Party Notice: KEVIN MIDDLEBROOKS vs. OMAR ORTA, et al

On March 04, 2022 a Party Notice was filed involving a dispute between Middlebrooks, Kevin, and Double J. Transport, Llc., Orta, Omar, for MOTOR VEHICLE ACCIDENT in the District Court of Dallas County.

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FILED
4/15/2022 8:36 AM
FELICIA PITRE
Case 3:22-cv-00854-C DISTRICT CLERK
DALLAS 00., TEXAS
Jenifer Trujillo DEPUTY

CAUSE NO. DC-22-02576

KEVIN MIDDLEBROOKS, § IN THE DISTRICT COURT
Plaintiff: §
§
v. § 193R” JUDICIAL DISTRICT
§
OMAR ORTA AND §
DOUBLE J TRANSPORT, LLC, §
Defendants. § DALLAS COUNTY, TEXAS

DEFENDANT’S NOTICE OF FILING FEDERAL NOTICE OF REMOVAL

TO THE HONORABLE JUDGE OF SAID COURT:

On April 14, 2022, Defendant OMAR ORTA ﬁled the attached Notice of Removal in the

Ofﬁce of the Clerk of the United States District Court for the NOIthem District of Texas, Dallas

Division.

Respectfully submitted,

COX P.L.L.C

By; @ﬁé‘é
Clinton V. Cox, IV
State Bar No. 24040738
ccox@coxp_llc.com
Lauren M. Lopez
State Bar No. 24078994
llo ez cox 11c.com
8144 Walnut Hill Lane, Suite 1090
Dallas, Texas 75231
Tel: (214) 444-7640
Fax: (469) 340-1884

ATTORNEYS FOR DEFENDANT

D'S NOTICE OF FILING NOTICE OF REMOVAL PAGE 1 OF 2
QERTIFIQATE QF SERYIQE
THIS WILL CERTIFY that a true and correct copy of the foregoing instrument has been
served on all attorneys of record pursuant to the Texas Rules of Civil Procedure on this the 14th
day of April 2022.

/¢/ 1mm 1w
Lauren Lopez

D'S NOTICE OF FILING NOTICE OF REMOVAL PAGE 2 OF 2
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KEVIN MIDDLEBROOKS,

§§§§§§§§
Plaintlfﬁ

v. CIVIL ACTION N0.
OMAR ORTA AND
DOUBLE J TRANSPORT, LLC,
Defendants.

DEFENDANT’S NOTICE OF REMOVAL

PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. 1332, 1441 and 1446, Defendant

Omar Orta (“Defendant”) hereby removes this civil action from the 193m Judicial District Court

of Dallas County, Texas where it is currently pending as Cause Number DC-22-02576 (the

“Underlying Lawsuit”), to the United States District Court for the Northern District of Texas,

Dallas Division, and respectfully states the following:

A. INTRODUCTION

1. This Court has original jurisdiction over this action under 28 U.S.C. § 1332(a) on

the grounds that complete diversity exists between all parties and the amount in controversy

exceeds the sum of $75,000, exclusive of interest and costs.

2. Plaintiff Kevin Middlebrooks (“Plaintiff”) is a citizen of Meriwether County in the

State of Georgia.

3. Defendant Omar Orta is a citizen of Texas.

4. Defendant Double J Transport, LLC is a Texas company with its principal place of
business in Laredo, Texas.

DEFENDANT’S NOTICE 0F REMOVAL PAGE 1
5. On March 4, 2022, Plaintiff ﬁled suit against Defendants in the 193m Judicial

District Court of Dallas County, Texas, Cause No. DC-22-02576, asserting negligence against

Defendant Omar Orta and respondeat superior against Defendant Double J Transport, LLC.
6. Defendant Omar Orta was served With the Underlying Lawsuit on March 14, 2022.

Defendant ﬁles this Notice of Removal Within the 30-day time period required by 28 U.S.C. §

l446(b)(1). Board ofRegents of University of Texas System v. Nippon Tel. & Tel. Corp, 478 F.3d

274, 278 (5th Cir. 2007).

B. BASIS FOR REMOVAL

7. Removal is proper under 28 U.S.C. § 1332(a) because Plaintiffs suit is a civil

action in which this Court has original jurisdiction over the parties, based upon diversity

jurisdiction under 28 U.S.C. § 1332. This action is one which is removable to this Court pursuant

to the provisions of 28 U.S.C. §1441(b) because Plaintiff is a citizen of the State of Georgial and

the Defendant Omar Orta is (1) an individual citizen of Texas; and Defendant Double J Transport,

LLC is (2) a Texas company with its principal place of business in Texas.
8. For diversity purposes, a person is considered a citizen of the state where that

person is domiciled. Additionally, for diversity purposes, a corporation is a citizen of both the

state in which it was incorporated and the state in which it has its principal place of business. 28

U.S.C. §1332(c)(1). Because the Plaintiff does not share citizenship with any of the Defendants

in any state, removal is proper on diversity grounds.

