Preview
Cause No. 22-DCV-296136
PEYMANEH PASHA § IN THE DISTRICT COURT OF
VS. § FORT BEND COUNTY, TEXAS
DICK’S SPORTING GOODS, INC. § 268™ JUDICIAL DISTRICT
DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant DICK’S SPORTING GOODS, INC., and on this date,
September 20, 2022, files this Notice of Filing Notice of Removal, a copy of which is attached
hereto, in the office of the Clerk of the United States District Court for the Southern District of
Texas, Houston Division.
Respectfully submitted,
BUSH & RAMIREZ, PLLC
/s/ John A. Ramirez
John A. Ramirez
State Bar No. 00798450
Zachary D. Wilson
State Bar No. 24106586
5615 Kirby Drive, Suite 900
Houston, Texas 77005
Telephone: (713) 626-1555
Facsimile: (713) 622-8077
jramirez.atty@bushramirez.com
wilson.atty@bushramirez.com
ATTORNEYS FOR DEFENDANT,
DICK’S SPORTING GOODS, INC.
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing instrument has been sent to all interested
counsel of record in accordance with the TEXAS RULES OF CiVIL PROCEDURE on this 20th day of
September 2022.
Husein Hadi
THE HADI LAW FIRM
7100 Regency Square Blvd., Suite 140
Houston, Texas 77036
/s/John A. Ramirez
John A. Ramirez
Complaints and Other Initiating Documents
4:22-cv-03211
Pasha v. Dick's Sporting Goods, Inc.
US. District Court
SOUTHERN DISTRICT OF TEXAS
Notice of Electronic Filing
The following transaction was entered by Ramirez, John on 9/20/2022 at 2:33 PM CDT and filed on 9/20/2022
Case Name Pasha v. Dick's Sporting Goods, Inc.
Case Number: 4:22-cv-03211
Filer: Dick's Sporting Goods, Inc.
Document Number: 1
Docket Text
NOTICE OF REMOVAL from 268th District Court, Fort Bend, case number 22-DCV-296136 (Filing
fee $ 402 receipt number ATXSDC-28801770) filed by Dick's Sporting Goods, Inc.. (Attachments.
# (1) Civil Cover Sheet Civil Cover Sheet, # (2) Exhibit Plaintiff's Original Petition, # (3) Exhibit
Original Answer (State Court), # (4) Exhibit Jury Demand (State Court))(Ramirez, John)
4:22-cv-03211 Notice has been electronically mailed to
John A. Ramirez jramirez.atty@bushramirez.com, equattrucci@bushramirez.com, pchavis@bushramirez.com,
sburnett@bushramirez.com
Peymaneh Pasha litigation@thehadilawfirm.com
4:22-cv-03211 Notice has not been electronically mailed to
The following document(s) are associated with this transaction
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1045387613 [Date=9/20/2022] [FileNumber=38368187-
0] [a2c2a72b48fdl f3d8509b| df1b476536e5392add| 34dec 1 1065c1365cc85191fe4
cb20ea0cceabeb295 1 e5b6db29c866fa834082bc5b6f05a9 1 567ca402fb007]]
Document description:Civil Cover Sheet Civil Cover Sheet
Original filename:n/a
Electronic document Stamp
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1] [28d6b62ecc8aael d054b20ed78938d1c03d99422adb7cc0b1b262 1cf3a527aaa84
9ed82d27068dab02488 1 05df4b 1 65f7 fae66dc8a04c4dbdbe584d7b76fc37£]]
Document description:Exhibit Plaintiff's Original Petition
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1045387613 [Date=9/20/2022] [FileNumber=38368187-
2] [3787935570e40b6ffa8a3c8f7a7ae75 78545 76cbb4d6b696a64aec2038d4c953d2
44dbe38be88b2£b57 1 4fl Lad455b9cc2 1949a85c75401b769bcfbb4b28a554]]
Document description:Exhibit Original Answer (State Court)
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1045387613 [Date=9/20/2022] [FileNumber=38368187-
3] [a2d86085716052074e9e4 1d03c264b82b3ac8al 68b 1 661 6de6a0b08 I ccba9dfSf
42ffe2ecd002c0 1973 122a3c82abafdd58a7208329ba9c9d4c9e8d0c4a25e4]
Document description:Exhibit Jury Demand (State Court)
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_] = 1045387613 [Date=9/20/2022] [FileNumber=38368187-
4] [5cd06d222ec9474aad]1 1 1 8e8a87 19685c630507396da7b7e1297e07fbc4 1 af823a
380a9cl fa9e4 1 1 10e60d8f2b5ce63e1 10648524649a0ec6e2bb6 1c74ef844f]]
IS 44 (Rev. 04/21) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing
ind 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 Unit ed States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the c1 il docket sheet. é INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Peymaneh Pasha Dick's Sporting Goods, Inc.
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN PLAINTIFF CASES) (IN US. PLAINTIFF CASES iL¥)
NOTE: IN LAND CONE NATION C. S, USE THE LOCATION OF
THE TRACT OF “AND INVOLVED.
(c) Attomeys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Husein Hadi, 7100 Regency Square, #140, Houston, TX John A. Ramirez, 5615 Kirby, #900, Houston, TX 77005;
77036; (832) 433-7977; litigation@thehadilawfirm.com (713) 626-1555; jramirez.atty@busharmirez.com
IL. BASIS OF JURISDICTION (piace an “x” in One Box Only) LL, CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
ou U.S. Government [23 Federal Question PTF DEI PTF DEF
Plaintiff (US. Government Not a Party) Citizen of This State fi oO Incorporated or Principal Place O48 O4
of Business In This te
US. overnment [)4_ Diversity Citizen of Another State O2 oO 2 Incorporated and Prinei Pla
‘of Business In Another State
ks
Defendant (ndicate Ci hip of Parties in Item I)
