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DEFENDANT’S NOTICE OF REMOVAL PAGE 1

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

KENNETH MAGGIO & DARCY 

MAGGIO,

Plaintiffs,

vs.

LIBERTY INSURANCE 

CORPORATION,

Defendant.

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CIVIL ACTION NO. 3:22-cv-01535

DEFENDANT’S NOTICE OF REMOVAL

Pursuant to 28 U.S.C. §1446(a) and Local Rule 81(a), Defendant Liberty Insurance 

Corporation (“Liberty” or “Defendant”) files this Notice of Removal, hereby removing this 

action from the 298th Judicial District Court of Dallas County, Texas to the United States 

District Court for the Northern District of Texas, Dallas Division. Removal is based on 

diversity jurisdiction because there is complete diversity between Plaintiffs Kenneth 

Maggio & Darcy Maggio (“Plaintiffs”) and Defendant, and the amount in controversy

exceeds $75,000.00, exclusive of interest and costs. In support of its Notice of Removal,

Defendant respectfully shows the Court as follows:

I.

INTRODUCTION

This lawsuit arises out of Plaintiffs’ claim for damage caused by Winter storm Uri 

to residential property located at 1803 Driskill Drive, Irving, Texas 75038 under a 

homeowners insurance policy issued by Defendant. In their Original Petition, Plaintiffs

assert claims against Defendant arising out of Defendant’s handling of Plaintiffs’ insurance 

claim. On May 25, 2022, Plaintiffs filed their Original Petition in the 298th Judicial District 

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DEFENDANT’S NOTICE OF REMOVAL PAGE 2

Court of Denton County, Texas, naming Liberty as the sole defendant. Defendant was 

served with a citation and a copy of Plaintiffs’ Original Petition on July 15, 2022 through 

its registered agent for service of process. Accordingly, this Notice of Removal is being 

filed within thirty (30) days of service of Plaintiffs’ Original Petition on Defendant and is 

thus timely filed under 28 U.S.C. §1446(b). As explained below, removal is proper because 

there is complete diversity of citizenship between the parties, and the amount in 

controversy exceeds $75,000.00.

II.

BASIS FOR REMOVAL

A. THERE IS COMPLETE DIVERSITY OF CITIZENSHIP

Removal is proper because there is complete diversity between the parties. See 28

U.S.C. §1332(a). Plaintiffs are individuals domiciled in Dallas County, Texas. See

Plaintiffs’ Original Petition, Exhibit C, ¶ 2. In addition, Plaintiffs own the subject property 

in Texas, and have designated their Texas Property as their Homestead for a property tax 

exemption. See Exhibit D. Thus, for diversity purposes, Plaintiffs are citizens of Texas. 

Defendant is a corporation organized under the laws of the State of Illinois with its principal 

place of business in Boston, Massachusetts. For diversity purposes, Defendant is a citizen 

of Illinois and Massachusetts. Accordingly, complete diversity of citizenship exists 

between Plaintiff and Defendant.

B. THE AMOUNT IN CONTROVERSY EXCEEDS $75,000.00

There are two ways a defendant can establish by a preponderance of the evidence 

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

L.P., 309 F.3d 864, 868 (5th Cir. 2002). First, a defendant can establish that the amount in 

controversy exceeds $75,000.00 by demonstrating that it is “facially apparent” from the 

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petition at issue that the claim likely exceeds $75,000.00. See Tovar v. Target Corp., 2004 

WL 2283536, at *1 (W.D. Tex. Oct. 7, 2004) (citing Allen v. R&H Oil & Gas Co., 63 F.3d 

1326, 1335 (5th Cir. 1995)). Second, a defendant can demonstrate that the amount in 

controversy exceeds $75,000.00 by setting forth the facts in controversy in the removal 

petition. See id.

First, Defendant can demonstrate that it is facially apparent from Plaintiffs’ 

Original Petition that the amount in controversy exceeds $75,000.00 because Plaintiffs 

have specifically pled that they seek “monetary relief over $100,000.00, but less than 

$500,000.00, including interest statutory or punitive damages and penalties, and attorney 

fees and costs.” See Plaintiffs’ Original Petition at ¶ 4. 

Defendant can also carry its burden by demonstrating that the amount in 

controversy exceeds the $75,000.00 by setting forth the facts in the removal petition. 

“[T]he [C]ourt may rely on summary judgment-type evidence to ascertain the amount in 

controversy.” St. Paul Reinsurance Co., Ltd. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir. 

1998) (internal quotation marks omitted). One such type of summary judgment evidence 

is a pre-suit demand letter. Gutierrez v. Allstate Texas Lloyd’s, 2017 WL 3274358, at *2

(S.D. Tex. Jan. 1, 2017).

On or about November 15, 2021, Plaintiffs served a pre-suit demand letter pursuant 

to the Texas Insurance Code in which they set forth a demand totaling $142,190.98, which 

included $1,000 in attorneys’ fees. See Exhibit E. Accordingly, it is clear from Plaintiffs’ 

pre-suit demand that the amount in controversy exceeds $75,000.00 and this Court has 

jurisdiction.

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III.

COMPLIANCE WITH PROCEDURAL REQUIREMENTS

As required by Local Rule 81(c), filed concurrently with this Notice of Removal is 

a completed civil cover sheet, a certified copy of the state court docket sheet, the pleadings 

filed in state court, a jury demand, and a list of all parties and attorneys involved in the 

case. The following exhibits are attached:

• Exhibit A: Index of all documents filed in the state court action.

• Exhibit B: Denton County Civil Case Information Sheet.

• Exhibits C through C-4: A copy of each pleading filed in the state court action.

• Exhibit D: Dallas County Appraisal District property information sheet.

• Exhibit E: Plaintiffs’ pre-suit demand.

Pursuant to 28 U.S.C. §1446(d), Defendant will serve written notice of the filing of 

this Notice of Removal on all adverse parties and will file a true and correct copy of this 

Notice of Removal with the Court Clerk of the 298th Judicial District Court of Dallas 

County, Texas, promptly after the filing of same.

IV.

REQUEST FOR RELIEF

Based on the foregoing, Defendant Liberty Insurance Corporation respectfully 

requests that the above-styled action now pending in the 298th Judicial District Court of 

Dallas County, Texas be removed to the United States District Court for the Northern

District of Texas, Dallas Division. Defendant requests all such other and further relief to

which it is justly entitled.

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Respectfully submitted,

/s/ Colin Batchelor

COLIN BATCHELOR

State Bar No. 24043545

SALINA A. KABANI

State Bar No. 24067484

TILLMAN BATCHELOR LLP

5605 N. MacArthur Blvd., Suite 560

Irving, Texas 75038

Telephone: (214) 492-5720

Facsimile: (214) 492-5721

E-mail: colin.batchelor@tb-llp.com

E-mail: salina.kabani@tb-llp.com

ATTORNEYS FOR DEFENDANT

LIBERTY INSURANCE CORPORATION

CERTIFICATE OF SERVICE

In accordance with the Federal Rules of Civil Procedure, on July 15, 2022, a true 

and correct copy of the above and foregoing instrument was served via ECF upon:

ATTORNEYS FOR PLAINTIFFS

Shaun Hodge

SBN 24052995

Racchel Cabrera 

Texas Bar No. 24109093

Hodge Law Firm PLLC

The Heritage Runge House 

1301 Market Street

Galveston, Texas 77550

Telephone: 409.762.5000

Facsimile 409.763.2300

Email: shodge@hodgefirm.com

rcabrera@hodgefirrn.com

/s/ Colin Batchelor

COLIN BATCHELOR

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