Case 1:11-cv-00228-SS Document 1-1 Filed 03/24/11 Page 27 of 28

CAUSE NO. D-1-GN-10-003685

JAMES MATHEWS § IN THE DISTRICT COURT

§
§
VS. § 419TH JUDICIAL DISTRICT
§
§
INDEMNITY INSURANCE §
COMPANY OF NORTH AMERICA § TRAVIS COUNTY, TEXAS

NOTICE OF REMOVAL

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes Indemnity Insurance Company of North America, Defendant in the

above-entitled and numbered cause, and files this notice to inform the court that on

March 21,2011, this Defendant filed a Petition for Removal in the United States District

Court, Western District of Texas, Austin Division, removing this case to that court on

grounds of diversity of citizenship. A true and correct copy of the Petition for Removal

filed with the Federal Court is attached hereto and incorporated herein as if fully copied

and set forth at length, and filed herein as notice to all parties and the Court that this

cause has been removed to Federal Court.

SIGNED this 1~ay of March, 2011.

Respectfully

By:
--~~------=---~~
anne C. Ayers
SBN: 01465820
Julie B. Tebbets
SBN: 00793419
4205 Gateway Drive, Suite 100
Colleyville, Texas 76034
817-267-9909 telephone
817 -318-0663 facsimile
ATTORNEYS FOR DEFENDANTS
 Case 1:11-cv-00228-SS Document 1-1 Filed 03/24/11 Page 28 of 28

CERTIFICATE OF SERVICE

I hereby certify that on the ~ day of March, 2011, a true and correct copy of
the above and foregoing document was mailed to the attorneys of record for Plaintiff, via
certified mail, return receipt requested as follows:

Bradley Dean McClennan

Of Counsel, Law Offices of Richard Pena, P.C.
1701 Directors Blvd., Suite 110
Austin, Texas 78744
 Case 1:11-cv-00228-SS Document 1-2 Filed 03/24/11 Page 1 of 2
OJS 44 (Rev. 12/07) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS DEFENDANTS

James Mathews Indemnity Insurance Company of North America

(b) County of Residence of First Listed Plaintiff Travis County, TX County of Residence of First Listed Defendant Philadelphia County, PA
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.

(c) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Bradley Dean McClennan, Of Counsel, Law Offices of Richard Pena, P.C., Deanne C. Ayers, Julie B. Tebbets, Ayers & Ayers, 4205 Gateway Dr.,
1701 Directors Blvd., Suite 100, Austin, Texas 78744, (512) 327-6884 Suite 100, Colleyville, Texas 76034, (817) 267-9009

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity
Defendant
(Indicate Citizenship of Parties in Item III)
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS
’ 110 Insurance PERSONAL INJURY
’ 120 Marine ’ 310 Airplane
’ 130 Miller Act ’ 315 Airplane Product
’ 140 Negotiable Instrument Liability
’ 150 Recovery of Overpayment ’ 320 Assault, Libel &
& Enforcement of Judgment Slander
’ 151 Medicare Act ’ 330 Federal Employers’
’ 152 Recovery of Defaulted Liability
Student Loans ’ 340 Marine
(Excl. Veterans) ’ 345 Marine Product
’ 153 Recovery of Overpayment Liability
of Veteran’s Benefits ’ 350 Motor Vehicle
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle
’ 190 Other Contract Product Liability
’ 195 Contract Product Liability ’ 360 Other Personal
’ 196 Franchise Injury
REAL PROPERTY CIVIL RIGHTS
’ 210 Land Condemnation ’ 441 Voting
’ 220 Foreclosure ’ 442 Employment
’ 230 Rent Lease & Ejectment ’ 443 Housing/
’ 240 Torts to Land Accommodations
’ 245 Tort Product Liability ’ 444 Welfare
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities -
Employment
’ 446 Amer. w/Disabilities -
Other
’ 440 Other Civil Rights
PERSONAL INJURY
’ 362 Personal Injury -
Med. Malpractice
’ 365 Personal Injury -
Product Liability
’ 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
’ 370 Other Fraud
’ 371 Truth in Lending
’ 380 Other Personal
Property Damage
’ 385 Property Damage
Product Liability
PRISONER PETITIONS
’ 510 Motions to Vacate
Sentence
Habeas Corpus:
’ 530 General
’ 535 Death Penalty
’ 540 Mandamus & Other
’ 550 Civil Rights
’ 555 Prison Condition
Citizen of Another State
Citizen or Subject of a
Foreign Country
FORFEITURE/PENALTY
’ 610 Agriculture
’ 620 Other Food & Drug
’ 625 Drug Related Seizure
of Property 21 USC 881
’ 630 Liquor Laws
’ 640 R.R. & Truck
’ 650 Airline Regs.
’ 660 Occupational
Safety/Health
’ 690 Other
LABOR
’ 710 Fair Labor Standards
Act
’ 720 Labor/Mgmt. Relations
’ 730 Labor/Mgmt.Reporting
& Disclosure Act
’ 740 Railway Labor Act
’ 790 Other Labor Litigation
’ 791 Empl. Ret. Inc.
Security Act
IMMIGRATION
’ 462 Naturalization Application
’ 463 Habeas Corpus -
Alien Detainee
’ 465 Other Immigration
Actions
’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
of Business In Another State
’ 3 ’ 3 Foreign Nation ’ 6 ’ 6
BANKRUPTCY OTHER STATUTES
’ 422 Appeal 28 USC 158 ’ 400 State Reapportionment
’ 423 Withdrawal ’ 410 Antitrust
28 USC 157 ’ 430 Banks and Banking
’ 450 Commerce
PROPERTY RIGHTS ’ 460 Deportation
’ 820 Copyrights ’ 470 Racketeer Influenced and
’ 830 Patent Corrupt Organizations
’ 840 Trademark ’ 480 Consumer Credit
’ 490 Cable/Sat TV
’ 810 Selective Service
SOCIAL SECURITY ’ 850 Securities/Commodities/
’ 861 HIA (1395ff) Exchange
’ 862 Black Lung (923) ’ 875 Customer Challenge
’ 863 DIWC/DIWW (405(g)) 12 USC 3410
’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 865 RSI (405(g)) ’ 891 Agricultural Acts
FEDERAL TAX SUITS ’ 892 Economic Stabilization Act
’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
or Defendant) ’ 894 Energy Allocation Act
’ 871 IRS—Third Party ’ 895 Freedom of Information
26 USC 7609 Act
’ 900Appeal of Fee Determination
Under Equal Access
to Justice
’ 950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only) Appeal to District

