Preview
Cause No. 22-DCV-295746
ZUBEIDA LOHAR § IN THE DISTRICT COURT OF
VS. § FORT BEND COUNTY, TEXAS
WALMART INC. § 400° JUDICIAL DISTRICT
DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, DEFENDANT, WAL-MART STORES TEXAS, LLC, in the above-
entitled and numbered cause, and, on this date, September 29, 2022, files a 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
Federal ID No. 21280
Bryce Buchmann
State Bar No.: 24100443
Federal ID: 3783069
5615 Kirby Drive, Suite 900
Houston, Texas 77005
Telephone: (713) 626-1555
Facsimile: (713) 622-8077
jramirez.atty@bushramirez.com
bbuchmann.att bushramirez.com
ATTORNEYS FOR DEFENDANT
WAL-MART STORES TEXAS, LLC
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing
instrument was served on all counsel of record pursuant to the Texas Rules of Civil Procedure on
this the 29"" day of September 2022.
Abraham Garcia
KGL LAW GROUP
150 W. Parker Rd., Suite 705-B
Houston, Texas 77076
/s/ Bryce Buchmann
John A. Ramirez | Bryce Buchmann
Complaints and Other Initiating Documents
4:22-cv-03349
Lohar v. Wal-Mart Stores Texas, LLC
US. District Court
SOUTHERN DISTRICT OF TEXAS
Notice of Electronic Filing
The following transaction was entered by Ramirez, John on 9/29/2022 at 11:00 AM CDT and filed on 9/29/2022
Case Name: Lohar v. Wal-Mart Stores Texas, LLC
Case Number 4:22-cy-t 4:
Filer: Wal-Mart Stores Texas, LLC
Document Number: 1
Docket Text:
NOTICE OF REMOVAL from 400th District Court, Fort Bend, case number 22-DCV-295746 (Filing
fee $ 402 receipt number ATXSDC-28850779) filed by Wal-Mart Stores Texas, LLC. (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-03349 Notice has been electronically mailed to:
John A. Ramirez jramirez.atty@bushramirez.com, equattrucci@bushramirez.com, pchavis@bushramirez.com,
sburnett@bushramirez.com
Zubeida Lohar kgs@kgslawgroup.com
4:22-ev-03349 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_] = 1045387613 [Date=9/29/2022] [FileNumber=38426257-
0] [1777479a4360b5a9b62 | d34db777bf6637bI 1 e4 15453b50fcd6c4c5 1b81934047a
£809b28b134f067c2c8176dd6b8acb8be 1 42e3fc72da0359fc6307eS fl 342d]
Document description:Civil Cover Sheet Civil Cover Sheet
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1045387613 [Date=9/29/2022] [FileNumber=38426257-
1] [16eaca4£7£9 ffe20929c49907308820b3e588£3db6765984ce3
befcel 7b72e8bb9
acaab] 34ecfff83el3 17d78d4272fca797b£587bc4cd3e6a3caedf7f274558]]
Document description:Exhibit Plaintiff's Original Petition
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1045387613 [Date=9/29/2022] [FileNumber=38426257-
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d29eb73£49a79b8925fd83422462e3b98b5e0e] 88096 789afc7dca93£5 148b]]
Document description:Exhibit Original Answer (State Court)
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1045387613 [Date=9/29/2022] [FileNumber=38426257-
3] [6d9bb7b649908e34dbcf3901 1620e06£254639cc669e747ebffb2e0c9879a072e0
943d988bb 1 cee0al defl 061d0145732fbc85743fe943594e3c586e241351e5]]
Document description:Exhibit Jury Demand (State Court)
Original filename:n/a
Electronic document Stamp:
[ST AMP dcecfStamp_ID=1045387613 [Date=9/29/2022] [FileNumber=38426257-
4] [018b01875£33cf7d565e697£28e2daab2eeba28 | 1cb96632a69d00cef0e49d5d63
080544 16654dbdf99£7£b59c 1 6f538b0d2075c495e297bd50c5c5 1 2caf07}]
JS44 (Rev. 04/21) CIVIL COVER SHEET
‘The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, forexcept as
provided by local rules of court. This form, approved by the Judicial Conference the
of the United States in September 1974, is required for the use of the Clerk of Court
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Zubeida Lohar Wal-Mart Stores Texas, LLC
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S, PLAINTIFF CASES) (IN US. PLAINTIFF SES ONLY)
NOTE: IN LAND CONDEMNATION C. USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(¢) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (if Known)
Brandon Kinard, 150 W. Parker Rd., #705-B, Houston, John A. Ramirez, 5615 Kirby, #900, Houston, TX 77005;
TX 77076; (281) 962-7772; kgs@kgslaawgroup.com (713) 626-1555; jramirez.atty@bushramirez.com
Il. BASIS OF JURISDICTION (Place an “x”in One Box Only) I. CITIZENSHIP OF PRINCIPAL PARTIES (Placean °X" in One Bax for Plaintiff
& r Diversity Cases Only) and One Box for Defendant)
Oo USS. Government (3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of Th ate Oo 1 Incorporated or Principal Place
‘of Business In This State
Oa O+
US. Government E14 Diversi Citizen of Another State O2 2 Incorporated and Principal Place Os [x]s
