645534.1 PLD 0001711 23094 RGS 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

JOHN PATRICK LOWE, BANKRUPTCY 

TRUSTEE FOR DIANA CENCETTI, 

WRONGFUL DEATH CLAIMANT 

 Plaintiff 

vs. 

AGCO CORPORATION, MASSEY 

FERGUSON CORPORATION, AGCO 

MEXICO and COMERCIALIZADORA 

SAN GERMAN and AGCO 

 Defendants 

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CIVIL ACTION NO. ________ 

DEFENDANT AGCO CORPORATION’S NOTICE OF REMOVAL 

TO: THE CLERK OF COURTS AND THE HONORABLE JUDGES OF THE UNITED 

STATES DISTRICT COURTS FOR THE NORTHERN DISTRICT OF TEXAS, FORT 

WORT DIVISION 

Pursuant to 28 U.S.C. §§ 1332, 1441(b), and 1446, Defendant AGCO Corporation 

(“AGCO”) hereby files this Notice of Removal of the action styled John Patrick Lowe, Bankruptcy 

Trustee for Diana Cencetti, Wrongful Death Claimant v. AGCO Corporation, Massey Ferguson 

Corporation, AGCO Mexico, and Comercializadora San German and AGCO, Cause No. 236-

333340-22, from the 236th Judicial District Court, Tarrant County, Texas, where the action is 

pending now, to the United States District Court for the Northern District of Texas, Fort Worth 

Division, on the basis of diversity of citizenship and the amount in controversy, and respectfully 

shows the following: 

4:22-cv-458

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INTRODUCTION 

1. On May 2, 2022, Plaintiff, John Patrick Lowe, Bankruptcy Trustee for Diana 

Cencetti, Wrongful Death Claimant, filed his Original Petition, styled John Patrick Lowe, 

Bankruptcy Trustee for Diana Cencetti, Wrongful Death Claimant v. AGCO Corporation, Massey 

Ferguson Corporation, AGCO Mexico, and Comercializadora San German and AGCO, Cause 

No. 236-333340-22, from 236th Judicial District Court, Tarrant County, Texas 

2. Defendant AGCO Corporation was served with the citation and Original Petition 

on May 5, 2022. 

3. No other pleadings have been served upon AGCO Corporation, and no other orders 

have been entered by the Court. 

4. This Notice of Removal is timely under 28 U.S.C. § 1446(b) because it is filed 

within 30 days of AGCO Corporation’s receipt of the citation and Original Petition, and within 

one year of the commencement of the action. 

BASIS FOR REMOVAL: DIVERSITY JURISDICTION 

5. Removal is proper based on diversity of citizenship between the parties under 28 

U.S.C. §§ 1332(a), 1441(a) and 1446. 

PLAINTIFF AND DEFENDANT ARE DIVERSE 

6. Upon the investigation and good faith belief, as pled in the Original Petition, 

Plaintiff John Patrick Lowe is, and was at the time the lawsuit was filed, a citizen of the State of 

Texas. 

7. Upon the investigation and good faith belief, as pled in the Original Petition, 

Bankruptcy debtor and Wrongful Death claimant Diana Cencetti is, and was at the time the lawsuit 

was filed, a citizen of the State of Texas. 

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8. By contrast, Defendant AGCO Corporation is a Delaware corporation organized 

under the laws of the State of Delaware and maintains its principal place of business in Duluth, 

Georgia. Accordingly, AGCO is a citizen of both Delaware and Georgia. 

THE AMOUNT IN CONTROVERSY EXCEEDS $75,000. 

9. This is a civil action in which the amount in controversy exceeds $75,000.00. As 

set forth on the face of the Original Petition, Plaintiff has pled “for monetary relief over 

$1,000,000.00.” See Original Pet., Exhibit B, ¶ 13. 

10. In addition, Plaintiff seeks to recover exemplary damages, interest, “costs of court, 

and such other and further relief to which the Plaintiffs may be entitled at law or in equity.” Id. at 

¶ 45 and 49. Thus, because it is clear from the face of the Original Petition that Plaintiff’s alleged 

damages as pled exceed $75,000.00, removal is proper. 

