Preview
FILED
5/12/2023 5:41 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-23-04532
VICKIE ESPOSITO, [N THE DISTRICT COURT
§§§§§§§§§§§§§§§§§
Plaintlffi
v.
CLEANAIRE, INC.; CLEANAIR, LLC
d/b/a PAMLICO AIR; PAMLICO
AIR, LLC a/k/a MANN + HUMMEL; DALLAS COUNTY, TEXAS
PAMLICO AIR, INC. a/k/a MANN +
HUMMEL; RISE PROPERTIES,
LLC; MANN & HUMMEL, GmbH
d/b/a MANN + HUMMEL AIR
FILTRATION AMERICAS,
Defendants.
116th JUDICIAL DISTRICT
DEFENDANT’S NOTICE TO STATE COURT OF REMOVAL
On or about May 12, 2023, CleanAire, Inc. d/b/a Pamlico, Inc. filed its Notice of
Removal in the United States District Court for the Northern District of Texas, Dallas Division.
The Notice of Removal effects the removal, and the state court shall proceed no further unless
and until the case is remanded. 28 U.S.C. § 1446(d). The Notice of Removal is attached as
Exhibit “A.”
Defendant’s Notice to State Court ofRemoval Page 1
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03982.725
Respectfully submitted,
By: /s/ Daniel Buechler
Daniel Buechler
State Bar No. 24047756
dbuechler@thompsoncoe.com
214-871-8268
Matthew Alagha
State Bar No. 24094502
malagha@thompsoncoe.com
THOMPSON, COE, COUSINS & IRONS, L.L.P.
Plaza of the Americas, 700 N. Pearl Street
Twenty-Fifth Floor
Dallas, Texas 75201-2832
Telephone: 214-880-8200
Facsimile: 214-871-8209
ATTORNEYS FOR DEFENDANT
CLEANAIR, INC. d/b/a PAMLICO AIR, INC.
CERTIFICATE OF SERVICE
I certify a true and correct copy of this document was served upon the following counsel
of record in accordance with the Federal Rules of Civil Procedure on the 12th day of May, 2023:
I. Scott
Lidji Tanja K. Martini
Mary Jo R. Betzen The Martini Law Firm, PC
Carlos G. Galliani 10440 N. Central Expwy., Suite 1240
K. Gracie Everitt Dallas, Texas 75231
The Lidji Firm 214-753-4757
10440 N. Central Expressway, Suite 1240 Facsimile: 888-248-1734
Dallas, Texas 75231 tama@themartinilawfirm.com
1egal@thelidjifirm.com Attorney for Plaintiff
972-223-7455
Facsimile: 214-753-4751
Attorneys for Plaintiff
/s/ Daniel P. Buechler
Daniel P. Buechler
Defendant’s Notice to State Court ofRemoval Page 2
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Case 7:23-cv-00049—O Document 1 Filed 05/12/23 Page 1 of 6 PagelD 1
EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
VICKIE ESPOSITO,
§§§§§§§§§§§§§§§§
Plaintifi
v.
CLEANAIRE, INC.; CLEANAIR, LLC
PAMLICO AIR; PAMLICO AIR,
d/b/a
LLC a/k/a MANN + HUMMEL; CIVIL ACTION NO.
PAMLICO AIR, INC. a/k/a MANN +
HUMMEL; RISE PROPERTIES, LLC;
MANN & HUMlVIELL, GmbH dfl)/a
MANN + HUMMEL AIR FILTRATION
AMERICAS,
Defendants.
DEFENDANT CLEANAIRE, INC. d/b/a PAMLICO AIR, INC.’S (formerlv known as
CleanAir, LLC d/b/a Pamlico Air, LLC) NOTICE 0F REMOVAL
Defendant CleanAire, Inc. d/b/a Pamlico Air, Inc. (formerly known as CleanAir, LLC d/b/a
Pamlico Air, LLC) (“Defendant CleanAire, Inc.”) timely files this Notice of Removal, pursuant to
28 U.S.C. §§ 1441 (a), 1446(b), and 1332(a), removing this action from the 116th Judicial District
CouIt of Dallas County, Texas to the United States District Court for the Northern District of Texas,
Wichita Falls Division. In support thereof, Defendant CleanAire, Inc. shows the Court as follows:
I. Procedural Historv and Basis for Removal
1. Plaintifl‘ Vickie Esposito commenced this lawsuit on April 5, 2023, against
Defendants in the 116th District Court, Dallas County, Texas bearing cause number DC-23 -045 32
(the “State Court Action”).
2. On April 13, 2023, Defendant CleanAire, Inc. received notice of the lawsuit by
receiving a copy of Plaintiff ’s Original Petition (Exhibit “D”), and Defendant CleanAire, Inc. filed
Defendant CleanAire, Inc. d/b/a Pamlico Air, Inc. ’s Notice of Removal Page 1
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Case 7:23-cv-00049—O Document 1 Filed 05/12/23 Page 2 of 6 PagelD 2
EXHIBIT A
its Motion to Transfer Venue and Original Answer Subject Thereto in the State Court Action on
May 8, 2023.