Defendant (indi Citizenship of Parties in nem I) of Business In Another State
Citizen or Subject of a O3 3 For ig Nation Ole Os
Foreign Country
IV, NATURE OF SUIT (ptace 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 JURY
H
310 Airplane
315 Airplane Product
PERSONAL ID JURY — [_]625 Drug Related Seizure
(F365 Personal Injury -
Product Liability
of Property21 USC 881
[_]690 Other
H 422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
H 375 False Claims Act
376 Qui Tam (31 USC
372%a))
140 Negotiable Instrument Liability (C1367 Health Care/ INTELLECTUAL 400 State Reapportionment
(F150 Recovery of Overpayment |] 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS | 410 Antitrust
:
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
A 151 Medicare Act
152 Recovery of Defaulted
|] 330 Federal Employers’
Liability
Product Liability
368 Asbestos Personal
830 Patent
835 Patent - Abbreviated
450 Commerce
460 Deportation
Student Loans
(Excludes Veterans)
(11153 Recovery of Overpayment
H
340 Marine
345 Marine Product
Liability
Injury Product
PERSONAL. PROPERTY TABOR
New Drug Application
840 Trademark
880 Defend Trade Secrets
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
of Veteran’s Benefits
{JJ 160 Stockholders’ Suits
(J 190 Other Contract
H
350 Motor Vehicle
355 Motor Vehicle
370 Other Fraud
371 Truth in Lending
Product Liability
T10F Labor Standards
Act
[380 Other Personal [1720 Labor/Management
Act of 2016
SOCIAL SECURITY.
(15 USC 1681 or 1692)
485 Th phone Consumer
Protection Act
4 :
195 Contract Product Liability 360 Other Personal Property Damage Relatioi 861 HIA (13958) 490 Cable/Sat TV
196 Franchise Injury
362 Personal Injury ~
Medical Malpractice
[11385 Property Da ise
Product Liabi y H 740751 Railway Labor Act
Family and Medical
Leave Act
862 Black Lung (923)
863 DIWC/DIWW (405(g)) [__
864 SSID Title XVI
850 Si urities/Commodities!
nge
890 Othe atutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litig: n [_] 865 RSI (405(g)) 891 Agricultural Acts
[_]210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
[_] 220 Foreclosure 441 Voting [_] 463 Alicn Detainee Income Security Act FEDERAL TAX SUITS: 895 Freedom of Information
4
230 Rent Lease & Ejectment 142 Employment [_] 510 Motions to Vacate [J 870 Taxes (U.S. Plaintift ‘Act
240 Torts to Land
245 Tort Product Liability
(290 All Other Real Property
443 Housing/
Accommodations
[1445 Amer. w/Disabi
Sentence
[_] 530 General
-[] 535 Death Penalty IMMIGRATION
or Defendant)
([] 871 IRS—Third Party
26 USC 7609
H
896 Arbitration
899 Administrative Procedure
‘Act/Review or Appeal of
Employment Other: (462 Naturalization Application| Agency De i
|] 446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration [_] 950 Constitutionality of
Other 350 Civil Rights Actions State Statutes
7] 448 Education 5 Prison Condition
560 Civil Detainee -
Conditionsof
Confinement
V. ORIGIN (Place an “x” in One Box Only)
CI Original [z]2 Removed from 3 Remanded from 4 Rei stated or [7] 5 Trans' red from (© Muhtidistrict o 8 we idistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - ation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. Section 1332
VI. CAUSE OF ACTION Brief description of cause:
Plaintiff, Zubedia Lohar, claims she was injured when she slipped and fell at Walmart on 1/9/21.
VII. 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: ves EINo
VIII. RELATED CASE(S)
IF ANY instructions).
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
9/29/22 IsiJohn A. Ramirez
FOR OFFICE E ONLY
RECEIPT # AMOUNT APPLYING IFP JuDGI MAG. JUDGE
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ZUBEIDA LOHAR
§ CIVIL ACTION NO.
VS. §
WAL-MART STORES TEXAS, LLC § DEFENDANT DEMANDS A JURY
NOTICE OF REMOVAL
TO THE HONORABLE UNITED STATES DISTRICT COURT:
COMES NOW, DEFENDANT WAL-MART STORES TEXAS, LLC, incorrectly named
by Plaintiff as “Walmart, Inc.,” and files this Notice of Removal, pursuant to 28 U.S.C. §§ 1441
and 1446, removing the above-captioned case to the United States District Court for the Southern
District of Texas, Houston Division. The grounds for removal are as follows:
I
RELEVANT FACTS
1 Plaintiff Zubeida Lohar claims she fell in the parking lot of Walmart store no. 2993
in Sugar Land, Texas on January 9, 2021. See PI.’s Orig. Pet. (Ex. A) at Pg. 2. Plaintiff asserts
claims of premises liability and negligence against Walmart. Jd. at Pg. 2-3. Plaintiff's lawsuit
expressly alleges that she is seeking damages between $250,000 and $1,000,000. Jd. at Pg. 3.
