Party Notice: ANTHONY YANNONE vs. AVIALL, Inc., et al

On February 09, 2023 a Party Notice was filed involving a dispute between Yannone, Anthony, and Aviall, Inc., Boeing Distribution Inc, Dallas Airmotive, Inc., John Doe Corporations 1 Through 5, Rolls-Royce Corporation, Standardaero Business Aviation Services, Llc, for OTHER PERSONAL INJURY in the District Court of Dallas County.

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FILED
2/14/2023 8:57 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Dorothy Strogen DEPUTY

CAUSE NO. DC-23-01964

ANTHONY YANN ONE, Individually,

§§§§§§
and as
Administrator of the Estate of Tyler Yannone,
and as Executor of the Estates of Neisha Zahn
and Daniel Yanonne
IN THE DISTRICT COURT OF
Plaintiffs,

V. DALLAS COUNTY, TEXAS

AVLALL, INC., DALLAS AIRMOTIVE, INC.,
STANDARDAERO BUSINESS AVLATION 192ND JUDICIAL DISTRICT
SERVICES, LLC, ROLLS-ROYCE CORR,
BOEING DISTRIBUTION, INC., JOHN DOE
CORPORATIONS l THROUGH 5 §

Defendants. §

NOTICE TO STATE COURT OF REMOVAL TO FEDERAL COURT
TO THE CLERK OF THE 192nd DISTRICT COURT:

Pursuant to 28 U.S.C. §§ 1332 and 1441 et seq., you are hereby notiﬁed that on February

14, 2023, Defendant Rolls-Royce Corporation ﬁled its Notice of Removal of this proceeding in

the United States District Court for the Northern District of Texas, Dallas Division. A copy of

such notice is attached hereto and should be ﬁled by you with the papers in this cause.

Upon ﬁling of the Notice of Removal, removal has been effected pursuant to 28 U.S.C. §

1446(d).

NOTICE TO STATE COURT OF REMOVAL TO FEDERAL COURT - Page |
1
Respectfully submitted,

By: /s/ Stuart B. Brown, Jr.
Stuart B. Brown, Jr.
State Bar No. 24006914
Justin V. Lee
State Bar No. 24097982
Kshitiz Gautam
State Bar No. 24131877
JACKSON WALKER LLP
2323 Ross Avenue, Suite 600
Dallas, Texas 75201
(214) 953-6000
(214) 953-5822 - Fax

'lee 'w.com
kgautam@jw.com

CERTIFICATE OF SERVICE
14th day of February 2023, a true and correct copy of the
This is to certify that on this
foregoing document was served Via electronic service on all counsel of record.

/s/ Stuart B. Brown, Jr.
Stuart B. Brown, Jr.

NOTICE TO STATE COURT OF REMOVAL TO FEDERAL COURT - Page |
2
Case 3:23-cv-00345—S Document 1 Filed 02/14/23 Page 1 of 5 PagelD 1

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ANTHONY YANNONE, Individually and

§§§§§§§§§§§§§§§§§§
as Administrator of the Estate of Tyler
Yannone, and as Executor of the Estates of
Neisha Zahn and Daniel Yannone,

Plaintiffs,
23-cv—00345
V. CIVIL ACTION NO.

AVIALL, INC., DALLAS
AIRMOTIVE, INC.,
STANDARDAERO BUSINESS
AVMTION SERVICES, LLC,
ROLLS—ROYCE CORR, BOEING
DISTRIBUTION, INC., JOHN DOE
CORPORATIONS 1 THROUGH 5,

Defendants.

DEFENDANT ROLLS-ROYCE CORPORATION’S NOTICE OF REMOVAL
TO THE HONORABLE JUDGE OF SAID COURT:

Defendant Rolls-Royce Corporation (“RRC”), pursuant to 28 U.S.C. §§ 1332, 1441, and

1446, gives notice to this Court of the removal of Cause No. DC—23-01964 from the 192nd Judicial

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

of Texas, Dallas Division, as follows:

I.
BACKGROUND
1. This action arises from a helicopter accident that occurred on or about February 15,

2021 in St. Thomas Island, U.S. Virgin Islands. Plaintiffs allege various claims against RRC and

other defendants for negligence, strict liability, breach of warranty, and “pre-impact terror.” Pls.’

First Am. Pet., 111] 22—39, Ex. D.3.