3. Pursuant to 28 U.S.C. § 1446(b), this Notice of Removal is filed Within the thirty-
day statutory time period for removal.
4. Plaintiff seeks to recover damages in this lawsuit based on allegations of premises
liability and negligence. Plaintiff’s claims arise due to injuries allegedly sustained when she
tripped and fell while picking up filters at Defendant CleanAire, Inc.’s facility located at 2801
Production Boulevard in Wichita Falls, Wichita County, Texas.
5. Defendant CleanAire, Inc. files this Notice of Removal pursuant to 28 U.S.C.
§ 1441(b) which permits removal based on diversity jurisdiction and requests that this lawsuit be
removed to the United States District Court for the Northern District of Texas Wichita Falls
Division located at 1000 Lamar Street, Room 203, Wichita Falls, Texas 76301. Section 1332 sets
forth the factual predicates justifying the exercise of diversity jurisdiction. Those requirements
are: (i) complete diversity among the parties; and (ii) that the matter in controversy exceeds the
sum or value of $75,000, exclusive of interest and costs.
A. Jurisdiction
6. In a removal, “the burden of persuasion for establishing diversity jurisdiction is on
the party asserting it.” See Hertz Corp. v. Friend, 559 U.S. 77, 130 S. Ct. 1181, 175 L. Ed. 2d
1029 (2010). This Court has jurisdiction in this case pursuant to 28 U.S.C. § 1332 in that there is
complete diversity of citizenship between the parties and the amount in controversy exceeds
Defendant CleanAire, Inc. d/b/a Pamlico Air, Inc. ’s Notice of Removal Page 2
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EXHIBIT A
$75,000.001. Accordingly, statutory authority for the removal of this matter is conferred by
28 U.S.C. §§ 1441 and 1446.
7. Removal based on diversity of citizenship may only be effectuated if none of the
parties in interest properly joined and served as defendants is a citizen of the State in which the
action is brought. 28 U.S.C. § 1441.
8. Complete diversity under 28 U.S.C. § 1332 exists in this case. Plaintiff is a citizen
of the State ofArizona. Both at the time the lawsuit was originally filed, and at the time of removal,
Defendant CleanAire, Inc. was a Delaware corporation with its principal place of business in North
Carolina. Accordingly, Defendant CleanAire, Inc. is a citizen of the State of North Carolina for
diversity purposes. Therefore, complete diversity of citizenship exists. Further, there is no proof
that the remaining co-defendants named in the State Court Action have been properly joined and
served requiring them to join in the notice of removal or their consent to the removal. 28 U.S.C. §
1446(b)(2)(A).
9. In addition to diversity of citizenship, the amount in controversy meets the
minimum jurisdictional requirements under 28 U.S.C. § 1332. See Exhibit D, Plaintiff’s Original
Petition, 11 12. Plaintiff seeks damages in excess of $25 0,000.00 but not more than $1,000,000. Id.
B. Venue
10. Removal to this Court is made pursuant to 28 U.S.C. § l44l(e) because the state
court action was filed in this district, and while Plaintiff plead Dallas County as its choice of venue,
the proper state court venue is Wichita Countyz, which is located in the Wichita Falls Division.
1
See Exhibit D, Plaintiff’s Original Petition 1] 12 wherein Plaintiff seeks monetary relief over $250,000 but not more
than $1,000,000.
2
See Exhibit J, Motion to Transfer Venue and Original Answer Subject Thereto of Defendant CleanAire, Inc. d/b/a
Pamlico Air, Inc. (formerly known as CleanAir, LLC d/b/a Pamlico Air, LLC) 1H] 1.1-1.5.
Defendant CleanAire, Inc. d/b/a Pamlico Air, Inc. ’s Notice of Removal Page 3
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Case 7:23-cv-00049—O Document 1 Filed 05/12/23 Page 4 of 6 PagelD 4
EXHIBIT A
C. Removal Requirements
11. Contemporaneous with the filing of this Notice of Removal, Defendant CleanAire,
Inc. is filing a Notice of Filing Notice of Removal with the Clerk of Court for the 116th District
Court of Dallas County, Texas pursuant to 28 U.S.C. § 1446(d).
12. Attached hereto are all the documents required by 28 U.S.C. § 1446(a) and Local
Rules 81.1 of the United States District Court for the Northern District of Texas, including:
Exhibit A: Civil Cover Sheet
Exhibit B: Supplemental Cover Sheet
Exhibit C: Index of Documents Filed in State Court Action
Exhibit D: Plaintiff’s Original Petition
Exhibit E: Plaintiff’s Letter Dated April 14, 2023 Requesting Hague Convention
Citation for Defendant Mann + Hummel, GmbH d/b/a Mann + Hummel Air
Filtration Americas (Letter re: Citation Fee Paid)
Exhibit F: Executed Citation — Cleanair, LLC d/b/a Pamlico Air, LLC
Exhibit G: Executed Citation — CleanAire, Inc.
