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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

INTERNATIONAL 

INSTITUTE OF AESTHETIC 

ARTS & BEAUTY, LLC,

Plaintiffs,

v. 

MIDVALE INDEMNITY 

COMPANY AND GALLAGER 

BASSET SERVICE, INC.

Defendant.

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CIVIL ACTION NO._____

On removal from the County 

Civil Court at Law No. 6 of

Collin County, Texas

Cause No. 006-00090-2023

DEFENDANT, MIDVALE INDEMNITY COMPANY’S, NOTICE OF REMOVAL

Pursuant to 28 U.S.C. §§ 1332, 1441(a) and (b), and 1446, Defendant, Midvale Indemnity 

Company (“Midvale”), files this Notice of Removal of this action from the County Civil Court at 

Law No. 6 of Collin County, Texas to the United States District Court for the Eastern District of 

Texas, Sherman Division.

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 In support of this removal, Midvale states as follows:

INTRODUCTION

1. Midvale issued a Texas Homeowners’ Insurance Policy to International Institute of 

Aesthetic Arts & Beauty, LLC (“Plaintiff”). Plaintiff own the insured property, located at 1022 

South Greenville Avenue, Allen, Texas 75002 (“the Property”). Plaintiff alleges a theft resulting 

in loss of covered business personal property occurred on or about October 22, 2021. Plaintiff

submitted a claim to Midvale against the policy for damages to the Property as a result of the 

incident.

1 Midvale files this Notice of Removal without waiver of any claims or defenses including, but not limited to, any 

objection to this Court’s assertion of personal jurisdiction over Midvale in this matter. See, e.g., Alliantgroup, L.P. v. 

Feingold, No. H- 90-0479, 2009 WL 1109093, at *6 (S.D. Tex. April 24, 2009) (personal jurisdiction objection may 

be raised after removal). 

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2. On January 12, 2023, Plaintiff filed suit against Midvale and Gallagher Basset 

Services, Inc. (“Gallagher”) in the County Civil Court at Law No. 6 of Collin County, Cause No. 

006-00090-2023, styled International Institute Aesthetic Arts & Beauty, LLC v. Midvale Indemnity 

Company and Gallagher Bassett Services, Inc. (EXHIBIT B). Plaintiff served Midvale with the 

petition on or about January 23, 2023. Id. Plaintiff’s Original Petition alleges breach of contract, 

violations of the Texas Insurance Code, and declaratory relief. Id. Plaintiff requested monetary 

relief in less than of $250,000. Id. Plaintiff alleged in its Petition that this case is not removable 

to federal court. Id. On February 13, 2023, Midvale filed an answer and jury demand. (EXHIBIT

C).

3. On August 28, 2023, Plaintiff for the first time provided an amount for its calculated 

damages in its Second Amended Disclosures, which is in the amount of $82,937.88. (EXHIBIT D). 

4. This Court has original subject matter jurisdiction over this case under 28 U.S.C. § 

1332. Plaintiff resides in Texas and is a citizen of the State of Texas. (EXHIBIT B). Midvale is a 

citizen of Wisconsin. (EXHIBIT E). Thus, Plaintiff is diverse in citizenship from Midvale.

5. Regarding the amount in controversy, Plaintiff’s petition seeks to recover only

monetary relief of $250,000 or less, including damages of any kind, penalties, costs, expenses, 

pre-judgment interest, and attorneys’ fees. (EXHIBIT B). However, Plaintiff’s Second Amended 

Disclosures state that Plaintiff now seeks to recover $82,937.88 by way of this lawsuit. (EXHIBIT 

D). As such, the amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a). 

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BASIS FOR REMOVAL

6. Pursuant to 28 U.S.C. § 1332, this action could have been filed in this Court in that 

there is complete diversity of citizenship between Plaintiff and Midvale and the amount in 

controversy exceeds $75,000.

A. Complete Diversity of Citizenship Exists Between Plaintiff and Defendants. 

7. Plaintiff resides in Collin County, Texas, rendering it a citizen of the State of Texas. 

(EXHIBIT B). Midvale is a Wisconsin company authorized to engage in the insurance business in 

Texas, rendering it a citizen of the State of Wisconsin pursuant to 28 U.S.C. § 1332 (c)(1). 

(EXHIBIT E). 