2 Plaintiff served Walmart with her Original Petition on September 15, 2022. Ex. A.
Il.
THE PARTIES
a Plaintiff pleaded that she is an individual residing in Fort Bend County, Texas. Ex.
A at Pg. 1. As such, Plaintiff is a citizen of the State of Texas.
4. Although corporations are citizens of the state in which they are incorporated,
partnerships and other unincorporated entities are citizens of all states in which its partners or
members are citizens. Grupo Dataflux v. Atlas Global Group, L.P., 541 U.S. 567, 569 (2004).
Wal-Mart Stores, Inc. is a Delaware corporation with its principal place of business in Arkansas.
5 The citizenship of the parties as alleged above existed at the time the underlying
action was commenced and remains unchanged at the time of removal.
Til.
BASIS FOR REMOVAL
6 Defendant removes this case to federal court because there is complete diversity of
citizenship between the parties and the amount in controversy is greater than $75,000, exclusive
of interest and costs. 28 U.S.C. § 1332(a).
A. There is complete diversity of citizenship.
7 As set forth, supra, Plaintiff is a citizen of the State of Texas and Defendant is
composed of companies organized under the laws of Delaware and Arkansas, with its principal
place of business in the State of Arkansas. None of Defendant’s partners or members are citizens
of the State of Texas. As such, Defendant has met its burden of establishing that diversity of
citizenship exists between the parties.
B. The amount in controversy requirement is met.
8 A removing party may establish that the amount in controversy exceeds $75,000
by showing the non-removing party explicitly sought damages over $75,000. Gebbia v. Wal-Mart
Stores, Inc., 233 F.3d 880, 881 (5th Cir. 2000). Here, Plaintiff's lawsuit expressly pleaded that she
seeks monetary relief from this lawsuit between $250,000 and $1,000,000. Ex. A at Pg. 3.
C. This removal is timely, and venue is proper.
9 This Notice of Removal is being filed within 30 days of service of Plaintiff's
lawsuit on Defendant, and within one year of the commencement of this action. It is therefore
timely. Venue is proper in this District under 28 U.S.C. § 1441(a) because the state court where
the action is pending is in this District.
D. Procedural requirements for removal are satisfied.
10. Upon filing of this Notice of Removal of the cause, Defendant gave written notice
of the filing to Plaintiff and his counsel as required by law. A copy of this Notice is also being
filed with the Clerk of the 400th District Court of Fort Bend County, Texas, where this cause was
originally filed. A copy of all processes, pleadings, and orders has been filed separately with this
Court pursuant to 28 U.S.C. § 1446(a).
IV.
CONCLUSION AND PRAYER
Based on the foregoing, Defendant has established that the amount in controversy exceeds
$75,000.00, and that diversity of citizenship exists between the parties in this case. Therefore,
removal is proper.
Respectfully submitted,
BUSH & RAMIREZ, PLLC
/s/ Bryce Buchmann
John A. Ramirez
Attorney in Charge
TBN: 00798450
Federal ID: 21280
Bryce Buchmann
TBN: 24100443
Federal ID: 3783069
5615 Kirby Drive, Suite 900
Houston, Texas 77005
(713) 626-1555 Telephone
(713) 622-8077 Telecopier
jramirez.atty@bushramirez.com
bbuchmann.atty@bushramirez.com
ATTORNEYS FOR DEFENDANT
WAL-MART STORES TEXAS, LLC
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 RULES OF CIVIL PROCEDURE on this the 29th day of
September 2022.
Brandon A. Kinard
Abraham Garcia
Carlos A. Saldafia
150 W. Parker Rd., Suite 705-B
Houston, Texas 77076
/s/ Bryce Buchmann
John A. Ramirez | Bryce Buchmann
Filed
8/5/2022 9:40 AM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Erica Rodriguez
22-DCV-295746
CAUSE NO.
ZUBEIDA LOHAR IN THE DISTRICT COURT OF
Plaintiff
vs. FORT BEND COUNTY, TEXAS
Fort Bend County - 400th Judicial District Court
WALMART INC.
Defendant JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
NOW COMES, Plaintiff, ZUBEIDA LOHAR, and files this Original Petition against
defendant, WALMART INC., and for cause would respectfully show the following:
1. DISCOVERY CONTROL PLAN LEVEL
1 Pursuant to Texas Rule of Civil Procedure 190.1, discovery level II. Plaintiff
affirmatively plead that this case is, on its facts, not appropriate for prosecution under the
expedited actions process under Texas Rule of Civil Procedure 169.
II. PARTIES AND SERVICE
2 Plaintiff, ZUBEIDA LOHAR is an individual residing at 13730 Drakewood Drive
Sugarland, Texas 77498 in Fort Bend County, Texas.
3 Defendants, WALMART INC., is a Texas corporation and may be served with process
with their registered agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas
75201-3136, or wherever they may be found.
II. JURISDICTION AND VENUE
4 The subject matter in controversy is within the jurisdictional limits of this court.
5 This court has jurisdiction over Defendants because they are Texas entities.
EXHIBIT A
6. Venue is proper in Fort Bend County, Texas; pursuant to Section 15.002 (s) (1) of the
Texas Civil Practice and Remedies Code because all or a substantial part of the events or
omissions occurred in this county.