Citi n or Subject of a O3 O03 Foreign Nation Os Os
Foreign Country
IV. NATURE OF SUIT (Place an “x” in One Box Only) Click here for: Nature of Suit Code Descriptions.
[ CONTRACT. TORTS. FORFEITURE/PENALTY. BANKRUPTCY OTHER STATUTES. ]
110 Insurance
120 Marine
130 Miller Act
PERSONAL INJURY
H
310 Airplane
315 Airplane Product
PERSONAL INJURY
365 Personal Injury -
Product Li ‘lity
|] 625 Drug Related Seizure
of Property 21 USC 881
[690 other H 422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
H 375 FalseC ims Act
376 Qui Tam (31 USC
9(a))
140 Negotiable Instrument bility (2367 Health C ef INTELLECTU. 400 State Reapportionment
([] 150 Recovery of Overpayment [7] 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS __[7) 410 Antitrust
:
& Enforcement of Judgment] Slander Personal Injury 820 Copyrights 430 Banks and Banking
q 151 Medicare Act [_] 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
52 Recovery of Def ted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans
(Excludes Veterans)
Os Recovery of Overpayment
H
340 Marine
345 Marine Product
Liability
Injury Product
Liability
PERSONAL PROPERTY TABOR
New Drug Application
840 Trademark
880 Defend Trade Secrets
470 Racketeer Infh need and
Corrupt Organizations
[] 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (as US 1681 or 1692)
(J) 160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act [5 485 Telephone Consumer
J 190 Other Contract Product Liability (C1380 Other Personal |] 720 Labor/Mar 2 ment Protection Act
H 195 Contract Product Liability |x] 360 Other Personal
96 Franchise Injury
|_] 362 Personal Injury-
Property Damage
(21385 Property Damas
Product Liabi y H
Relations
740 Railway Labor Act
751 Family and Medical
861 HIA (139581)
862 Black Lung (923)
863 DIWC/DIWW (4
H 490 Cable/Sat TV
850 ccurities/Commodities!
Exchange
Medical Malpractice e e Act 864 SSID Title XVI [_] 890 Othe atutory Actions
REAL PROPERTY Givin RIGHTS PRISONER PETITIONS: 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other 1 Rights Habeas Corpus: [_]791 Employee Retirement 893 Environmental Matters
[LJ 220 Foreclosure 441 Voting [_] 463 Alien Detain Income Security Act 1 TAX SUITS 895 Freedom of Information
=
230 Rent Li & Ejectment 4a2 ployment [7] 510 Motions to Vacate [_] 870 Taxes (U.S. Plaintiff Act
240 Torts to Land
245 Tort Product Liability
[J 290 AU Other Real Property
443 Housing!
Accommodations
Sentence
[_] 530 General
445 Amer. w/Disabilitics -[__] 535 Death Penalty IMMIGRATION
or Defendant)
|) 871 1Rs—T
26 USC 7609
Party H 896 Arbitration
899 Adm istrative Procedure
Act/Review or Appeal of
Employment Other: (462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other }465 Other Immigration [7] 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 585 Prison Con
560 Civil Detainee -
c ditions of
Confinement
V. ORIGIN (Place an X" in One Box Only)
1 Original 2 Removed from 3 Remanded from [14 Reinstated or 5] 5 Transferred from 6 Multidistrict (8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) ‘Transfer Direct File
[Cite the U.S. Civil Statute under which you are filing (Do not eite jurisdictional statutes untess div. sity
28 U.S.C. Section 1332
VI. CAUSE OF ACTION Brief description of cause:
Plaintiff, Peymaheh Pasha, claims she was injured when ridding a bike purchased from Dicks Sporting Goods on 12/14/20.
VIL. REQUESTED IN (1) CHECK IF THIS IS A CLASS ACTION DEMAND$ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Dyes EINo
VII. RELATED CASE(S)
IF ANY (See instructions).
JUDG: DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
9/20/22 falohn A. Ramirez
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
PEYMANEH PASHA §
VS. § CIVIL ACTION NO.
§
DICK’S SPORTING GOODS, INC. §
NOTICE OF REMOVAL
TO THE HONORABLE UNITED STATES DISTRICT COURT:
COMES NOW, Defendant DICK’S SPORTING GOODS, INC., (“Dick’s”), and files this
Notice of Removal, pursuant to 28 U.S.C. §§ 1441 and 1446, removing this civil action from the
268" Judicial District Court, where this matter was pending under Cause No. 22-DCV-296136, in
a matter styled Peymaneh Pasha v. Dick’s Sporting Goods, Inc. (the “State Court Action”), to the
United States District Court for the Southern District of Texas, Houston Division.
I
RELEVANT FACTS AND NATURE OF SUIT
1 Plaintiff, Peymaneh Pasha (“Plaintiff”), claims she was injured on December 14,
2020, after falling from a bicycle she purchased at Dick’s Sporting Goods store in Katy, Texas.
See Exhibit A, Plaintiff’s Original Petition at { 8. Plaintiff appears to assert a negligence cause of
action against Dick’s. See Id. at J] 9-11. Plaintiff's lawsuit expressly alleges she is seeking
monetary relief in excess of $1,000,000.00. See Id. at { 21.
Il.
TIMELINESS OF REMOVAL
2. Plaintiff commenced this lawsuit by filing her Original Petition August 16, 2022.
Plaintiff served Dick’s with her Original Petition on August 22, 2022.
3 Dick’s now timely files this Notice of Removal within 30 days after it was served
with Plaintiff's lawsuit. 28 U.S.C. § 1446.
TIL
BASIS FOR REMOVAL JURISDICTION
4 Removal is proper under 28 U.S.C. §§ 1441 and 1332 because there is complete
diversity of citizenship between the parties and because the amount in controversy exceeds
$75,000, exclusive of interest and costs.
A Diversity of citizenship exists between the parties.
5 At the time of the filing of this Petition, Plaintiff resided in Fort Bend County,
Texas. See Exhibit A at § 2. Therefore, Plaintiff was, and is still, a citizen of the State of Texas.
6 Plaintiff sued Dick’s Sporting Goods, Inc. Dick’s is now and was at the time of
filing of this action a Delaware corporation with its principal place of business in Pennsylvania.
7
A corporation is “‘a citizen of every State and foreign state by which it has been
incorporated and of the State or foreign state where it has its principal place of business.” MidCap
Media Fin., L.L.C., 929 F.3d at 314. Dick’s Sporting Goods, Inc. is an incorporated entity under
the laws of the State of Delaware with its principal place of business in Pennsylvania. Therefore,
Dick’s Sporting Goods, Inc. is a citizen of Delaware and Pennsylvania.
8 Accordingly, for diversity purposes, Defendant, Dick’s Sporting Goods, Inc., is a
citizen of Delaware and Pennsylvania. Thus, this lawsuit is between citizens of different states,
and there is complete diversity of citizenship between Plaintiff and Dick’s pursuant to 28 U.S.C.
§ 1332.
B. The amount in controversy exceeds $75,000.
9 Plaintiff's lawsuit expressly alleges she is seeking monetary relief in excess of
$1,000,000.00. See Exhibit A at { 21. Thus, based on all information currently known by or
available to Dick’s, Plaintiff's pleadings admit that the amount in controversy exceeds the
jurisdictional minimum for removal to this Court.
