas, or domiciles in other States. Id. Accordingly, Defendant 

asserts that absent the same, Plaintiff’s citizenship at the time of the filing of the suit and at the 

time of removal is properly established as the State of Texas. See Hollinger v. Home State Mut. 

Ins. Co., 654 F.3d 564, 571 (5th Cir. 2011). 

8. Defendant Allstate Fire and Casualty Insurance Company is an Illinois corporation with 

its principle place of business in Illinois and is a citizen of Illinois. 

B. Amount in Controversy 

9. The party seeking federal jurisdiction must prove by a preponderance of the evidence that 

the amount in controversy exceeds $75,000.00. Grant v. Chevron Phillips Chem. Co. L.P., 309 

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F.3d 864, 868 (5th Cir. 2002). The removing party may satisfy its burden by either (1) 

demonstrating that it is “facially apparent” from the petition that the claim likely exceeds 

$75,000.00, or (2) “by setting forth the facts in controversy – preferably in the removal petition, 

but sometimes by affidavit – that support a finding of the requisite amount.” Allen v. R & H Oil 

& Gas Co., 63 F.3d 1326, 1335 (5th Cir. 1995). 

10. Here, it is facially apparent from Plaintiff’s petition that the claim exceeds $75,000.00. 

Specifically, Plaintiff’s First Amended Petition states:

“Plaintiff currently seeks monetary relief over $200,000.00 but not more 

than $1,000,000.00.”

See Exhibit A—Plaintiff’s First Amended Petition, ¶9. 

11. Based on the foregoing, the amount in controversy clearly exceeds $75,000.00. 

III. 

REMOVAL IS PROCEDURALLY PROPER

12. This notice of removal is timely filed within thirty (30) after service of process upon 

Defendant. See 28 U.S.C. §1441(b)(1). 

13. Venue is proper in this Court under 28 U.S.C. §1441(a) because this District and Division

of this Court embraces Bexar County, Texas, the place where the State Court suit was filed. 

14. Pursuant to 28 U.S.C. §1446(a), all pleadings, process, orders, and all other filings in the 

state court action are attached herein. 

15. Pursuant to 28 U.S.C. §1446(d), Defendant will promptly provide a true and correct copy 

of this Notice of Removal to Plaintiff and to the Clerk of Bexar County District Court. 

IV.

ATTACHMENTS

16. Pursuant to 28 U.S.C. § 1446(a) and Local Rule 3, Defendant includes with this notice of 

removal the following attachments, which are incorporated by reference: 

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 Civil Action Cover Sheet

 Exhibit A: Plaintiff’s First Amended Petition

 Exhibit B: Service of Process on Allstate 

 Exhibit C: State Court Docket Sheet 

WHEREFORE, Defendant Allstate Fire and Casualty Insurance Company requests that 

the Court accept jurisdiction over this case against it for the reasons set forth above, and grant 

Defendant any such other and further relief to which it shows itself justly entitled. 

Respectfully submitted,

VALDEZ & TREVIÑO, ATTORNEYS AT LAW, P.C.

Callaghan Tower

8023 Vantage Drive, Suite 700

San Antonio, Texas 78230

Telephone: (210) 598–8686

Facsimile: (210) 598–8797

/s/ Robert E. Valdez

Robert E. Valdez

State Bar No. 20428100

revaldez@valdeztrevino.com

Brittany M. Baker

State Bar No. 24089611

bbaker@valdeztrevino.com

Counsel for Defendant Allstate Fire and Casualty 

Insurance Company

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CERTIFICATE OF SERVICE

I do hereby certify that the foregoing instrument was served on the following counsel this 

24th day of June 2020, pursuant to Rule 5 of the Federal Rules of Civil Procedure, via email and 

via e-service in the state court proceeding:

Ryan L. Orsatti

RYAN ORSATTI LAW 

14855 Blanco Road, Suite 108

San Antonio, Texas 78216

Telephone: 210–525–1200 

Facsimile: 210–951–5545 

Email: ryan@ryanorsattilaw.com

/s/ Robert E. Valdez

Robert E. Valdez

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