’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from
another district ’ 6 Multidistrict ’ 7 Judge from
Magistrate
Proceeding State Court Appellate Court Reopened Litigation
(specify) Judgment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. 1332
VI. CAUSE OF ACTION Brief description of cause:
"Bad faith" - extracontractual claims against insurance carrier
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23 125,000.00 JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Print Save As... Export as FDF Retrieve FDF File Reset

JS 44 Reverse (Rev. 12/07)
Case 1:11-cv-00228-SS Document 1-2 Filed 03/24/11 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time
of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
the county of residence of the “defendant” is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment)”.
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
the most definitive.
V. Origin. Place an “X” in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
 Case 1:11-cv-00228-SS Document 1-3 Filed 03/24/11 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

Supplement to JS 44 Civil Cover Sheet

Cases Removed from State District Court

This form must be filed with the Clerk's Office no later than the first business day following
the filing of the Notice of Removal. Additional sheets may be used as necessary.

The attorney of record for the removing party MUST sign this form.
STATE COURT INFORMATION:
1. Please identify the court from which the case is being removed; the case number; and the complete
style of the case.

419th Judicial District Court of Travis County, Texas

Cause No. D-l-GN-l 0-003685
James Mathews v. Indemnity Insurance Company of North America

2. Was jury demand made in State Court? Yes rx No I

If yes, by which party and on what date?

Plaintiff October 14, 2010

Party Name Date

STATE COURT INFORMATION:

1. List all plaintiffs, defendants, and intervenors still remaining in the case. Also, please list the
attorney(s) of record for each party named and include the attorney's firm name, correct mailing
address, telephone number, and fax number (including area codes).

James Mathews, Plaintiff

Bradley Dean McClellan, Attorney for Plaintiff
Of Counsel, Law Offices of Richard Pena, P.c.
1701 Directors Blvd., Suite 110
Austin, Texas 78744
(512) 327-6884 telephone
(512) 327-8354 facsimile
Indemnity Insurance Company of North America, Defendant
Deanne C. Ayers, Attorney for Defendant
Julie B. Tebbets, Attorney for Defendant
Ayers & Ayers
4205 Gateway Dr., Suite 100
Colleyville, Texas 76034
(817) 267-9009 telephone
(817) 318-0663 facsimile D

TXWD - Supplement to JS 44 (Rev. 10/2004)

 Case 1:11-cv-00228-SS Document 1-3 Filed 03/24/11 Page 2 of 2

2. List all parties that have not been served at the time of the removal, and the reason(s) for
non-service.

Not applicable

3. List all parties that have been non-suited, dismissed, or terminated, and the reason(s) for their
removal from the case.

Not applicable

COUNTERCLAIMS, CROSS-CLAIMS, and! or THIRD-PARTY CLAIMS:

1. List separately each counterclaim, cross-claim, or third-party claim still remaining in the case and
designate the nature of each such claim. For each counterclaim, cross-claim, or third-party claim,
include all plaintiffs, defendants, and intervenors still remaining in the case. Also, please list the
attorney(s) of record for each party named and include the attorney's firm name, correct mailing
address, telephone number, and fax number (including area codes).

!?J-2/-20J!
Date

Party/Parties

TXWD - Supplement to JS 44 (Rev. 10/2004)