IV.
THIS NOTICE IS PROCEDURALLY CORRECT
10. Based on the aforementioned facts, the State Court Action may be removed to this
Court by Dick’s in accordance with the provisions of 28 U.S.C. § 1441(a) because: (i) this action
is a civil action pending within the jurisdiction of the United States District Court for the Southern
District of Texas, Houston Division; (ii) this action is between citizens of different states; and
(iii) the amount in controversy exceeds $75,000.00, exclusive of interest and costs as specifically
plead in the Petition.
11. Defendant is also filing with the Notice of Removal a completed Civil Cover Sheet.
12. Defendant retains the right to supplement the jurisdictional allegations by affidavit,
declaration or otherwise, should Plaintiff challenge the allegations in a motion to remand or other
filing.
13. In accordance with 28 U.S.C. § 1446(d), written notice of the filing of this Notice
of Removal will be given to all parties and to the Clerk of the 268" Judicial District, where this
matter was pending under Cause No. 22-DCV-296136, in a matter styled Peymaneh Pasha vs.
Dick’s Sporting Goods, Inc.
14, A jury trial has been demanded in the State Court Action by Dick’s.
15. Trial has not commenced in the 268" Judicial District Court.
Vv.
CONCLUSION ‘AND PRAYER
16. Since diversity jurisdiction exists over Plaintiff's claim as set forth in Plaintiff's
Original Petition, Defendant desires and is entitled to remove the lawsuit filed in the 268" Judicial
District Court to the United States District Court for the Southern District of Texas, Houston
Division.
WHEREFORE, Defendant Dick’s Sporting Goods, Inc. files this Notice of Removal
pursuant to and in conformance with the statutory requirements, removes this action from the 268"
Judicial District Court.
Respectfully submitted,
BUSH & RAMIREZ, PLLC
/s/ John A. Ramirez
John A. Ramirez
State Bar No. 00798450
Federal ID No. 21280
Zachary D. Wilson
State Bar No. 24106586
Federal ID No. 3299604
5615 Kirby Drive, Suite 900
Houston, Texas 77005
Telephone: (713) 626-1555
Facsimile: (713) 622-8077
jramirez.atty@bushramirez.com
zwilson.atty@bushramirez.com
ATTORNEYS FOR DEFENDANT,
DICK’S SPORTING GOODS, INC.
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing instrument has been sent to all interested
counsel of record in accordance with the FEDERAL RULES OF CIVIL PROCEDURE on this 20th day
of September 2022.
Husein Hadi
7100 Regency Square Boulevard, Suite 140
Houston, Texas 77036
/s/ John A. Ramirez
John A. Ramirez
RECEIVED
AUG-2 2 2022
RVICE FEE NOT.COLLECTED
BY DISTRICT CLERK THE STATE OF TEXAS G/f?
CITATION
TO: DICK'S SPORTING GOODS, INC.
211 E 7TH STREET SUITE 620
AUSTIN TX 78701
NOTICE:
You have been sued. You may employ an attomey.__If you or your attomey do not file a written answer with the
clerk who issued this citation by 10:00 a.m. on’Monday following the expiration of twenty days after you were
served this citation and PLAINTIFF" “ORIGIN PETIT filed oh August.16, 2022, a default judgment may be
taken against you. In additi fil ittén Answer with ‘the clerk; May be required to make initial
disclosures to the other paities of this suit, These digclosures gégeneral ly must be made no later than 30 days after
you file your answer with thé clerk. Sut more’ iéip:c
The case is presently pending befo > the" 268TH JUDICIAL DISTRI OURT’ of ort:Bend County sitting in
Richmond, Texas; ‘it bears calls ber 22-DCV-296136 and is styled:
wes 4
pevanesiyasiny yl pick’ SPOR TING.soobs, INC z=AX
a
S.
aie 4 Ae Sei
The name. Sand addres va
fd
LAINTIFF(S) is: ene \ Sr
a Sin,
HUSEIN HADI
THE HADI LAW Fini PLLG: 4
7100 REGENCY SQUARE BLVE 140: Ly
HOUSTON TX 77036 hee
Demet ert fy i
832-433-7977 a fF 4
Le!= ee iy foe feel
The nature of the: demands aid, PLAINTIFF(S) own, by ‘a true
rh
tony J of iio PLAINTIFF'S
ORIGINAL PETITION acgomipanyiing this citation and, fade a part hereof, es i}
AA Ty th 4? Wy Qy
If this: tion is not ve, ‘tale returned” unsiéved sued und y and’ ‘seal of said: ‘Court, at
Richmond,
A
Texas, on: ig the d9th’ day of August; 2022,
a, we 1m nae
BEVERLEY. MCGREW. ALKER,B DI
go fe
RICT CLERK;'
(ORT BEND COUNTY, TEXAS”
4, hysical Add:
ae
422-Eu Hi inn” Room 31
be
os, 469
Mailirig’ Add?ess:
we 01 Jackson Street, ‘Roém 107
Oe
Richi
“Hani
‘exas
1
iN
en
et Deputy District Clerk ASHLEY ALANIZ
lephone: (281) 633-7616
eee Sin sates
EXHIBIT A
SERVICE Delivered on:
S
22-DCV-296136 268th Judicial District Court
Peymanesh Pasha V. Dick's Sporting Goods, Inc.
OFFICER'S OR AUTHORIZED PERSON'S RETURN
Came to hand on the day of 20__, at o'clock __M. Executed
at within the County of
at o'clock __M. on the day of
20__, by delivering to the within named
in person, a true copy of this citation together with the accompanying copy of the petition, having first
attached such copy of such petition to such copy of citation and endorsed on such copy of citation the date of
delivery.
Total fee for serving citation at $80.00 each §.
Name of Officer or Authorized Person
County, Texas
B
"Signature of Deputy or Authorized Parson
*State day and hour and place of serving each person,
COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT.
In accordance with Rule 107: The officer or authorized person who serves, or attempts to serve, a citation shall sign the retum. The signature is
not required to be verified. If the retum is signed by a person other than a sheriff, constable, or the clerk of the court, the retum shall be signed
under penalty of perjury and contain the following statement:
“My name Is
(First, Middle, Last)
my date of birth is. , and my address is
(Street, City, Zip)
| DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
Executed in County, State of. on the
day of
Declarant/ Authorized Process Server
(Id # & expiration of certification)
SERVICE
Citation issued to Dick's Sporting Goods, Inc. on 8/19/2022.