10. The Defendants are now and were at the time the removed action was commenced,

diverse in citizenship from the Plaintiff. 28 U.S.C. § 1332. Accordingly, because this notice of

1
See Plaintiff’ s Original Petition, page 1, paragraph 2.

DEFENDANT’S NOTICE OF REMOVAL PAGE 2
removal has been ﬁled within thirty days after the receipt of a copy of the initial pleading setting

forth the claim for relief, this removal is proper and timely under 28 U.S.C. §l446(b).

11. The amount in controversy in this action exceeds, exclusive of interest and costs,

the sum of Seventy-ﬁve Thousand and No/ 100 Dollars ($75,000.00). Plaintiffs Original Petition,

attached to this Notice, alleges damages “over $ $1,000,000.00 but not more than $10,000,000.00.”

This Court, however, may determine that the damage claims in the complaint exceed the minimum

amount if (1) it is apparent on the face of the complaint that the amount of the Plaintiff‘s damages

are likely to be above the minimum amount; (2) the Defendants offer evidence that the claim would

exceed the minimum amount, based on direct knowledge of the claim; and (3) the Plaintiff does

not contest removal with a sworn afﬁdavit that the damages are below the minimum amount.

DeAguilar v. Boeing C0., l 1 F.3d 55, 57 (5th Cir. 1993). Based upon the evidence attached to this

Notice of Removal supporting that the claim exceeds the minimum amount, the burden now shifts

to the Plaintiff to demonstrate otherwise before remand would be proper on this ground. See

DeAguilar v. Boeing C0., 47 F.3d 1404 (5th Cir. 1995).

12. All Defendants who have been properly joined and served consent to the removal

of this case to federal court. 28 U.S.C. § 1446(b)(2)(A).

13. Copies of all pleadings, process, orders, and other ﬁlings in the state-court suit are

attached to this notice as required by 28 U.S.C. § 1446(a).

14. Venue is proper in this district under 28 U.S.C. § 1441(a) because the state court

where the Underlying Lawsuit is pending is located in this district.

15. Defendant will promptly ﬁle a copy of this Notice of Removal with the clerk of

Dallas County, Texas where the Underlying Lawsuit is pending.

DEFENDANT’S NOTICE 0F REMOVAL PAGE 3
C. REQUIRED DOCUMENTS
16. The following documents are attached in accordance with LR81:

a. A completed civil cover sheet;
b. A supplemental civil cover sheet; and

c. A notice of removal with a copy of each of the following:
i. an index of all documents that clearly identiﬁes each document and

indicates the date the document was ﬁled in state court, attached

hereto as Exhibit A;

ii. a copy of the docket sheet in the state court action, attached hereto

as Exhibit A-l; and

iii. each document ﬁled in the state court action, except discovery

material, attached hereto as Exhibits A-2 through A-8.

D. JURY DEMAND
17. Defendant demands a trial by jury.

E. CONCLUSION

18. Defendant requests that this Notice of Removal be accepted for ﬁling and that the

Court remove the Underlying Lawsuit to the Northern District of Texas, Dallas Division.

DEFENDANT’S NOTICE 0F REMOVAL PAGE 4
Respectfully submitted,

COX P.L.L.C

@2on
Clinton V. Cox, IV
State Bar No. 24040738
ccox@coxpllc.com
Lauren Lopez
State Bar No. 24078994
llo ez cox 110.com
8144 Walnut Hill Lane, Suite 1090
Dallas, Texas 75231
Tel: 214-444-7050
Fax: 469- 340-1884

ATTORNEYS FOR DEFENDANT
OMAR ORTA

CERTIFICATE OF SERVICE
The undersigned hereby certiﬁes that a true and correct copy of the foregoing document
was served on all counsel of records, in accordance with the Federal Rules of Civil Procedure on
this the 14th day of April, 2022.

/s/ Clinton V. Cox, IV
Clinton V. Cox, IV

DEFENDANT’S NOTICE 0F REMOVAL PAGE 5
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Heather Young on behalf of Clint Cox
Bar No. 24040738
hyoung@coxpllc.com
Envelope ID: 63683152
Status as of 4/19/2022 12:50 PM CST

Associated Case Party: KEVIN MIDDLEBROOKS

Name BarNumber Email TimestampSubmitted Status

keyarria amey contact@kameylawfirm.com 4/19/2022 11:18:25 AM SENT

Associated Case Party: OMAR ORTA

Name BarN umber Email TimestampSubmitted Status
Clint V.Cox ccox@coxpllc.com 4/19/2022 1 1:18:25 AM SENT
Lauren Lopez Ilopez@coxpllc.com 4/19/2022 11:18:25 AM SENT
Heather Young hyoung@coxpllc.com 4/19/2022 11:18:25 AM SENT

Case Info

Judge

WHITMORE, BRIDGETT Track Judge’s New Case

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Document Filed Date

April 15, 2022

Case Filing Date

March 04, 2022

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Party Notice: KEVIN MIDDLEBROOKS vs. OMAR ORTA, et al

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