B. Plaintiff Requests an Amount in Excess of the Jurisdictional Minimum.

8. In addition to the citizenship requirements, 28 U.S.C. § 1332(a) provides that the 

“district court shall have original jurisdiction of all civil actions where the matter in controversy 

exceeds the sum or value of $75,000....” 

9. Plaintiff’s Second Amended states its calculated economic damages are 

$82,937.88. (Exhibit D). Therefore, the amount in controversy is greater than $75,000. 

C. All Other Requirements for Removal Have Been Satisfied.

10. This Notice of Removal is timely pursuant to 28 U.S.C. § 1446(b)(3) because it is 

filed within thirty days of the date on which Midvale was served with Plaintiff’s Second Amended 

Disclosures in which for the first time Plaintiff made Midvale aware the amount in controversy is 

in excess of $75,000.00 and the case is removable. (EXHIBIT D). In this regard, Plaintiff initially 

alleged in its Original Petition this case was not removeable. (EXHIBIT B). However, Plaintiff’s 

discovery pleading stating it is now seeking to recover $82,937.88 in its Second Amended 

Disclosures has made this case removable. (EXHIBIT D). Through the filing of this Notice of 

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Removal, Midvale expressly reserves, and does not waive, any defenses relating to service of 

process including, but not limited to, insufficient process or insufficient service of process. See 

Padre Nterprises, Inc. v. Rhea, 2012 WL 1072849, No. 4:11CV674, at *1 (E.D. Tex. Mar. 29, 

2012) (defense of improper service is not waived through filing of notice of removal). 

11. Midvale has sought no similar relief with respect to this matter. 

12. Venue is proper in this district under 28 U.S.C. § 1446(a) because this district and 

division embrace the place in which the removed action has been pending. 

13. The prerequisites for removal under 28 U.S.C. § 1441 have been met. 

14. A Notice of Filing Notice of Removal, with a copy of this Notice of Removal 

attached, will promptly be filed with the County Clerk of Collin County, Texas. 

15. Written notice of the filing of this Notice of Removal will be given to the adverse 

party as required by law. 

16. In accordance with 28 U.S.C. § 1446 and Local Rule 81, Midvale attaches the 

following documents as exhibits:

i. Civil Cover Sheet;

ii. Index of Matters Being Filed (EXHIBIT A);

iii. Citation of Service on Defendant Midvale Indemnity Company and 

Plaintiff’s Original Petition (EXHIBIT B);

iv. Defendant Midvale Indemnity Company’s Original Answer and Notice of 

Application for Jury Trial (EXHIBIT C);

v. Plaintiff’s Second Amended Disclosures (EXHIBIT D);

vi. Company Summary from the Texas Department of Insurance (EXHIBIT E);

vii. Docket Sheet; (EXHIBIT F); 

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viii. Plaintiff’s Notice of Non-Suit with Prejudice (Exhibit G); and

ix. List of counsel of record and certificate of interested parties (EXHIBIT H)

(The only orders signed by the state court judge were a Motion for 

Continuance the Plaintiff’s Notice of Non-Suit with Prejudice of Gallagher 

Bassett Services, Inc.). 

17. The allegations in this Notice of Removal are true and correct, this cause is within 

the jurisdiction of the United States District Court for the Eastern District of Texas, and this cause 

is removable to the United States District Court for the Eastern District of Texas. 

18. The undersigned represents Midvale in this matter. 

19. If any questions arise regarding the propriety of the removal of this action, Midvale

requests the opportunity to present a brief and oral argument in support of its position that this case 

is removable. 

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Respectfully submitted, 

THE HUDGINS LAW FIRM, P.C.

By: /s/ Steven F. Hudgins 

Steven F. Hudgins

Attorney in Charge

State Bar Number 00793993

Southern District Bar No. 19623

24 Greenway Plaza, Suite 2000

Houston, Texas 77046

Telephone (713) 623-2550

Facsimile (713) 623-2793

shudgins@hudgins-law.com

ATTORNEY FOR DEFENDANT,

MIDVALE INDEMNITY COMPANY 

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CERTIFICATE OF SERVICE

Pursuant to the Administrative Procedures for Electronic Filing in Civil and Criminal 

Cases, United States District Court, Eastern District of Texas, I certify that service of Defendant 

Midvale Indemnity Company’s Notice of Removal on known Filing Users will be automatically 

accomplished through the Notice of Electronic Filing on the 21st of September 2023.

s/ Steven F. Hudgins____________

Steven F. Hudgins

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