DEFENDANT’S NOTICE OF REMOVAL Page 1 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

PCT HOSPITALITY, INC., 

Plaintiff 

v. 

MT. HAWLEY INSURANCE COMPANY 

Defendant. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

 

 CIVIL ACTION NO. ________________

DEFENDANT’S NOTICE OF REMOVAL 

Defendant Mt. Hawley Insurance Company (“Mt. Hawley”) files this Notice of Removal 

of this action from the County Court at Law No. 1 of Dallas County, Texas to the United States 

District Court for the Northern District of Texas, Dallas Division, the district and division in 

which the County Court at Law No. 1 is located. This Notice of Removal is filed pursuant to 28 

U.S.C. §§ 1441 and 1446. In support hereof, Mt. Hawley respectfully shows this Court as 

follows: 

1. Plaintiff PCT Hospitality, Inc. (“Plaintiff”) commenced an action against Mt. 

Hawley in the County Court at Law No. 1 of Dallas County, Texas, entitled PCT Hospitality, 

Inc. v. Mt. Hawley Insurance Company, pending as Case No. CC-22-03773-A (the “State Court 

Case”). 

2. On July 25, 2022, Mt. Hawley was served with Plaintiff’s Original Petition 

(“Petition”) in the State Court Case. See Exhibit C-6 (Service correspondence). As such, 

removal is timely because thirty (30) days have not elapsed since Mt. Hawley first received the 

Petition, as required by 28 U.S.C. § 1446(b). 

3:22-CV-1866

Case 3:22-cv-01866-X Document 1 Filed 08/23/22 Page 1 of 4 PageID 1
DEFENDANT’S NOTICE OF REMOVAL Page 2 

3. A copy of this Notice of Removal will be filed with the State of Texas County 

Court at Law No. 1 in Dallas County, and a copy of this Notice of Removal will also be served 

on Plaintiff. Mt. Hawley is, contemporaneously with the filing of this Notice, giving written 

notice of filing of this Notice of Removal with the clerk of the County Court at Law No. 1 of 

Dallas County, Texas. 

4. An index of all documents, a copy of the state docket sheet and copies of each 

document filed in the state court action are attached hereto as Exhibits A-F. 

5. Plaintiff has requested trial by jury in the State Court Case. 

6. Mt. Hawley has filed contemporaneously a civil cover sheet and a supplementary 

civil cover sheet. There are no “related cases,” as defined by LR 3.3(b)(3) or (b)(4). 

Ground for Removal: Diversity 

7. This Court has original jurisdiction over this case pursuant to 28 U.S.C. § 1332, in 

that this is a civil action where the matter in controversy exceeds $75,000 and is between citizens 

of different States. 

A. The amount in controversy exceeds the federal minimum jurisdictional requirements. 

8. Plaintiff’s Petition in the State Court Case contends that its property sustained 

damage covered under a policy of property insurance issued by Mt. Hawley, Policy No. 

MCP0167017 (the “Policy”). See Exhibit C-1 at ¶¶ 10-12. Plaintiff’s Petition further alleges 

that Mt. Hawley breached the Policy by “improperly” paying Plaintiff’s claim. See id. at ¶¶ 15, 

29-30. In addition, Plaintiff’s Petition alleges the amount of its claimed loss, and the amount it 

seeks to recover from Mt. Hawley, is $1,000,000 “or less.” See id. at ¶ 7. On September 2, 

Case 3:22-cv-01866-X Document 1 Filed 08/23/22 Page 2 of 4 PageID 2
DEFENDANT’S NOTICE OF REMOVAL Page 3 

2021, Plaintiff demanded $755,406.11 plus $10,000 in attorney’s fees. See September 2, 2021, 

correspondence, a true and correct copy of which is attached hereto as Exhibit E.

1

9. For all of these reasons, the amount in dispute exceeds $75,000, exclusive of 

interest and costs. 

B. There is complete diversity between Plaintiff and Mt. Hawley. 

10. Plaintiff was at the time of the filing of this action, has been at all times since, and 

still is a Texas corporation with its principal place of business in Dallas, Texas. As such, Plaintiff 

is a citizen of the State of Texas for purposes of determining diversity jurisdiction, and not a 

citizen of the State of Illinois. 

11. Defendant Mt. Hawley is a corporation organized under the laws of Illinois, with 

its principal place of business in Illinois. Accordingly, Mt. Hawley is a citizen of the State of 

Illinois for purposes of determining diversity jurisdiction, and not a citizen of the State of Texas. 

12. Complete diversity exists in this case and removal is proper because Plaintiff is a 

citizen of Texas, and Mt. Hawley is a citizen of Illinois. 

WHEREFORE, Defendant Mt. Hawley Insurance Company prays that the abovedescribed action now pending in the County Court at Law No. 1 of Dallas County, Texas, be 

removed to this Court. 

1

 It should be noted that Plaintiff demanded appraisal of this claim, to which Mt. Hawley agreed to participate. The 

appraisal is still ongoing and was so at the time Plaintiff filed its Original Petition. 

Case 3:22-cv-01866-X Document 1 Filed 08/23/22 Page 3 of 4 PageID 3
DEFENDANT’S NOTICE OF REMOVAL Page 4 

Respectfully submitted, 

/s/ Greg K. Winslett 

GREG K. WINSLETT 

State Bar No. 21781900 

MICHAEL D. FEILER 

State Bar No. 24055475 

QUILLING, SELANDER, LOWNDS, 

WINSLETT & MOSER, P.C. 

2001 Bryan Street, Suite 1800 

Dallas, Texas 75201 

(214) 871-2100 

(214) 871-2111 (Fax) 

gwinslett@qslwm.com

mfeiler@qslwm.com

ATTORNEYS FOR MT. HAWLEY 

INSURANCE COMPANY 

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing instrument is 

being served upon counsel for Plaintiff, via certified mail, return receipt requested, in accordance 

with the Federal Rules of Civil Procedure, on this 23rd day of August 2022, as follows: 

Eric B. Dick 

Dick Law Firm, PLLC 

3701 Brookwoods Dr. 

Houston, TX 77092 

Telephone: (832) 207-2007 

eric@dicklawfirm.com

Attorneys for Plaintiff 

/s/ Greg K. Winslett 

Greg K. Winslett 

Case 3:22-cv-01866-X Document 1 Filed 08/23/22 Page 4 of 4 PageID 4