Filed
8/16/2022 12:10 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Dreamy Jose
No22-DCV-296136
§ IN THE DISTRICT COURT
PEYMANEH PASHA §
Plaintiff, §
§ Fort Bend County - 268th Judicial District Court
Vv. (CIAL DISTRIC
§
DICK’S SPORTING GOODS, INC. §
Defendant. § OF FORT BEND COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES PEYMANEH PASHA, hereinafter called Plaintiff, complains of and
about DICK’S SPORTING GOODS, INC., hereinafter called Defendant, and for cause of action
show unto the Court the following:
DISCOVERY CONTROL PLAN LEVEL
1 Pursuant to the Texas Rules of Civil Procedure Plaintiff intends that discovery be
conducted under a Level 2 Discovery Control Plan.
PARTIES AND SERVICE
2 Plaintiff, PEYMANEH PASHA, is an individual who resides in Fort bend
County, Texas.
3 Defendant DICK’S SPORTING GOODS, INC., a Corporation doing business in
Texas, is organized under the laws of the State of Texas, and service of process on the Defendant
may be effected pursuant to article 2.11(A) of the Texas Business Corporation Act, or its
successor statute, sections 5.201 and 5.255 of the Texas Business Organizations Code, by
serving the registered agent of the corporation, Corporation Service Company dba CSC-
1
Lawyers Incorporating Service Company, at 211 E. 7" Street, Suite 620, Austin, Texas 78701,
its registered office. Service of said Defendant as described above can be effected by certified
mail, return receipt requested.
JURISDICTION AND VENUE
4. This court has jurisdiction over the parties because Defendant, DICK’S
SPORTING GOODS, INC., purposefully availed itself of the privilege of conducting activities
in the State of Texas and established minimum contacts with said forum sufficient to confer
jurisdiction over said Defendant, and the assumption of jurisdiction over Defendant will not
offend traditional notions of fair play and substantial justice and is consistent with the
constitutional requirements of due process.
5. Plaintiff would show that Defendant, DICK’S SPORTING GOODS, INC., had
continuous and systematic contacts with the State of Texas sufficient to establish general
jurisdiction over said Defendant.
6 Plaintiff would show that Plaintiff's cause of action against Defendant, DICK’S
SPORTING GOODS, INC., arose from its continuous and systematic contacts with the State of
Texas.
7. This Court has jurisdiction and venue is proper in Fort bend County, Texas
pursuant to Tex. Civ. Prac. & Rem. Code §15.002(a)(1) and Tex. Ins. Code § 1952.110 in that all
or a substantial part of the events or omissions giving rise to the claim occurred in Fort bend
County, Texas.
FACTS
8. On December 14, 2020, Plaintiff PEYMANEH eaena was riding a bike she
purchased from DICK’S SPORTING GOODS, INC., when the brake gear failed to work causing
her to fall. As a result of this incident, Plaintiff sustained serious personal injuries for which he
had to seek the care of medical professionals.
LIABILITY OF DEFENDANT DICK’S SPORTING GOODS, INC.
9. At the time and on the occasion in question, Defendant DICK’S SPORTING
GOODS, INC., managed, maintained, occupied, controlled, leased, operated, and/or owned
DICK’S SPORTING GOODS, INC., located at 24600 Katy Freeway, Suite 1100A, Katy, Texas
77494, In setting up and displaying the bicycle, Defendant and its employees failed to use
ordinary care by various acts of omissions and/or commissions, including but not limited to the
following, each of which singularly or in combination, was a proximate cause of the incident in
question:
A. In failing to properly assemble the bicycle;
B Displaying and advertising the bicycle for sale without ensuring it was
safe for consumer use;
Cc. In failing to properly train and supervise its employees;
D. Failing to inspect the bicycle for any defects after assembly;
Failing to test the bicycle to ensure it was fit for its intended use;
Advertising and selling products that are not safe for its intended purpose;
Failure to comply with manufacturer’s specifications,
i. In failing to warn others that a dangerous condition existed; and
1 In creating a hazard to others.
10. Such negligence, either singularly or in combination, proximately caused
Plaintiff's injuries and resulting damages.
ll. Nothing Plaintiff did or failed to do was a proximate or contributing cause of the
incident made the basis of this suit.
PROXIMATE CAUSE
14, Each and every, all and singular of the foregoing acts and omissions, on the part
of Defendant, taken separately and/or collectively, constitute a direct and proximate cause of the
injuries and damages set forth below.
DAMAGES FOR PLAINTIFF PEYMANEH PASHA
15. As a direct and proximate result of the occurrence made the basis of this lawsuit
and Defendant's acts as described herein, Plaintiff PEYMANEH PASHA was caused to suffer
personal injuries and to endure anxiety, pain, and illness resulting in damages more fully set
forth below:
a. The physical pain and mental anguish sustained from the date of incident to the
time of verdict herein;
The physical pain and mental anguish which, in reasonable medical probability,
will be suffered after the date of verdict herein;
The reasonable and necessary costs of medical care and treatment, including
doctors, hospitals, nurses, medicines, and other services and supplies from the
date of the incident to the time of verdict herein;
The reasonable and necessary costs of medical care and treatment, including
doctors, hospitals, nurses, medicines, and other services and supplies, which, in
reasonable probability will be incurred in the future after the date of verdict
herein;
Physical impairment which has been sustained, resulting in lessened use and/or
movement of various parts of Plaintiff's body from the date of the incident to the
date of verdict herein; and
The physical impairment which, in reasonable probability, will be sustained to
various parts of Plaintiff's body, resulting in lessened use and/or movement of
4
same in the future after the date of verdict herein.
Physical disfigurement which has been sustained, resulting in lessened use and/or
movement of various parts of Plaintiffs body from the date of the incident to the
date of verdict herein; and
The physical disfigurement which, in reasonable probability, will be sustained to
various parts of Plaintiff's body, resulting in lessened use and/or movement of
same in the future after the date of verdict herein.
16. By reason of the above, Plaintiff, PEYMANEH PASHA has suffered losses and
damages in a sum within the jurisdictional limits of the Court and for which this lawsuit is
brought.
PRESERVING EVIDENCE
17. Plaintiff hereby requests and demands that Defendant preserves and maintains all
evidence pertaining to any claim or defense related to the incident made the basis of this lawsuit
or the damages resulting there from, including statements, photographs, videotapes, audiotapes,
surveillance or security tapes or information, business or medical records, incident reports, tenant
files, periodic reports, financial statements, bills, telephone call slips or records, estimates,
invoices, checks, measurements, correspondence, facsimiles, email, voice mail, text messages,
and evidence involving the incident in question, and any electronic image or information related
to the referenced incident or damages. Failure to maintain such items will constitute “spoliation”
of the evidence.