IV. FACTS
7. On or about January 9, 2021, Plaintiff was an invitee on Defendant’s premises. Plaintiff
was on an ordinary trip with her husband and six-year-old grandson. After finishing the grocery
shopping, Plaintiff walked through the parking lot with her six-year-old grandson; meanwhile
Mr. Lohar was operating a cart in a reasonable and prudent manner, exercising care for her
safety, and the safety of others. The incident occurred when a vehicle was driving through the
parking lot at an abnormal speed. Plaintiff moved to the left alongside with her family to move
out of the way and unexpectedly slipped on some old fast-food packaging that was left ina
disabled parking space. Plaintiff struck her head on the vehicle in front of her, fell, and landed
onto her left elbow, breaking her elbow as a result. The parking lot posed a dangerous condition.
Defendant had actual and/or constructive knowledge of the dangerous condition. Defendant
failed to warn Plaintiff of the condition or make the condition safe in the first place by not
upkeeping the parking lot. Defendant was in the best position to eliminate and/or warn of this
unreasonably dangerous condition. Defendant’s breach of its duty proximately caused Plaintiff's
injuries.
V. PLAINTIFF’S CLAIM OF NEGLIGENCE AGAINST DEFENDANT
8. At the time of the accident, Defendant negligently failed to maintain their premises in a
safe and reasonable manner. Defendant had a duty to exercise ordinary care and reasonably and
prudently maintain their premises safe for all people on the property. Defendant breached that
duty in one or more way, each of which singularly or in combination with others was the
proximate cause of the occurrence in question.
9 In addition, Defendants do not have in place policies or procedures that require, instruct,
or direct it employees in making the premises reasonably safe. If such policies or procedures
exist, then Defendants failed to enforce them. Defendants failed to train their employees in
making the premises safe. And Defendants further failed to properly and adequately supervise
and oversee its premises so as to prevent occurrences such as this one.
VI. PLAINTIFF’S CLAIM OF PREMISES LIABILITY AGAINST DEFENDANT
10. The Defendant had a duty to exercise the ordinary care of a premises operator and
landlord to business invitees, i.e., the Plaintiff. The Defendant failed to make their premises safe
for everyone entering the premises, including guests, invitees, and patrons. Defendant had actual
and/or construction knowledge of this condition and failed to make safe or warn Plaintiff of the
dangerous condition posed on Defendant’s floor. This condition was not open or obvious, and
Defendant was in the best position to make the condition safe.
VII. DAMAGES FOR PLAINTIFF
IL. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiffs
ZUBEIDA LOHAR, was caused to suffer serious bodily injuries, and to incur the following
damages for which Plaintiffs seeks monetary relief of over $250,000.00 but not more than
$1,000,000.00:
A Reasonable medical care and expenses in the past. These expenses were incurred
by Plaintiffs, ZUBEIDA LOHAR for the necessary care and treatment of the
injuries resulting from the accident and/or the aggravation of prior injuries and
such charges are reasonable and were usual and customary charges for such
services in Fort Bend County, Texas;
Reasonable and necessary medical care and expenses, which will in all reasonable
probability be incurred in the future;
Physical pain and suffering in the past;
Physical pain and suffering in the future;
Physical impairment sustained in the past;
Physical impairment sustained in the future;
Loss of earnings in the past;
Loss of earning capacity which will, in all probability, be incurred in the future;
Mental anguish in the past; and
Mental anguish in the future.
VIII. REQUIRED DISCLOSURE
12. Pursuant to Texas Rule of Civil Procedure 194(a), each Defendant is required to
disclose, within thirty (30) days of the filing of the first answer, the information or material
described in Rule 194.2(b)I-12. Any Defendant that is served or otherwise joined after the filing
of the first answer must make their initial disclosures within thirty (30) days after being served or
joined.
X. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, ZUBEIDA LOHAR,
respectfully pray that the Defendant be cited to appear and answer herein, and that upon a final
hearing of the cause, judgment be entered for the Plaintiff and against Defendant for damages in
an amount within the jurisdictional limits of the Court; together with pre-judgment interest (from
the date of injury through the date of judgment) at the maximum rate allowed by law; post-
judgment interest at the legal rate, costs of court; and such other and further relief to which the
Plaintiffs may be entitled at law or in equity.
Respectfully Submitted,
KGS LAW GROUP
By: \si\ Abraham Gancia
Brandon A. Kinard
State Bar No. 24079744
Abraham Garcia
State Bar No. 24078005
Carlos A. Saldafia
State Bar No. 24086403
150 W Parker Rd, Suite 705-B
Houston, Texas 77076
Telephone No. (281) 962-7772
Facsimile No. (281) 962-7773
E-Service and Correspondence Email: kes@kgslawgroup.com
ATTORNEY FOR PLAINTIFF
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.