DEFENDANT ROLLS-ROYCE CORPORATION’S NOTICE OF REMOVAL Page 1
Case 3:23-cv-00345—S Document 1 Filed 02/14/23 Page 2 of 5 PagelD 2

2. On February 9, 2023, Plaintiffs ﬁled their Original Petition in the l92nd Judicial

District Court in Dallas County, Texas under Cause No. DC-23-01964. Pls.’ Original Pet, Ex.

D.1. On February 13, 2023, Plaintiffs ﬁled their First Amended Petition. Pls.’ Am. Pet., EX. D.3.

3. Pursuant to Local Rule 81.1, an index of matters being ﬁled with this Notice of

Removal is attached as Exhibit A; a copy of the docket sheet in the state court action is attached

as Exhibit B; a certiﬁcate of interested persons is attached Exhibit C; the relevant pleadings and

executed process on ﬁle in the state court action are attached as Exhibits D.1 through D.8; the

notice of related case is attached as Exhibit E; the civil cover sheet is attached as Exhibit F; and

the supplemental civil cover sheet is attached as Exhibit G.

II.
BASIS FOR REMOVAL
4. There is diversity of citizenship between Plaintiffs and RRC. Furthermore, the

amount in controversy exceeds $75,000.00, exclusive of interest and costs. See Pls.’ Am. Pet., 11

42, Ex. D.3 (seeking monetary relief in excess of $1,000,000). Thus, RRC is entitled to remove

this action to this Court under 28 U.S.C. §§ 1332 and 1441(a).

5. RRC submits that complete diversity of citizenship exists pursuant to 28 U.S.C. §

1332(a). At the time the Petition was ﬁled, and at the time of removal, Plaintiffs were residents

and domiciles of Ohio and U.S. Virgin Islands. Pls.’ Am. Pet., 1111 2—5, Ex. D.3. At the time the

Petition was ﬁled, and at the time of removal, RRC was a Delaware corporation with its principal

place of business in Indiana.1 Id., 11 9, Ex. D.3. Accordingly, for jurisdictional purposes, RRC is

a citizen of Delaware and Indiana and complete diversity of citizenship exits between RRC and

Plaintiffs.

lPlaintiffs incorrectly plead that RRC’s principal place of business is in Virginia. Regardless, there is complete
diversity of citizenship between RRC and Plaintiffs.

DEFENDANT ROLLS-ROYCE CORPORATION’S NOTICE OF REMOVAL Page 2
Case 3:23-cv-00345—S Document 1 Filed 02/14/23 Page 3 of 5 PagelD 3

6. There is also diversity of citizenship between Plaintiffs and Defendants Aviall, Inc.,

Dallas Airmotive, Inc., StandardAero Business Aviation Services, LLC, and Boeing Distribution,
Inc. (collectively, the “Remaining Defendants”) because none of the Remaining Defendants are

citizens of Ohio or U.S. Virgin Islands.

7. Defendant Aviall, Inc. is a Delaware corporation with its principal place of business

in Texas? Pls.’ Am. Pet., 11 6, Ex. D.3. Defendant Aviall, Inc. is therefore a citizen of Delaware

and Texas.

8. Defendant Dallas Airrnotive is a Texas corporation with its principal place of

business in Arizona.3 Pls.’ Am. Pet., 11 7, EX. D.3. Defendant Dallas Airmotive is therefore a

citizen of Texas.

9. Defendant StandardAero Business Aviation Services, LLC is a Delaware

corporation with its principal place of business in Arizona. Pls.’ Am. Pet., 1l 8, Ex. D.3. Defendant

StandardAero Business Aviation Services, LLC is therefore a citizen of Delaware and Arizona.4

10. Boeing Distribution, Inc. is a Delaware corporation with its principal place of

business in Illinois. Pls.’ Am. Pet., 1l 10, Ex. D.3. Defendant Boeing Distribution, Inc. is therefore

a citizen of Delaware and Illinois.

11. None of the defendants in this matter are citizens of Ohio or U.S. Virgin Islands.

Likewise, none of the Plaintiffs are citizens of Delaware, Texas, Arizona, or Illinois. This case is

therefore removable under 28 U.S.C. § 1441.

2
Upon information and belief, Aviall, Inc. no longer exists as an entity.
3
Plaintiff’s Petition incorrectly alleges its principal place of business is in Cincinnati, Ohio.
Upon information and belief, StandardAero Business Aviation Services, LLC is wholly owned by StandardAero
4

Aviation Holdings, Inc., a Delaware corporation, with its principal place of business in Arizona.