NOTICE OF USE
18. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Defendant is
hereby notified that Plaintiff intends to use all documents produced by
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Cause No. 22-DCV-296136 PEYMANEH PASHA § IN THE DISTRICT COURT OF VS. § FORT BEND COUNTY, TEXAS DICK’S SPORTING GOODS, INC. § 268™ JUDICIAL DISTRICT DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant DICK’S SPORTING GOODS, INC., and on this date, September 20, 2022, files this Notice of Filing Notice of Removal, a copy of which is attached hereto, in the office of the Clerk of the United States District Court for the Southern District of Texas, Houston Division. Respectfully submitted, BUSH & RAMIREZ, PLLC /s/ John A. Ramirez John A. Ramirez State Bar No. 00798450 Zachary D. Wilson State Bar No. 24106586 5615 Kirby Drive, Suite 900 Houston, Texas 77005 Telephone: (713) 626-1555 Facsimile: (713) 622-8077 jramirez.atty@bushramirez.com wilson.atty@bushramirez.com ATTORNEYS FOR DEFENDANT, DICK’S SPORTING GOODS, INC. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing instrument has been sent to all interested counsel of record in accordance with the TEXAS RULES OF CiVIL PROCEDURE on this 20th day of September 2022. Husein Hadi THE HADI LAW FIRM 7100 Regency Square Blvd., Suite 140 Houston, Texas 77036 /s/John A. Ramirez John A. Ramirez Complaints and Other Initiating Documents 4:22-cv-03211 Pasha v. Dick's Sporting Goods, Inc. US. District Court SOUTHERN DISTRICT OF TEXAS Notice of Electronic Filing The following transaction was entered by Ramirez, John on 9/20/2022 at 2:33 PM CDT and filed on 9/20/2022 Case Name Pasha v. Dick's Sporting Goods, Inc. Case Number: 4:22-cv-03211 Filer: Dick's Sporting Goods, Inc. Document Number: 1 Docket Text NOTICE OF REMOVAL from 268th District Court, Fort Bend, case number 22-DCV-296136 (Filing fee $ 402 receipt number ATXSDC-28801770) filed by Dick's Sporting Goods, Inc.. (Attachments. # (1) Civil Cover Sheet Civil Cover Sheet, # (2) Exhibit Plaintiff's Original Petition, # (3) Exhibit Original Answer (State Court), # (4) Exhibit Jury Demand (State Court))(Ramirez, John) 4:22-cv-03211 Notice has been electronically mailed to John A. Ramirez jramirez.atty@bushramirez.com, equattrucci@bushramirez.com, pchavis@bushramirez.com, sburnett@bushramirez.com Peymaneh Pasha litigation@thehadilawfirm.com 4:22-cv-03211 Notice has not been electronically mailed to The following document(s) are associated with this transaction Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1045387613 [Date=9/20/2022] [FileNumber=38368187- 0] [a2c2a72b48fdl f3d8509b| df1b476536e5392add| 34dec 1 1065c1365cc85191fe4 cb20ea0cceabeb295 1 e5b6db29c866fa834082bc5b6f05a9 1 567ca402fb007]] Document description:Civil Cover Sheet Civil Cover Sheet Original filename:n/a Electronic document Stamp [STAMP dcecfStamp_ID=1045387613 [Date=9/20/2022] [FileNumber=38368187- 1] [28d6b62ecc8aael d054b20ed78938d1c03d99422adb7cc0b1b262 1cf3a527aaa84 9ed82d27068dab02488 1 05df4b 1 65f7 fae66dc8a04c4dbdbe584d7b76fc37£]] Document description:Exhibit Plaintiff's Original Petition Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1045387613 [Date=9/20/2022] [FileNumber=38368187- 2] [3787935570e40b6ffa8a3c8f7a7ae75 78545 76cbb4d6b696a64aec2038d4c953d2 44dbe38be88b2£b57 1 4fl Lad455b9cc2 1949a85c75401b769bcfbb4b28a554]] Document description:Exhibit Original Answer (State Court) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1045387613 [Date=9/20/2022] [FileNumber=38368187- 3] [a2d86085716052074e9e4 1d03c264b82b3ac8al 68b 1 661 6de6a0b08 I ccba9dfSf 42ffe2ecd002c0 1973 122a3c82abafdd58a7208329ba9c9d4c9e8d0c4a25e4] Document description:Exhibit Jury Demand (State Court) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_] = 1045387613 [Date=9/20/2022] [FileNumber=38368187- 4] [5cd06d222ec9474aad]1 1 1 8e8a87 19685c630507396da7b7e1297e07fbc4 1 af823a 380a9cl fa9e4 1 1 10e60d8f2b5ce63e1 10648524649a0ec6e2bb6 1c74ef844f]] IS 44 (Rev. 04/21) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing ind 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 Unit ed States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the c1 il docket sheet. é INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS Peymaneh Pasha Dick's Sporting Goods, Inc. (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN PLAINTIFF CASES) (IN US. PLAINTIFF CASES iL¥) NOTE: IN LAND CONE NATION C. S, USE THE LOCATION OF THE TRACT OF “AND INVOLVED. (c) Attomeys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Husein Hadi, 7100 Regency Square, #140, Houston, TX John A. Ramirez, 5615 Kirby, #900, Houston, TX 77005; 77036; (832) 433-7977; litigation@thehadilawfirm.com (713) 626-1555; jramirez.atty@busharmirez.com IL. BASIS OF JURISDICTION (piace an “x” in One Box Only) LL, CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) ou U.S. Government [23 Federal Question PTF DEI PTF DEF Plaintiff (US. Government Not a Party) Citizen of This State fi oO Incorporated or Principal Place O48 O4 of Business In This te US. overnment [)4_ Diversity Citizen of Another State O2 oO 2 Incorporated and Prinei Pla ‘of Business In Another State ks Defendant (ndicate Ci hip of Parties in Item I) Citi n or Subject of a O3 O03 Foreign Nation Os Os Foreign Country IV. NATURE OF SUIT (Place an “x” in One Box Only) Click here for: Nature of Suit Code Descriptions. [ CONTRACT. TORTS. FORFEITURE/PENALTY. BANKRUPTCY OTHER STATUTES. ] 110 Insurance 120 Marine 130 Miller Act PERSONAL INJURY H 310 Airplane 315 Airplane Product PERSONAL INJURY 365 Personal Injury - Product Li ‘lity |] 625 Drug Related Seizure of Property 21 USC 881 [690 other H 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 H 375 FalseC ims Act 376 Qui Tam (31 USC 9(a)) 140 Negotiable Instrument bility (2367 Health C ef INTELLECTU. 