NOTICE OF REMOVAL PAGE 1 

9600368 v1 (41730.00075.000) 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

KACEY MARQUEZ, 

 Plaintiff, 

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vs. § CIVIL ACTION NO. 4:22-cv-00910 

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HYATT CORPORATION, § 

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Defendant. § 

DEFENDANT'S NOTICE OF REMOVAL 

Defendant, Hyatt Corporation ("Hyatt") files this Notice of Removal, as follows: 

I. 

COURT AND PARTY INFORMATION 

1. HYATT CORPORATION ("Defendant") is the Defendant in this civil action 

commenced on September 26, 2022, in the 348th Judicial District of Tarrant County, Texas, 

entitled Kacey Marquez v. Hyatt Corporation, Cause No. 348-337132-22 ("State Court Action"). 

2. Copies of the (1) Plaintiff's Original Petition, (2) Citation to Defendant Hyatt 

Corporation, and (3) Defendant Hyatt Corporation's Original Answer; and (4) the Civil Docket 

Sheet are attached hereto and constitute all process, pleadings and orders served in the State Court 

Action. See Index of State Court Documents attached hereto. The address for the 348th Judicial 

District of Tarrant County, Texas is as follows: Tom Vandergriff Civil Courts Building, 3rd Floor, 

100 North Calhoun Street, Fort Worth, Texas 76196. 

3. Plaintiff in the State Court Action is Kacey Marquez ("Plaintiff"). Plaintiff is 

represented by Mackenzie B. Linyard (Texas Bar No. 24083399) of RAD LAW FIRM, 8001 LBJ 

Fwy., Ste. 300, Dallas, TX 75251, (972) 661-1111, mlinyard@radlawfirm.com and 

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9600368 v1 (41730.00075.000) 

efileML@radlawfirm.com. Defendant Hyatt Corporation is the Defendant in the State Court 

Action and is represented by Michael A. Logan (Texas Bar No. 12497500) and John W. “Jack” 

Delaney (Texas Bar No. 24125200) of Kane Russell Coleman Logan PC, 901 Main Street, Suite 

5200, Dallas, Texas 75202, (214) 777-4200, mlogan@krcl.com, jdelaney@krcl.com. 

II. 

STATE COURT ACTION

 4. Plaintiff claims that on October 8, 2020, she was injured while a guest at the Hyatt 

Regency DFW Airport located at 2334 North International Parkway, Dallas, TX 75261, when 

Defendant’s employee came to her hotel room and sexually assaulted her. 

5. A trial by jury has not been requested in the State Court Action. 

III. 

GROUNDS FOR REMOVAL 

6. Defendant files this Notice of Removal on the grounds of diversity jurisdiction 

under 28 U.S.C. § 1332(a). A suit may be removed from state court to federal court on the grounds 

of diversity jurisdiction when the suit involves a controversy between citizens of different states 

and the amount in controversy exceeds $75,000, exclusive of interest and costs. 

7. Except as otherwise expressly provided by an Act of Congress, any civil action 

brought in a state court of which the district courts of the United States have original jurisdiction 

may be removed to the district court of the United States for the district and division embracing 

the place where the action is pending. See 28 U.S.C. § 1441. The Fort Worth Division of the 

Northern District of Texas is the United States district and division embracing Tarrant County, 

Texas, the county in which the State Court Action is pending. 

A. This Notice of Removal is timely filed.

8. The citation and petition in this action were served on Defendant on October 3, 

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9600368 v1 (41730.00075.000) 

2022, by serving Defendant's registered agent. This Notice of Removal is filed within thirty (30) 

days of receipt of the citation and petition and is, therefore, timely filed pursuant to U.S.C. § 

1446(b). 

B. Complete diversity exists between the parties properly joined.

9. This is a civil action that falls under the Court’s original jurisdiction pursuant to 28 

U.S.C. § 1332(a) and is one that may be removed to this Court based on diversity of citizenship in 

accordance with 28 U.S.C. §§ 1441 and 1446. Complete diversity exists in this case because 

Plaintiff and Defendant are citizens of different states. 

10. As stated in Plaintiff's Original Petition, Plaintiff resides in San Benito County, 

Texas. Thus, Plaintiff is now, and was at the time this action commenced, a citizen of the State of 

Texas. 

11. Defendant Hyatt Corporation is a corporation formed under the laws of the State of 

Delaware, having its principal place of business now and at the time this action was commenced 

in Chicago, Illinois. Therefore, Defendant Hyatt Corporation is not a citizen of the State of Texas. 

12. Accordingly, complete diversity exists pursuant to 28 U.S.C. § 1332. 

C. The amount in controversy requirement is satisfied.

14. As reflected in Plaintiff's Original Petition, the amount in controversy in this action, 

exclusive of interest and costs, exceeds the sum of $75,000. Specifically, Plaintiff seeks monetary 

relief no greater than $250,000. See Plaintiff's Original Petition, ¶1.02. 

15. Removal of the State Court Action is proper pursuant to 28 U.S.C. § 1441, because 

it is a civil action brought in a state court, and the federal district courts have original jurisdiction 

over the subject matter under 28 U.S.C. § 1332(a) because Plaintiff and Defendant are diverse in 

citizenship. 

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9600368 v1 (41730.00075.000) 

WHEREFORE, Defendant, pursuant to these statutes and in conformance with the 

requirements set forth in 28 U.S.C. § 1446, removes this action for trial from the 348th Judicial 

District, Tarrant County, Texas. 