VENUE 

 11. Pursuant to 28 U.S.C. § 1441(a), venue is proper in this Court for purposes of 

removal only because it is the district and division embracing the place where such action is 

pending, the 326th Judicial District Court of Tarrant County, Texas. 

PROCEDURAL REQUIREMENTS FOR REMOVAL 

12. AGCO Corporation has complied with all applicable provisions of 28 U.S.C. §1441 

et seq., and the applicable Federal Rules of Civil Procedure. 

13. AGCO Corporation attaches hereto those materials required to be filed upon 

removal in accordance with 28 U.S.C. § 1446(a). Specifically, this Notice of Removal is 

accompanied by copies of the following: 

EXHIBIT A: Index of Documents being filed with this Notice of Removal; 

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EXHIBIT B: Plaintiff’s Original Petition in Cause No. 236-333340-22; 

EXHIBIT C: Request for Process in Cause No. 236-333340-22; 

EXHIBIT D: Citation Issued to AGCO Corporation in Cause No. 236-333340-22, with 

Notice of Service; and 

EXHIBIT E: List of Counsel of Record. 

14. This Notice of Removal is being filed within 30 days of service of the citation and 

Plaintiff’s Original Petition and is thus timely filed under 28 U.S.C. §1446(b). There exists an 

actual and justiciable controversy between Plaintiff and Defendant with regard to the legal issues 

herein and this controversy is within the jurisdiction of this Court. 

15. Based upon information and belief, pursuant to 28 U.S.C. § 1446(a), all pleadings, 

process, orders and all other filings in the state court action are attached to this Notice. 

16. Pursuant to 28 U.S.C. § 1446(d), written notice of filing of this Notice of Removal 

will be given to all adverse parties promptly after the filing of same. 

17. Pursuant to 28 U.S.C. § 1446(d), a true and correct copy of the Notice of Removal 

will be filed with the District Clerk for the 22nd Judicial District Court of Comal County, Texas 

promptly after filing of same. 

18. Additionally, the applicable filing fee for removal has been tendered to the Clerk 

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

with the original Notice of Removal. 

19. AGCO Corporation reserves the right to amend or supplement its Notice of 

Removal. 

20. By filing this Notice of Removal, AGCO Corporation does not waive, and 

expressly reserves its right to assert any and all procedural and/or substantive defenses, claims, 

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pleas, or motions, including, if any, pleas in abatement, motions to compel arbitration, and motions 

permitted by Rule 12 of the Federal Rules of Civil Procedure, including those defenses of lack of 

personal jurisdiction and improper venue. 

21. No previously application has been made for the relief requested herein. 

WHEREFORE, Defendant, AGCO Corporation gives notice that this action now pending 

against it in the 236th Judicial District Court of Tarrant County, Texas, is removed to this Court on 

this 27th date of May 2022. 

Respectfully submitted, 

 LORANCE THOMPSON, P.C. 

Robert G. Smith, Jr., TBN: 00794661 

rsmith@mayerllp.com 

Artis G. Ulmer, III, TBN: 24118569 

aulmer@mayerllp.com

2900 North Loop West, Ste. 500 

 Houston, Texas 77092 

 713.868.5560

 Attorneys for Defendant, AGCO Corporation

 

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CERTIFICATE OF SERVICE 

 I hereby certify that on this 27th day of May 2022 a true and correct copy of the foregoing 

instrument was served electronically or by email, to the District Clerk of Tarrant County, TX and 

the following counsel of record: 

John C. Kitchens 

Kitchens Law Firm, PC 

2901 Bee Caves Rd. Bldg. L. Box E 

Austin, TX 78746 

jKitchens@johnkitchenlaw.com 

Stephen W. Stewart 

Ryan P. Teel 

The Stewart Law Firm, PLLC 

2800 South IH-35 

Ste. 165 

Austin, TX 78704 

sws@thestewartlawfirm.net

rt@thestewartlawfirm.net

 

 _________________________________ 

 Robert G. Smith, Jr. 

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