400 State Reapportionment ([] 150 Recovery of Overpayment [7] 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS __[7) 410 Antitrust : & Enforcement of Judgment] Slander Personal Injury 820 Copyrights 430 Banks and Banking q 151 Medicare Act [_] 330 Federal Employers’ Product Liability 830 Patent 450 Commerce 52 Recovery of Def ted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation Student Loans (Excludes Veterans) Os Recovery of Overpayment H 340 Marine 345 Marine Product Liability Injury Product Liability PERSONAL PROPERTY TABOR New Drug Application 840 Trademark 880 Defend Trade Secrets 470 Racketeer Infh need and Corrupt Organizations [] 480 Consumer Credit of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (as US 1681 or 1692) (J) 160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act [5 485 Telephone Consumer J 190 Other Contract Product Liability (C1380 Other Personal |] 720 Labor/Mar 2 ment Protection Act H 195 Contract Product Liability |x] 360 Other Personal 96 Franchise Injury |_] 362 Personal Injury- Property Damage (21385 Property Damas Product Liabi y H Relations 740 Railway Labor Act 751 Family and Medical 861 HIA (139581) 862 Black Lung (923) 863 DIWC/DIWW (4 H 490 Cable/Sat TV 850 ccurities/Commodities! Exchange Medical Malpractice e e Act 864 SSID Title XVI [_] 890 Othe atutory Actions REAL PROPERTY Givin RIGHTS PRISONER PETITIONS: 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts 210 Land Condemnation 440 Other 1 Rights Habeas Corpus: [_]791 Employee Retirement 893 Environmental Matters [LJ 220 Foreclosure 441 Voting [_] 463 Alien Detain Income Security Act 1 TAX SUITS 895 Freedom of Information = 230 Rent Li & Ejectment 4a2 ployment [7] 510 Motions to Vacate [_] 870 Taxes (U.S. Plaintiff Act 240 Torts to Land 245 Tort Product Liability [J 290 AU Other Real Property 443 Housing! Accommodations Sentence [_] 530 General 445 Amer. w/Disabilitics -[__] 535 Death Penalty IMMIGRATION or Defendant) |) 871 1Rs—T 26 USC 7609 Party H 896 Arbitration 899 Adm istrative Procedure Act/Review or Appeal of Employment Other: (462 Naturalization Application Agency Decision 446 Amer. w/Disabilities - 540 Mandamus & Other }465 Other Immigration [7] 950 Constitutionality of Other 550 Civil Rights Actions State Statutes 448 Education 585 Prison Con 560 Civil Detainee - c ditions of Confinement V. ORIGIN (Place an X" in One Box Only) 1 Original 2 Removed from 3 Remanded from [14 Reinstated or 5] 5 Transferred from 6 Multidistrict (8 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation - (specify) ‘Transfer Direct File [Cite the U.S. Civil Statute under which you are filing (Do not eite jurisdictional statutes untess div. sity 28 U.S.C. Section 1332 VI. CAUSE OF ACTION Brief description of cause: Plaintiff, Peymaheh Pasha, claims she was injured when ridding a bike purchased from Dicks Sporting Goods on 12/14/20. VIL. REQUESTED IN (1) CHECK IF THIS IS A CLASS ACTION DEMAND$ CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Dyes EINo VII. RELATED CASE(S) IF ANY (See instructions). JUDG: DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD 9/20/22 falohn A. Ramirez FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION PEYMANEH PASHA § VS. § CIVIL ACTION NO. § DICK’S SPORTING GOODS, INC. § NOTICE OF REMOVAL TO THE HONORABLE UNITED STATES DISTRICT COURT: COMES NOW, Defendant DICK’S SPORTING GOODS, INC., (“Dick’s”), and files this Notice of Removal, pursuant to 28 U.S.C. §§ 1441 and 1446, removing this civil action from the 268" Judicial District Court, where this matter was pending under Cause No. 22-DCV-296136, in a matter styled Peymaneh Pasha v. Dick’s Sporting Goods, Inc. (the “State Court Action”), to the United States District Court for the Southern District of Texas, Houston Division. I RELEVANT FACTS AND NATURE OF SUIT 1 Plaintiff, Peymaneh Pasha (“Plaintiff”), claims she was injured on December 14, 2020, after falling from a bicycle she purchased at Dick’s Sporting Goods store in Katy, Texas. See Exhibit A, Plaintiff’s Original Petition at { 8. Plaintiff appears to assert a negligence cause of action against Dick’s. See Id. at J] 9-11. Plaintiff's lawsuit expressly alleges she is seeking monetary relief in excess of $1,000,000.00. See Id. at { 21. Il. TIMELINESS OF REMOVAL 2. Plaintiff commenced this lawsuit by filing her Original Petition August 16, 2022. Plaintiff served Dick’s with her Original Petition on August 22, 2022. 3 Dick’s now timely files this Notice of Removal within 30 days after it was served with Plaintiff's lawsuit. 28 U.S.C. § 1446. TIL BASIS FOR REMOVAL JURISDICTION 4 Removal is proper under 28 U.S.C. §§ 1441 and 1332 because there is complete diversity of citizenship between the parties and because the amount in controversy exceeds $75,000, exclusive of interest and costs. A Diversity of citizenship exists between the parties. 5 At the time of the filing of this Petition, Plaintiff resided in Fort Bend County, Texas. See Exhibit A at § 2. Therefore, Plaintiff was, and is still, a citizen of the State of Texas. 6 Plaintiff sued Dick’s Sporting Goods, Inc. Dick’s is now and was at the time of filing of this action a Delaware corporation with its principal place of business in Pennsylvania. 7 A corporation is “‘a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business.” MidCap Media Fin., L.L.C., 929 F.3d at 314. Dick’s Sporting Goods, Inc. is an incorporated entity under the laws of the State of Delaware with its principal place of business in Pennsylvania. Therefore, Dick’s Sporting Goods, Inc. is a citizen of Delaware and Pennsylvania. 8 Accordingly, for diversity purposes, Defendant, Dick’s Sporting Goods, Inc., is a citizen of Delaware and Pennsylvania. Thus, this lawsuit is between citizens of different states, and there is complete diversity of citizenship between Plaintiff and Dick’s pursuant to 28 U.S.C. § 1332. B. The amount in controversy exceeds $75,000. 9 Plaintiff's lawsuit expressly alleges she is seeking monetary relief in excess of $1,000,000.00. See Exhibit A at { 21. Thus, based on all information currently known by or available to Dick’s, Plaintiff's pleadings admit that the amount in controversy exceeds the jurisdictional minimum for removal to this Court. IV. THIS NOTICE IS PROCEDURALLY CORRECT 10. Based on the aforementioned facts, the State Court Action may be removed to this Court by Dick’s in accordance with the provisions of 28 U.S.C. § 1441(a) because: (i) this action is a civil action pending within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division; (ii) this action is between citizens of different states; and (iii) the amount in controversy exceeds $75,000.00, exclusive of interest and costs as specifically plead in the Petition. 11. Defendant is also filing with the Notice of Removal a completed Civil Cover Sheet. 