DEFENDANT ROLLS-ROYCE CORPORATION’S NOTICE OF REMOVAL Page 3
Case 3:23-cv-00345-S Document 1 Filed 02/14/23 Page 4 of 5 PagelD 4

12. Consent for this removal is not required because none of the Remaining Defendants

have been properly joined and served. See 28 U.S.C. & 1446(b)(2)(A) (defendants Who have

“been properly joined and served” must consent).

III.
REMOVAL PROCEDURE
13. Pursuant to 28 U.S.C. § 1446(b), this Notice of Removal is timely ﬁled within 30

days after RRC’s receipt of Plaintiffs’ Original Petition.

14. Removal of this action is proper under 28 U.S.C. § 1441 because it is a civil action

brought in a state court, and the federal district courts have original jurisdiction over the subject

matter under 28 U.S.C. § 1332. RRC has complied with all applicable provision of 28 U.S.C.

§ 1441, et seq. , the applicable Federal Rules of Civil Procedure, and the Local Rules of the Northern

District of Texas.

15. Pursuant to Local Rule 81.1, RRC attaches those materials required to be ﬁled with

the Notice of Removal.

16. The appropriate ﬁling fee has been tendered to the Clerk of the United States

District Court for the Northern District of Texas along with the Notice of Removal.

17. Pursuant to 28 U.S.C. § 1446(d), written notice of the ﬁling of this Notice of

Removal will be given to all adverse parties promptly after the ﬁling of same. Pursuant to 28

U.S.C. § 1446(d), a true and correct copy of this Notice of Removal Will be ﬁled with the 192nd

Judicial District Court of Dallas County, Texas promptly after the ﬁling of this Notice of Removal.

A copy of the state court notice is attached as Exhibit D.8.

DEFENDANT ROLLS-ROYCE CORPORATION’S NOTICE OF REMOVAL Page 4
Case 3:23-cv-00345—S Document 1 Filed 02/14/23 Page 5 of 5 PagelD 5

IV.
CONCLUSION
18. RRC timely removes this action for trial from the 192nd Judicial District Court of

Dallas County, Texas to this Court.

Respectfully submitted,

/s/ Stuart B. Brown, Jr.
Stuart B. Brown, Jr.
State Bar No. 24006914
bbrown 'W.com
Justin V. Lee
State Bar No. 24097982
'lee 'w.com
Kshitiz S. Gautam
State Bar No. 24131877
kgautam@jw.com

JACKSON WALKER LLP
2323 Ross Ave, Suite 600
Dallas, Texas 75201
(214) 953-6000
(214) 661-6608 - facsimile

ATTORNEYS FOR DEFENDANT ROLLS-
ROYCE CORPORATION

CERTIFICATE OF SERVICE
I hereby certify that on February 14, 2023, a copy of the foregoing document was ﬁled
electronically using the Court’s Electronic Case Filing System. Notice of this ﬁling will be sent
electronically to counsel of record using the Court’s electronic notiﬁcation system. Parties may
access this ﬁling through the Court’s Electronic Case Filing System.

/s/ Stuart B. Brown, Jr.
Stuart B. Brown, Jr.

DEFENDANT ROLLS-ROYCE CORPORATION’S NOTICE OF 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.

Stephen Russo on behalf of Stuart Brown
Bar No. 24006914
srusso@jw.com
Envelope ID: 72770074
Status as of 2/15/2023 10:15 AM CST

Associated Case Party: ANTHONY YANNONE

Name BarNumber Email TimestampSubmitted Status

Ely Valentine & Reed E-Service service@evrﬁrm.com 2/14/2023 8:57:02 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status
Stuart BradBrown bbrown@jw.com 2/14/2023 8:57:02 PM SENT
Justin Lee jlee@jw.com 2/14/2023 8:57:02 PM SENT
Kshitiz Gautam kgautam@jw.com 2/14/2023 8:57:02 PM SENT
Stephen Russo srusso@jw.com 2/14/2023 8:57:02 PM SENT

Case Info

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ACEVES, MARIA Track Judge’s New Case

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Document Filed Date

February 14, 2023

Case Filing Date

February 09, 2023

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Party Notice: ANTHONY YANNONE vs. AVIALL, Inc., et al

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