BRANDON KINARD on behalf of ABRAHAM GARCIA
Bar No. 24078005
KGS@KGSLAWGROUP.COM
Envelope ID: 66999403
Status as of 8/5/2022 11:32 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
ABRAHAM GARCIA KGS@KGSLAWGROUP.COM 8/5/2022 9:40:01 AM SENT
Preview
Cause No. 22-DCV-295746 ZUBEIDA LOHAR § IN THE DISTRICT COURT OF VS. § FORT BEND COUNTY, TEXAS WALMART INC. § 400° JUDICIAL DISTRICT DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, DEFENDANT, WAL-MART STORES TEXAS, LLC, in the above- entitled and numbered cause, and, on this date, September 29, 2022, files a 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 Federal ID No. 21280 Bryce Buchmann State Bar No.: 24100443 Federal ID: 3783069 5615 Kirby Drive, Suite 900 Houston, Texas 77005 Telephone: (713) 626-1555 Facsimile: (713) 622-8077 jramirez.atty@bushramirez.com bbuchmann.att bushramirez.com ATTORNEYS FOR DEFENDANT WAL-MART STORES TEXAS, LLC CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing instrument was served on all counsel of record pursuant to the Texas Rules of Civil Procedure on this the 29"" day of September 2022. Abraham Garcia KGL LAW GROUP 150 W. Parker Rd., Suite 705-B Houston, Texas 77076 /s/ Bryce Buchmann John A. Ramirez | Bryce Buchmann Complaints and Other Initiating Documents 4:22-cv-03349 Lohar v. Wal-Mart Stores Texas, LLC US. District Court SOUTHERN DISTRICT OF TEXAS Notice of Electronic Filing The following transaction was entered by Ramirez, John on 9/29/2022 at 11:00 AM CDT and filed on 9/29/2022 Case Name: Lohar v. Wal-Mart Stores Texas, LLC Case Number 4:22-cy-t 4: Filer: Wal-Mart Stores Texas, LLC Document Number: 1 Docket Text: NOTICE OF REMOVAL from 400th District Court, Fort Bend, case number 22-DCV-295746 (Filing fee $ 402 receipt number ATXSDC-28850779) filed by Wal-Mart Stores Texas, LLC. (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-03349 Notice has been electronically mailed to: John A. Ramirez jramirez.atty@bushramirez.com, equattrucci@bushramirez.com, pchavis@bushramirez.com, sburnett@bushramirez.com Zubeida Lohar kgs@kgslawgroup.com 4:22-ev-03349 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_] = 1045387613 [Date=9/29/2022] [FileNumber=38426257- 0] [1777479a4360b5a9b62 | d34db777bf6637bI 1 e4 15453b50fcd6c4c5 1b81934047a £809b28b134f067c2c8176dd6b8acb8be 1 42e3fc72da0359fc6307eS fl 342d] Document description:Civil Cover Sheet Civil Cover Sheet Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1045387613 [Date=9/29/2022] [FileNumber=38426257- 1] [16eaca4£7£9 ffe20929c49907308820b3e588£3db6765984ce3 befcel 7b72e8bb9 acaab] 34ecfff83el3 17d78d4272fca797b£587bc4cd3e6a3caedf7f274558]] Document description:Exhibit Plaintiff's Original Petition Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1045387613 [Date=9/29/2022] [FileNumber=38426257- 2] [834c7dc3e2035857f209be9 feec64b3d5e68a563 £4837 | 6320d9ce9d2a3 142edf d29eb73£49a79b8925fd83422462e3b98b5e0e] 88096 789afc7dca93£5 148b]] Document description:Exhibit Original Answer (State Court) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1045387613 [Date=9/29/2022] [FileNumber=38426257- 3] [6d9bb7b649908e34dbcf3901 1620e06£254639cc669e747ebffb2e0c9879a072e0 943d988bb 1 cee0al defl 061d0145732fbc85743fe943594e3c586e241351e5]] Document description:Exhibit Jury Demand (State Court) Original filename:n/a Electronic document Stamp: [ST AMP dcecfStamp_ID=1045387613 [Date=9/29/2022] [FileNumber=38426257- 4] [018b01875£33cf7d565e697£28e2daab2eeba28 | 1cb96632a69d00cef0e49d5d63 080544 16654dbdf99£7£b59c 1 6f538b0d2075c495e297bd50c5c5 1 2caf07}] JS44 (Rev. 04/21) CIVIL COVER SHEET ‘The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, forexcept as provided by local rules of court. This form, approved by the Judicial Conference the of the United States in September 1974, is required for the use of the Clerk of Court purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS Zubeida Lohar Wal-Mart Stores Texas, LLC (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S, PLAINTIFF CASES) (IN US. PLAINTIFF SES ONLY) NOTE: IN LAND CONDEMNATION C. USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (¢) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (if Known) Brandon Kinard, 150 W. Parker Rd., #705-B, Houston, John A. Ramirez, 5615 Kirby, #900, Houston, TX 77005; TX 77076; (281) 962-7772; kgs@kgslaawgroup.com (713) 626-1555; jramirez.atty@bushramirez.com Il. BASIS OF JURISDICTION (Place an “x”in One Box Only) I. CITIZENSHIP OF PRINCIPAL PARTIES (Placean °X" in One Bax for Plaintiff & r Diversity Cases Only) and One Box for Defendant) Oo USS. Government (3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of Th ate Oo 1 Incorporated or Principal Place ‘of Business In This State Oa O+ US. Government E14 Diversi Citizen of Another State O2 2 Incorporated and Principal Place Os [x]s Defendant (indi Citizenship of Parties in nem I) of Business In Another State Citizen or Subject of a O3 3 For ig Nation Ole Os Foreign Country IV, NATURE OF SUIT (ptace 