12. Defendant retains the right to supplement the jurisdictional allegations by affidavit, declaration or otherwise, should Plaintiff challenge the allegations in a motion to remand or other filing. 13. In accordance with 28 U.S.C. § 1446(d), written notice of the filing of this Notice of Removal will be given to all parties and to the Clerk of the 268" Judicial District, where this matter was pending under Cause No. 22-DCV-296136, in a matter styled Peymaneh Pasha vs. Dick’s Sporting Goods, Inc. 14, A jury trial has been demanded in the State Court Action by Dick’s. 15. Trial has not commenced in the 268" Judicial District Court. Vv. CONCLUSION ‘AND PRAYER 16. Since diversity jurisdiction exists over Plaintiff's claim as set forth in Plaintiff's Original Petition, Defendant desires and is entitled to remove the lawsuit filed in the 268" Judicial District Court to the United States District Court for the Southern District of Texas, Houston Division. WHEREFORE, Defendant Dick’s Sporting Goods, Inc. files this Notice of Removal pursuant to and in conformance with the statutory requirements, removes this action from the 268" Judicial District Court. Respectfully submitted, BUSH & RAMIREZ, PLLC /s/ John A. Ramirez John A. Ramirez State Bar No. 00798450 Federal ID No. 21280 Zachary D. Wilson State Bar No. 24106586 Federal ID No. 3299604 5615 Kirby Drive, Suite 900 Houston, Texas 77005 Telephone: (713) 626-1555 Facsimile: (713) 622-8077 jramirez.atty@bushramirez.com zwilson.atty@bushramirez.com ATTORNEYS FOR DEFENDANT, DICK’S SPORTING GOODS, INC. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing instrument has been sent to all interested counsel of record in accordance with the FEDERAL RULES OF CIVIL PROCEDURE on this 20th day of September 2022. Husein Hadi 7100 Regency Square Boulevard, Suite 140 Houston, Texas 77036 /s/ John A. Ramirez John A. Ramirez RECEIVED AUG-2 2 2022 RVICE FEE NOT.COLLECTED BY DISTRICT CLERK THE STATE OF TEXAS G/f? CITATION TO: DICK'S SPORTING GOODS, INC. 211 E 7TH STREET SUITE 620 AUSTIN TX 78701 NOTICE: You have been sued. You may employ an attomey.__If you or your attomey do not file a written answer with the clerk who issued this citation by 10:00 a.m. on’Monday following the expiration of twenty days after you were served this citation and PLAINTIFF" “ORIGIN PETIT filed oh August.16, 2022, a default judgment may be taken against you. In additi fil ittén Answer with ‘the clerk; May be required to make initial disclosures to the other paities of this suit, These digclosures gégeneral ly must be made no later than 30 days after you file your answer with thé clerk. Sut more’ iéip:c The case is presently pending befo > the" 268TH JUDICIAL DISTRI OURT’ of ort:Bend County sitting in Richmond, Texas; ‘it bears calls ber 22-DCV-296136 and is styled: wes 4 pevanesiyasiny yl pick’ SPOR TING.soobs, INC z=AX a S. aie 4 Ae Sei The name. Sand addres va fd LAINTIFF(S) is: ene \ Sr a Sin, HUSEIN HADI THE HADI LAW Fini PLLG: 4 7100 REGENCY SQUARE BLVE 140: Ly HOUSTON TX 77036 hee Demet ert fy i 832-433-7977 a fF 4 Le!= ee iy foe feel The nature of the: demands aid, PLAINTIFF(S) own, by ‘a true rh tony J of iio PLAINTIFF'S ORIGINAL PETITION acgomipanyiing this citation and, fade a part hereof, es i} AA Ty th 4? Wy Qy If this: tion is not ve, ‘tale returned” unsiéved sued und y and’ ‘seal of said: ‘Court, at Richmond, A Texas, on: ig the d9th’ day of August; 2022, a, we 1m nae BEVERLEY. MCGREW. ALKER,B DI go fe RICT CLERK;' (ORT BEND COUNTY, TEXAS” 4, hysical Add: ae 422-Eu Hi inn” Room 31 be os, 469 Mailirig’ Add?ess: we 01 Jackson Street, ‘Roém 107 Oe Richi “Hani ‘exas 1 iN en et Deputy District Clerk ASHLEY ALANIZ lephone: (281) 633-7616 eee Sin sates EXHIBIT A SERVICE Delivered on: S 22-DCV-296136 268th Judicial District Court Peymanesh Pasha V. Dick's Sporting Goods, Inc. OFFICER'S OR AUTHORIZED PERSON'S RETURN Came to hand on the day of 20__, at o'clock __M. Executed at within the County of at o'clock __M. on the day of 20__, by delivering to the within named in person, a true copy of this citation together with the accompanying copy of the petition, having first attached such copy of such petition to such copy of citation and endorsed on such copy of citation the date of delivery. Total fee for serving citation at $80.00 each §. Name of Officer or Authorized Person County, Texas B "Signature of Deputy or Authorized Parson *State day and hour and place of serving each person, COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT. In accordance with Rule 107: The officer or authorized person who serves, or attempts to serve, a citation shall sign the retum. The signature is not required to be verified. If the retum is signed by a person other than a sheriff, constable, or the clerk of the court, the retum shall be signed under penalty of perjury and contain the following statement: “My name Is (First, Middle, Last) my date of birth is. , and my address is (Street, City, Zip) | DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Executed in County, State of. on the day of Declarant/ Authorized Process Server (Id # & expiration of certification) SERVICE Citation issued to Dick's Sporting Goods, Inc. on 8/19/2022. Filed 8/16/2022 12:10 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Dreamy Jose No22-DCV-296136 § IN THE DISTRICT COURT PEYMANEH PASHA § Plaintiff, § § Fort Bend County - 268th Judicial District Court Vv. (CIAL DISTRIC § DICK’S SPORTING GOODS, INC. § Defendant. § OF FORT BEND COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES PEYMANEH PASHA, hereinafter called Plaintiff, complains of and about DICK’S SPORTING GOODS, INC., hereinafter called Defendant, and for cause of action show unto the Court the following: DISCOVERY CONTROL PLAN LEVEL 1 Pursuant to the Texas Rules of Civil Procedure Plaintiff intends that discovery be conducted under a Level 2 Discovery Control Plan. PARTIES AND SERVICE 2 Plaintiff, PEYMANEH PASHA, is an individual who resides in Fort bend County, Texas. 