`
`UNITED STATES DISTRICT COURT
` WESTERN DISTRICT OF TEXAS
`SAN ANTONIO DIVISION
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`
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`CIVIL ACTION FILE NO. _________
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`(STATE COURT FILE NO.
`2020CI15823)
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`
`NOTICE OF REMOVAL
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`
`
`HOLT TEXAS, LTD.
`
`v.
`
`
`AGCO CORPORATION
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`
`
`
`
`
`TO: The Clerk of the United States District Court
`For the Western District of Texas (San Antonio Division)
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`PLEASE TAKE NOTICE THAT, pursuant to 28 U.S.C. §§ 1332, 1441, and
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`1446, Defendant AGCO Corporation (hereinafter “AGCO”), hereby gives Notice of
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`Removal of this action from the District Court, 225th Judicial District, Bexar County,
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`State of Texas , to the United States District Court for the Western District of Texas (San
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`Antonio Division), for the reasons that follow:
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`1.
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`On or about August 20, 2020, Plaintiff Holt Texas, LTD. (“Holt”) commenced a
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`civil action against AGCO in the District Court, 225th Judicial District, Bexar County,
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`State of Texas styled Holt Texas, LTD. v. AGCO Corporation, Case No. 2020CI15823
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`(the “State Court Action”) by filing a Complaint. Pursuant to 28 U.S.C. §1446(a),
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`AGCO attaches hereto as Exhibit A true and correct copies of all process, pleadings, and
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`orders served upon AGCO in the State Court Action, with the exception of those
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`documents AGCO has moved to file under seal.
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`2.
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`The Complaint was served on the registered agent for AGCO on August 31, 2020.
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`AGCO has not filed any pleadings in the state court action, other than a Notice of
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`Removal.
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`
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`Case 5:20-cv-01112 Document 1 Filed 09/17/20 Page 2 of 4
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`This Notice of Removal is filed within the time limits specified in 28 U.S.C. §
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`3.
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`1446(b) and (c)(1).
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`4.
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`This case is removable pursuant to 28 U.S.C. § 1441 because the United States
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`District Court has original jurisdiction over this case by reason of diversity of citizenship
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`pursuant to 28 U.S.C. § 1332(a).
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`5.
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`Holt Texas, LTD. is a limited partnership organized and exiting under the laws of
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`the State of Texas.
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`6.
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`AGCO is a corporation organized and existing under the laws of the State of
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`Delaware with its principal place of business in Duluth, Georgia. Defendant AGCO is not
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`a citizen of the State in which this action is brought.
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`7.
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`In the Complaint, Plaintiff seeks damages from AGCO for alleged breaches of
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`contract. Plaintiff further seeks an order compelling arbitration.
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`8.
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`The amount in controversy exceeds the sum or amount of $75,000, exclusive of
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`interests or costs, because Plaintiff claims that AGCO breached the subject contract by
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`failing to repurchase parts and equipment worth more than $264,415.10, and that it is
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`entitled to reimbursement in the amount of $290,856.61. See Pl.’s Compl., ¶ 11.
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`9.
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`Because there is complete diversity of citizenship between Holt as plaintiff, and
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`AGCO as defendant, and because the matter in controversy exceeds the jurisdictional
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`
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`2
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`
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`Case 5:20-cv-01112 Document 1 Filed 09/17/20 Page 3 of 4
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`amount of $75,000, exclusive of interest and costs, this court has original jurisdiction
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`over this matter pursuant to 28 U.S.C. § 1332.
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`10.
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`Based on this court’s original jurisdiction over this matter pursuant to 28 U.S.C. §
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`1332, this action is removable to this Court by AGCO pursuant to the provisions of 28
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`U.S.C. § 1441.
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`11.
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`AGCO has given written notice of the filing of this Notice of Removal to counsel
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`of record for Plaintiff as required by 28 U.S.C. § 1446(d).
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`12.
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`The undersigned hereby certifies that a Notice of Removal has been filed with the
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`District Court, 225th Judicial District, Bexar County, State of Texas.
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`PRAYER
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`
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`WHEREFORE, AGCO prays that the state court action be discontinued and
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`removed to this Court.
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`Respectfully submitted,
`
`LAW OFFICES OF DANIEL P.
`O’CONNOR, P.C.
`
`630 Broadway
`San Antonio, Texas 78215
`210.892.6224 Telephone
`210.271.1540 Facsimile
`
`
`
`By: __________________
` DANIEL P. O'CONNOR
` State Bar No. 15185300
` doconnor@dpolaw.com
`
`Attorney for Defendant,
`AGCO Corporation
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`
`
`
`
`
`3
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`
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`Case 5:20-cv-01112 Document 1 Filed 09/17/20 Page 4 of 4
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`
`CERTIFICATE OF SERVICE
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` I hereby certify that a true and correct copy of the foregoing has been delivered in
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`accordance with Tex. R. Civ. P. 21(a) on this the 17th day of September, 2020, to the
`following counsel of record:
`
`
`Via E-Service: gcaldwell@ceflegalsa.com
`Via E-Service: zfanucchi@ceflegalsa.com
`Via E-Service: eramirez@ceflegalsa.com
`G. Wade Caldwell
`Zachary J. Fanucchi
`M. Eduardo Ramirez
`CALDWELL EAST & FINLAYSON PLLC
`One Riverwalk Place, Suite 1825
`700 N. St. Mary’s Street
`San Antonio, Texas 78205
`Counsel for Plaintiff, Holt Texas, LTD
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`
`
`
`
`DANIEL P. O’CONNOR
`
`
`
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`4
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