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 JURY H 310 Airplane 315 Airplane Product PERSONAL ID JURY — [_]625 Drug Related Seizure (F365 Personal Injury - Product Liability of Property21 USC 881 [_]690 Other H 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 H 375 False Claims Act 376 Qui Tam (31 USC 372%a)) 140 Negotiable Instrument Liability (C1367 Health Care/ INTELLECTUAL 400 State Reapportionment (F150 Recovery of Overpayment |] 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS | 410 Antitrust : & Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking A 151 Medicare Act 152 Recovery of Defaulted |] 330 Federal Employers’ Liability Product Liability 368 Asbestos Personal 830 Patent 835 Patent - Abbreviated 450 Commerce 460 Deportation Student Loans (Excludes Veterans) (11153 Recovery of Overpayment H 340 Marine 345 Marine Product Liability Injury Product PERSONAL. PROPERTY TABOR New Drug Application 840 Trademark 880 Defend Trade Secrets 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit of Veteran’s Benefits {JJ 160 Stockholders’ Suits (J 190 Other Contract H 350 Motor Vehicle 355 Motor Vehicle 370 Other Fraud 371 Truth in Lending Product Liability T10F Labor Standards Act [380 Other Personal [1720 Labor/Management Act of 2016 SOCIAL SECURITY. (15 USC 1681 or 1692) 485 Th phone Consumer Protection Act 4 : 195 Contract Product Liability 360 Other Personal Property Damage Relatioi 861 HIA (13958) 490 Cable/Sat TV 196 Franchise Injury 362 Personal Injury ~ Medical Malpractice [11385 Property Da ise Product Liabi y H 740751 Railway Labor Act Family and Medical Leave Act 862 Black Lung (923) 863 DIWC/DIWW (405(g)) [__ 864 SSID Title XVI 850 Si urities/Commodities! nge 890 Othe atutory Actions REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litig: n [_] 865 RSI (405(g)) 891 Agricultural Acts [_]210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters [_] 220 Foreclosure 441 Voting [_] 463 Alicn Detainee Income Security Act FEDERAL TAX SUITS: 895 Freedom of Information 4 230 Rent Lease & Ejectment 142 Employment [_] 510 Motions to Vacate [J 870 Taxes (U.S. Plaintift ‘Act 240 Torts to Land 245 Tort Product Liability (290 All Other Real Property 443 Housing/ Accommodations [1445 Amer. w/Disabi Sentence [_] 530 General -[] 535 Death Penalty IMMIGRATION or Defendant) ([] 871 IRS—Third Party 26 USC 7609 H 896 Arbitration 899 Administrative Procedure ‘Act/Review or Appeal of Employment Other: (462 Naturalization Application| Agency De i |] 446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration [_] 950 Constitutionality of Other 350 Civil Rights Actions State Statutes 7] 448 Education 5 Prison Condition 560 Civil Detainee - Conditionsof Confinement V. ORIGIN (Place an “x” in One Box Only) CI Original [z]2 Removed from 3 Remanded from 4 Rei stated or [7] 5 Trans' red from (© Muhtidistrict o 8 we idistrict Proceeding State Court Appellate Court Reopened Another District Litigation - ation - (specify) Transfer Direct File Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 28 U.S.C. Section 1332 VI. CAUSE OF ACTION Brief description of cause: Plaintiff, Zubedia Lohar, claims she was injured when she slipped and fell at Walmart on 1/9/21. VII. 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: ves EINo VIII. RELATED CASE(S) IF ANY instructions). JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD 9/29/22 IsiJohn A. Ramirez FOR OFFICE E ONLY RECEIPT # AMOUNT APPLYING IFP JuDGI MAG. JUDGE IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ZUBEIDA LOHAR § CIVIL ACTION NO. VS. § WAL-MART STORES TEXAS, LLC § DEFENDANT DEMANDS A JURY NOTICE OF REMOVAL TO THE HONORABLE UNITED STATES DISTRICT COURT: COMES NOW, DEFENDANT WAL-MART STORES TEXAS, LLC, incorrectly named by Plaintiff as “Walmart, Inc.,” and files this Notice of Removal, pursuant to 28 U.S.C. §§ 1441 and 1446, removing the above-captioned case to the United States District Court for the Southern District of Texas, Houston Division. The grounds for removal are as follows: I RELEVANT FACTS 1 Plaintiff Zubeida Lohar claims she fell in the parking lot of Walmart store no. 2993 in Sugar Land, Texas on January 9, 2021. See PI.’s Orig. Pet. (Ex. A) at Pg. 2. Plaintiff asserts claims of premises liability and negligence against Walmart. Jd. at Pg. 2-3. Plaintiff's lawsuit expressly alleges that she is seeking damages between $250,000 and $1,000,000. Jd. at Pg. 3. 2 Plaintiff served Walmart with her Original Petition on September 15, 2022. Ex. A. Il. THE PARTIES a Plaintiff pleaded that she is an individual residing in Fort Bend County, Texas. Ex. A at Pg. 1. As such, Plaintiff is a citizen of the State of Texas. 4. Although corporations are citizens of the state in which they are incorporated, partnerships and other unincorporated entities are citizens of all states in which its partners or members are citizens. Grupo Dataflux v. Atlas Global Group, L.P., 541 U.S. 567, 569 (2004). Wal-Mart Stores, Inc. is a Delaware corporation with its principal place of business in Arkansas. 