3 Defendant DICK’S SPORTING GOODS, INC., a Corporation doing business in Texas, is organized under the laws of the State of Texas, and service of process on the Defendant may be effected pursuant to article 2.11(A) of the Texas Business Corporation Act, or its successor statute, sections 5.201 and 5.255 of the Texas Business Organizations Code, by serving the registered agent of the corporation, Corporation Service Company dba CSC- 1 Lawyers Incorporating Service Company, at 211 E. 7" Street, Suite 620, Austin, Texas 78701, its registered office. Service of said Defendant as described above can be effected by certified mail, return receipt requested. JURISDICTION AND VENUE 4. This court has jurisdiction over the parties because Defendant, DICK’S SPORTING GOODS, INC., purposefully availed itself of the privilege of conducting activities in the State of Texas and established minimum contacts with said forum sufficient to confer jurisdiction over said Defendant, and the assumption of jurisdiction over Defendant will not offend traditional notions of fair play and substantial justice and is consistent with the constitutional requirements of due process. 5. Plaintiff would show that Defendant, DICK’S SPORTING GOODS, INC., had continuous and systematic contacts with the State of Texas sufficient to establish general jurisdiction over said Defendant. 6 Plaintiff would show that Plaintiff's cause of action against Defendant, DICK’S SPORTING GOODS, INC., arose from its continuous and systematic contacts with the State of Texas. 7. This Court has jurisdiction and venue is proper in Fort bend County, Texas pursuant to Tex. Civ. Prac. & Rem. Code §15.002(a)(1) and Tex. Ins. Code § 1952.110 in that all or a substantial part of the events or omissions giving rise to the claim occurred in Fort bend County, Texas. FACTS 8. On December 14, 2020, Plaintiff PEYMANEH eaena was riding a bike she purchased from DICK’S SPORTING GOODS, INC., when the brake gear failed to work causing her to fall. As a result of this incident, Plaintiff sustained serious personal injuries for which he had to seek the care of medical professionals. LIABILITY OF DEFENDANT DICK’S SPORTING GOODS, INC. 9. At the time and on the occasion in question, Defendant DICK’S SPORTING GOODS, INC., managed, maintained, occupied, controlled, leased, operated, and/or owned DICK’S SPORTING GOODS, INC., located at 24600 Katy Freeway, Suite 1100A, Katy, Texas 77494, In setting up and displaying the bicycle, Defendant and its employees failed to use ordinary care by various acts of omissions and/or commissions, including but not limited to the following, each of which singularly or in combination, was a proximate cause of the incident in question: A. In failing to properly assemble the bicycle; B Displaying and advertising the bicycle for sale without ensuring it was safe for consumer use; Cc. In failing to properly train and supervise its employees; D. Failing to inspect the bicycle for any defects after assembly; Failing to test the bicycle to ensure it was fit for its intended use; Advertising and selling products that are not safe for its intended purpose; Failure to comply with manufacturer’s specifications, i. In failing to warn others that a dangerous condition existed; and 1 In creating a hazard to others. 10. Such negligence, either singularly or in combination, proximately caused Plaintiff's injuries and resulting damages. ll. Nothing Plaintiff did or failed to do was a proximate or contributing cause of the incident made the basis of this suit. PROXIMATE CAUSE 14, Each and every, all and singular of the foregoing acts and omissions, on the part of Defendant, taken separately and/or collectively, constitute a direct and proximate cause of the injuries and damages set forth below. DAMAGES FOR PLAINTIFF PEYMANEH PASHA 15. As a direct and proximate result of the occurrence made the basis of this lawsuit and Defendant's acts as described herein, Plaintiff PEYMANEH PASHA was caused to suffer personal injuries and to endure anxiety, pain, and illness resulting in damages more fully set forth below: a. The physical pain and mental anguish sustained from the date of incident to the time of verdict herein; The physical pain and mental anguish which, in reasonable medical probability, will be suffered after the date of verdict herein; The reasonable and necessary costs of medical care and treatment, including doctors, hospitals, nurses, medicines, and other services and supplies from the date of the incident to the time of verdict herein; The reasonable and necessary costs of medical care and treatment, including doctors, hospitals, nurses, medicines, and other services and supplies, which, in reasonable probability will be incurred in the future after the date of verdict herein; Physical impairment which has been sustained, resulting in lessened use and/or movement of various parts of Plaintiff's body from the date of the incident to the date of verdict herein; and The physical impairment which, in reasonable probability, will be sustained to various parts of Plaintiff's body, resulting in lessened use and/or movement of 4 same in the future after the date of verdict herein. Physical disfigurement which has been sustained, resulting in lessened use and/or movement of various parts of Plaintiffs body from the date of the incident to the date of verdict herein; and The physical disfigurement which, in reasonable probability, will be sustained to various parts of Plaintiff's body, resulting in lessened use and/or movement of same in the future after the date of verdict herein. 16. By reason of the above, Plaintiff, PEYMANEH PASHA has suffered losses and damages in a sum within the jurisdictional limits of the Court and for which this lawsuit is brought. PRESERVING EVIDENCE 17. Plaintiff hereby requests and demands that Defendant preserves and maintains all evidence pertaining to any claim or defense related to the incident made the basis of this lawsuit or the damages resulting there from, including statements, photographs, videotapes, audiotapes, surveillance or security tapes or information, business or medical records, incident reports, tenant files, periodic reports, financial statements, bills, telephone call slips or records, estimates, invoices, checks, measurements, correspondence, facsimiles, email, voice mail, text messages, and evidence involving the incident in question, and any electronic image or information related to the referenced incident or damages. Failure to maintain such items will constitute “spoliation” of the evidence. NOTICE OF USE 18. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Defendant is hereby notified that Plaintiff intends to use all documents produced by