Exhibit H: Plaintiff’s Letter Dated April 18, 2023 Requesting Hague Convention
Citation for Defendant Mann + Hummel, GmbH d/b/a Mann + Hummel Air
Filtration Americas (USM-94 Form for Hague Citation Mann + Hummel In
Germany; Letter re: Request for Service Abroad of Judicial or Extrajudicial
Documents)
Exhibit I: Executed Citation — Pamlico Air, Inc. a/k/a Mann + Hummel
Exhibit J: Motion to Transfer Venue and Original Answer Subject Thereto of
Defendant CleanAire, Inc. d/b/a Pamlico Air, Inc. (formerly known as
CleanAir, LLC d/b/a Pamlico Air, LLC)
Exhibit K: State Court Docket Sheet
Exhibit L: Certificate of Interested Parties
Defendant CleanAire, Inc. d/b/a Pamlico Air, Inc. ’s Notice of Removal Page 4
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EXHIBIT A
Plaintiff requests a jury, and Defendant CleanAire, Inc. also requests a trial by jury pursuant
to FED. R. CIV. P. 81(c)(3)(A).
13. All fees required by law in connection with this Notice have been tendered and paid
by Defendant CleanAire, Inc.
H. Prayer
WHEREFORE, Defendant CleanAire, Inc. d/b/a Pamlico Air, Inc. hereby removes the
above-captioned matter, now pending in the 116th Judicial District Court of Dallas County, Texas,
to the United States District Court for the Northern District of Texas, Wichita Falls Division.
Respectfully submitted,
By: /s/ Daniel Buechler
Daniel Buechler
State Bar No. 24047756
dbuechler@thompsoncoe.com
214-871-8268
A. Matthew Alagha
State Bar No. 24094502
malagha@thompsoncoe.com
THOMPSON, COE, COUSINS & IRONS, L.L.P.
Plaza of the Americas, 700 N. Pearl Street
Twenty-Fifth Floor
Dallas, Texas 75201-2832
Telephone: 214-880-8200
Facsimile: 214-871-8209
ATTORNEYS FOR DEFENDANT
CLEANAIR, INC. d/b/a PAMLICO AIR, INC.
Defendant CleanAire, Inc. d/b/a Pamlico Air, Inc. ’s Notice of Removal Page 5
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Case 7:23-cv-00049—O Document 1 Filed 05/12/23 Page 6 of 6 PagelD 6
EXHIBIT A
CERTIFICATE OF SERVICE
I certify a true and correct copy of this document was served upon the following counsel
of record in accordance with the Federal Rules of Civil Procedure on the 12th day of May, 2023:
I. Scott Lidji Tanja K. Martini
J
Mary o R. Betzen The Martini Law Firm, PC
Carlos G. Galliani 10440 N. Central Expwy., Suite 1240
K. Gracie Everitt Dallas, Texas 75231
The Lidji Firm 214-753-4757
10440 N. Central Expressway, Suite 1240 Facsimile: 888-248-1734
Dallas, Texas 75231 tania@themartinilawfirm.com
lega1@thelidjifirm.com Attorney for Plaintifl
972-223-7455
Facsimile: 214-753-4751
Attorneys for Plaintiff
/s/ Daniel P. Buechler
Daniel P. Buechler
Defendant CleanAire, Inc. d/b/a Pamlico Air, Inc. ’s Notice of Removal Page 6
12420543v1
03982.725
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.
Cathy Schmitz on behalf of Daniel Buechler
Bar No. 24047756
cschmitz@thompsoncoe.com
Envelope ID: 75609785
Filing Code Description: Notice Of Removal To Federal Court
Filing Description: CASE: 7:23-CV-00049-O
Status as of 5/15/2023 9:37 AM CST
Associated Case Party: CLEANAIRE, INC.
Name BarNumber Email TimestampSubmitted Status
Daniel PBuechler dbuechler@thompsoncoe.com 5/12/2023 5:41 :58 PM SENT
Berlinda Jimenez bjimenez@thompsoncoe.com 5/12/2023 5:41:58 PM SENT
Christi Crafton ccrafton@thompsoncoe.com 5/12/2023 5:41:58 PM SENT
Matthew Alagha malag ha@thompsoncoe.com 5/12/2023 5:41:58 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Legal Lidji legal@thelidjifirm.com 5/12/2023 5:41 :58 PM SENT
Tanja Martini tanja@themartini|awfirm.com 5/12/2023 5:41:58 PM SENT
SCOTT LIDJI scott@thelidjifirm.com 5/12/2023 5:41:58 PM SENT