5 The citizenship of the parties as alleged above existed at the time the underlying action was commenced and remains unchanged at the time of removal. Til. BASIS FOR REMOVAL 6 Defendant removes this case to federal court because there is complete diversity of citizenship between the parties and the amount in controversy is greater than $75,000, exclusive of interest and costs. 28 U.S.C. § 1332(a). A. There is complete diversity of citizenship. 7 As set forth, supra, Plaintiff is a citizen of the State of Texas and Defendant is composed of companies organized under the laws of Delaware and Arkansas, with its principal place of business in the State of Arkansas. None of Defendant’s partners or members are citizens of the State of Texas. As such, Defendant has met its burden of establishing that diversity of citizenship exists between the parties. B. The amount in controversy requirement is met. 8 A removing party may establish that the amount in controversy exceeds $75,000 by showing the non-removing party explicitly sought damages over $75,000. Gebbia v. Wal-Mart Stores, Inc., 233 F.3d 880, 881 (5th Cir. 2000). Here, Plaintiff's lawsuit expressly pleaded that she seeks monetary relief from this lawsuit between $250,000 and $1,000,000. Ex. A at Pg. 3. C. This removal is timely, and venue is proper. 9 This Notice of Removal is being filed within 30 days of service of Plaintiff's lawsuit on Defendant, and within one year of the commencement of this action. It is therefore timely. Venue is proper in this District under 28 U.S.C. § 1441(a) because the state court where the action is pending is in this District. D. Procedural requirements for removal are satisfied. 10. Upon filing of this Notice of Removal of the cause, Defendant gave written notice of the filing to Plaintiff and his counsel as required by law. A copy of this Notice is also being filed with the Clerk of the 400th District Court of Fort Bend County, Texas, where this cause was originally filed. A copy of all processes, pleadings, and orders has been filed separately with this Court pursuant to 28 U.S.C. § 1446(a). IV. CONCLUSION AND PRAYER Based on the foregoing, Defendant has established that the amount in controversy exceeds $75,000.00, and that diversity of citizenship exists between the parties in this case. Therefore, removal is proper. Respectfully submitted, BUSH & RAMIREZ, PLLC /s/ Bryce Buchmann John A. Ramirez Attorney in Charge TBN: 00798450 Federal ID: 21280 Bryce Buchmann TBN: 24100443 Federal ID: 3783069 5615 Kirby Drive, Suite 900 Houston, Texas 77005 (713) 626-1555 Telephone (713) 622-8077 Telecopier jramirez.atty@bushramirez.com bbuchmann.atty@bushramirez.com ATTORNEYS FOR DEFENDANT WAL-MART STORES TEXAS, LLC 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 RULES OF CIVIL PROCEDURE on this the 29th day of September 2022. Brandon A. Kinard Abraham Garcia Carlos A. Saldafia 150 W. Parker Rd., Suite 705-B Houston, Texas 77076 /s/ Bryce Buchmann John A. Ramirez | Bryce Buchmann Filed 8/5/2022 9:40 AM Beverley McGrew Walker District Clerk Fort Bend County, Texas Erica Rodriguez 22-DCV-295746 CAUSE NO. ZUBEIDA LOHAR IN THE DISTRICT COURT OF Plaintiff vs. FORT BEND COUNTY, TEXAS Fort Bend County - 400th Judicial District Court WALMART INC. Defendant JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION NOW COMES, Plaintiff, ZUBEIDA LOHAR, and files this Original Petition against defendant, WALMART INC., and for cause would respectfully show the following: 1. DISCOVERY CONTROL PLAN LEVEL 1 Pursuant to Texas Rule of Civil Procedure 190.1, discovery level II. Plaintiff affirmatively plead that this case is, on its facts, not appropriate for prosecution under the expedited actions process under Texas Rule of Civil Procedure 169. II. PARTIES AND SERVICE 2 Plaintiff, ZUBEIDA LOHAR is an individual residing at 13730 Drakewood Drive Sugarland, Texas 77498 in Fort Bend County, Texas. 3 Defendants, WALMART INC., is a Texas corporation and may be served with process with their registered agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136, or wherever they may be found. II. JURISDICTION AND VENUE 4 The subject matter in controversy is within the jurisdictional limits of this court. 5 This court has jurisdiction over Defendants because they are Texas entities. EXHIBIT A 6. Venue is proper in Fort Bend County, Texas; pursuant to Section 15.002 (s) (1) of the Texas Civil Practice and Remedies Code because all or a substantial part of the events or omissions occurred in this county. IV. FACTS 7. On or about January 9, 2021, Plaintiff was an invitee on Defendant’s premises. Plaintiff was on an ordinary trip with her husband and six-year-old grandson. After finishing the grocery shopping, Plaintiff walked through the parking lot with her six-year-old grandson; meanwhile Mr. Lohar was operating a cart in a reasonable and prudent manner, exercising care for her safety, and the safety of others. The incident occurred when a vehicle