Respectfully submitted, 

KANE RUSSELL COLEMAN LOGAN PC 

By: /s/ Michael A. Logan 

Michael A. Logan 

Attorney-in-Charge 

TX State Bar No. 12497500 

E-Mail: mlogan@krcl.com 

901 Main Street, Suite 5200 

Dallas, Texas 75202 

Telephone: (214) 777-4294 

Facsimile: (214) 777-4299 

ATTORNEY FOR DEFENDANT HYATT 

CORPORATION 

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9600368 v1 (41730.00075.000) 

CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this the 11th day of October, 2022 a copy of the 

foregoing document was filed electronically with the Clerk of Court using the CM/ECF system. 

Notice of this filing will be sent to counsel for Plaintiff by operation of the Court’s electronic filing 

system, unless counsel for Plaintiff is not registered with the CM/ECF system, in which case the 

undersigned certifies that a copy of the foregoing document was sent to counsel for Plaintiff via 

certified mail, return receipt requested. 

/s/ Michael A. Logan

Michael A. Logan 

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EXHIBIT 1

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PLAINTIFF’S ORIGINAL PETITION PAGE 1 

CAUSE NO. __________________ 

KACEY MARQUEZ,

PLAINTIFF, 

V. 

HYATT CORPORATION, 

DEFENDANT.

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IN THE DISTRICT COURT

______ JUDICIAL DISTRICT

TARRANT COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, KACEY MARQUEZ, Plaintiff, complaining of and against HYATT 

CORPORATION, Defendant, and for cause of action would respectfully show the following: 

I. DISCOVERY CONTROL PLAN LEVEL

1.01 Pursuant to Rule 190.2 of the Texas Rules of Civil Procedure, this case will be 

governed according to Discovery Control Plan, Level 1. 

1.02 Plaintiff seeks monetary relief no greater than $250,000. 

II. PARTIES, JURISDICTION, AND VENUE

2.01 Plaintiff is an individual residing in San Benito County, Texas. 

2.02 Defendant, HYATT CORPORATION, is a Delaware corporation with its principal 

office in Illinois. Defendant can be served with process by serving its registered agent, United 

States Corporation Co, and can be served through its registered address 211 E. 7th Street, Suite 620 

Austin, Texas 78701. 

2.03 This Court has jurisdiction over the parties to and subject matter of these claims 

because the amount in controversy is within the jurisdictional limits of this Court and venue is

348-337132-22

FILED

TARRANT COUNTY

9/26/2022 2:59 PM

THOMAS A. WILDER

DISTRICT CLERK

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PLAINTIFF’S ORIGINAL PETITION PAGE 2

proper because all or a substantial part of the events or omissions giving rise to the claims herein 

occurred in Tarrant County, Texas.

III. STATEMENT OF FACTS

3.01 On or about October 8, 2020, Plaintiff was a guest at Defendant’s hotel property 

known as Hyatt Regency DFW Airport. Plaintiff patronized the bar at the property and was served 

by an employee of Defendant. 

3.02 After Plaintiff returned to her room, Defendant’s employee who had served Plaintiff 

entered Plaintiff’s room where he sexually assaulted Plaintiff and caused her to suffer serious 

bodily injury and mental anguish.

3.03 At all material times, Defendant failed to develop, maintain, implement, and/or enforce 

policies and procedures to prevent employees from entering guest rooms in a social capacity and 

other such acts by its employees. 

3.04 At all material times, Defendant failed to properly educate and train its employees in 

appropriate policies and procedures to prevent employees from entering guest rooms in a social 

capacity and other such acts by its employees.

IV. CAUSE OF ACTION 

4.01 At all material times, Defendant owed Plaintiff a duty to develop, maintain, 

implement, and enforce policies and procedures to prevent employees from entering guest rooms 

in a social capacity and other such acts by its employees. Defendant further owed Plaintiff a duty 

to educate and train its employees in appropriate policies and procedures to prevent employees 

from entering guest rooms in a social capacity and other such acts by its employees.

4.02 At all material times, Defendant failed to act reasonably in the development, 

maintenance, implementation, and enforcement of policies and procedures to prevent employees 

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PLAINTIFF’S ORIGINAL PETITION PAGE 3

from entering guest rooms in a social capacity and other such acts by its employees. Defendant 

further failed to act reasonably in the education and training of its employees in appropriate 

policies and procedures to prevent employees from entering guest rooms in a social capacity and 

other such acts by its employees.

4.03 Such failures by Defendant proximately caused Plaintiff to suffer injuries and 

damages.

V. DAMAGES

5.01 As a proximate result of Defendant’s negligence, Plaintiff suffered severe 

physical injuries. As a result of her injuries, Plaintiff has suffered the following damages:

a. Physical pain and mental anguish in the past and future;

b. Mental anguish in the past and future;

c. Physical impairment in the past and future; and

d. Medical expenses in the past and future.

WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendant be cited to 

appear and answer, and that on final trial she has judgment against Defendant in a sum in excess 

of the minimum jurisdictional limits of the Court; prejudgment and postjudgment interest as 

provided by law; costs of suit; and such other and further relief to which Plaintiff may be justly 

entitled.

Respectfully submitted,

RAD LAW FIRM

BY: /s/Mackenzie Linyard

MACKENZIE B. LINYARD

State Bar No. 24083399

8001 LBJ Fwy, Suite 300

Dallas, Texas 75251

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Phone (972) 661-1111

Fax (972) 661-3537

E-Mail: mlinyard@radlawfirm.com

E-File: efileML@radlawfirm.com

ATTORNEY FOR PLAINTIFF

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EXHIBIT 2

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EXHIBIT 4

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