NOTICE OF REMOVAL – PAGE 1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

ISS FACILITY SERVICES, INC., 

Plaintiff 

v. 

BACCO, INC. AND JOHN DAVID 

BAKER 

Defendants. 

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Civil Action No.____________________ 

NOTICE OF REMOVAL

Defendants Bacco, Inc. and John David Baker (“Defendants”) file this Notice of Removal 

pursuant to 28 U.S.C. §§ 1332, 1441, and 1446 and remove this action from the 57th Judicial 

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

Texas, San Antonio Division. This Notice of Removal is supported by the facts set forth below 

and the attached appendix containing all documents filed in the state court action. 

Preliminary Statement 

As set forth more fully below, the State Court Action is properly removable to federal court 

pursuant to 28 U.S.C. §§ 1332 and 1441. The Court has diversity jurisdiction over this case because 

(i) this is a civil action between citizens of different states; (ii) the amount in controversy exceeds 

$75,000, exclusive of costs and interest; and (iii) Defendants have satisfied the procedural 

requirements for removal. 

Diversity jurisdiction exists

Under 28 U.S.C. § 1332, federal courts have original jurisdiction in “civil actions where 

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

between ... citizens of different States and in which citizens or subjects of a foreign state are 

5:20-cv-00749

Case 5:20-cv-00749 Document 1 Filed 06/24/20 Page 1 of 3
NOTICE OF REMOVAL – PAGE 2 

additional parties.” 28 U.S.C. § 1332(a). Here, Plaintiff’s petition seeks “monetary relief of 

over $200,000.”1 As such, the amount in controversy exceeds $75,000. Plaintiff is a citizen of 

Delaware and Texas,2 and Defendants are both citizens of Oklahoma.3 As such, complete 

diversity exists. 

Removal is procedurally proper

Removal is timely in that no more than thirty days have elapsed since citation was served. 

See 28 U.S.C. § 1446(b); Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 347 

(1999). Specifically, Mr. Baker was served with citation on May 26, 2020.4 This Notice of 

Removal is timely filed within thirty days of such service. 

This action is properly removed to the United States District Court for the Western 

District of Texas, San Antonio Division, because the State Court Action is pending in Bexar 

County, Texas, which is within the San Antonio Division. See 28 U.S.C. §1446(a).

Pursuant to 28 U.S.C. §1446(a) copies of all process, pleadings, and orders filed in state 

court are attached to the appendix hereto. 

Conclusion 

Wherefore, Defendants remove the underlying state court action and request that the 

Court assume jurisdiction for all purposes. 

 

1

 Petition at ¶ 6 (App. at 002). 

2

Id. at ¶ 2 (App. at 001). 

3

Id. at ¶¶ 3-4. Bacco’s principal place of business is in Oklahoma. 

4

 Return of Service (App. at 009). 

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NOTICE OF REMOVAL – PAGE 3 

Respectfully submitted, 

/s/ Jason M. Hopkins 

Jason M. Hopkins 

Texas Bar No. 24059969 

Jason.Hopkins@dlapiper.com

DLA PIPER LLP 

1900 N. Pearl Avenue, Suite 2200 

Dallas, Texas 75201 

214-743-4500 – telephone 

ATTORNEYS FOR DEFENDANTS 

CERTIFICATE OF SERVICE 

I certify that I served the foregoing notice of removal on all counsel of record via 

certified mail, return receipt requested on June 24, 2020. 

/s/ Jason M. Hopkins 

Jason M. Hopkins 

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