was driving through the parking lot at an abnormal speed. Plaintiff moved to the left alongside with her family to move out of the way and unexpectedly slipped on some old fast-food packaging that was left ina disabled parking space. Plaintiff struck her head on the vehicle in front of her, fell, and landed onto her left elbow, breaking her elbow as a result. The parking lot posed a dangerous condition. Defendant had actual and/or constructive knowledge of the dangerous condition. Defendant failed to warn Plaintiff of the condition or make the condition safe in the first place by not upkeeping the parking lot. Defendant was in the best position to eliminate and/or warn of this unreasonably dangerous condition. Defendant’s breach of its duty proximately caused Plaintiff's injuries. V. PLAINTIFF’S CLAIM OF NEGLIGENCE AGAINST DEFENDANT 8. At the time of the accident, Defendant negligently failed to maintain their premises in a safe and reasonable manner. Defendant had a duty to exercise ordinary care and reasonably and prudently maintain their premises safe for all people on the property. Defendant breached that duty in one or more way, each of which singularly or in combination with others was the proximate cause of the occurrence in question. 9 In addition, Defendants do not have in place policies or procedures that require, instruct, or direct it employees in making the premises reasonably safe. If such policies or procedures exist, then Defendants failed to enforce them. Defendants failed to train their employees in making the premises safe. And Defendants further failed to properly and adequately supervise and oversee its premises so as to prevent occurrences such as this one. VI. PLAINTIFF’S CLAIM OF PREMISES LIABILITY AGAINST DEFENDANT 10. The Defendant had a duty to exercise the ordinary care of a premises operator and landlord to business invitees, i.e., the Plaintiff. The Defendant failed to make their premises safe for everyone entering the premises, including guests, invitees, and patrons. Defendant had actual and/or construction knowledge of this condition and failed to make safe or warn Plaintiff of the dangerous condition posed on Defendant’s floor. This condition was not open or obvious, and Defendant was in the best position to make the condition safe. VII. DAMAGES FOR PLAINTIFF IL. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiffs ZUBEIDA LOHAR, was caused to suffer serious bodily injuries, and to incur the following damages for which Plaintiffs seeks monetary relief of over $250,000.00 but not more than $1,000,000.00: A Reasonable medical care and expenses in the past. These expenses were incurred by Plaintiffs, ZUBEIDA LOHAR for the necessary care and treatment of the injuries resulting from the accident and/or the aggravation of prior injuries and such charges are reasonable and were usual and customary charges for such services in Fort Bend County, Texas; Reasonable and necessary medical care and expenses, which will in all reasonable probability be incurred in the future; Physical pain and suffering in the past; Physical pain and suffering in the future; Physical impairment sustained in the past; Physical impairment sustained in the future; Loss of earnings in the past; Loss of earning capacity which will, in all probability, be incurred in the future; Mental anguish in the past; and Mental anguish in the future. VIII. REQUIRED DISCLOSURE 12. Pursuant to Texas Rule of Civil Procedure 194(a), each Defendant is required to disclose, within thirty (30) days of the filing of the first answer, the information or material described in Rule 194.2(b)I-12. Any Defendant that is served or otherwise joined after the filing of the first answer must make their initial disclosures within thirty (30) days after being served or joined. X. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, ZUBEIDA LOHAR, respectfully pray that the Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff and against Defendant for damages in an amount within the jurisdictional limits of the Court; together with pre-judgment interest (from the date of injury through the date of judgment) at the maximum rate allowed by law; post- judgment interest at the legal rate, costs of court; and such other and further relief to which the Plaintiffs may be entitled at law or in equity. Respectfully Submitted, KGS LAW GROUP By: \si\ Abraham Gancia Brandon A. Kinard State Bar No. 24079744 Abraham Garcia State Bar No. 24078005 Carlos A. Saldafia State Bar No. 24086403 150 W Parker Rd, Suite 705-B Houston, Texas 77076 Telephone No. (281) 962-7772 Facsimile No. (281) 962-7773 E-Service and Correspondence Email: kes@kgslawgroup.com ATTORNEY FOR PLAINTIFF 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. BRANDON KINARD on behalf of ABRAHAM GARCIA Bar No. 24078005 KGS@KGSLAWGROUP.COM Envelope ID: 66999403 Status as of 8/5/2022 11:32 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status ABRAHAM GARCIA KGS@KGSLAWGROUP.COM 8/5/2022 9:40:01 AM SENT