Party Notice: CHRISTOPHER JOHNSON vs. RUSSELL TAYLOR, et al

On May 19, 2023 a Party Notice was filed involving a dispute between Johnson, Christopher, and Long, Mary, Long, Timothy, Smith Transportation, Smith Transportation Inc, Taylor, Russell, for MOTOR VEHICLE ACCIDENT in the District Court of Dallas County.

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FILED
8/22/2023 10:19 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Terri Kilgore DEPUTY

CAUSE NO. DC-23-06508

CHRISTOPHER JOHNSON, § IN THE DISTRICT COURT OF
§
Plaintifﬁ §
§
V. §
§ DALLAS COUNTY, TEXAS
§
RUSSELL TAYLOR, MARY LONG, §
TIM LONG, AND SMITH §
TRANSPORTATION, INC., § 68TH JUDICIAL DISTRICT
Defendants §

DEFENDANTS RUSSELL TAYLOR, MARY LONG, TIM LONG, AND
SMITH TRANSPORTATION, INC.’S NOTICE OF REMOVAL

TO THE HONORABLE JUDGE OF SAID COURT;

Defendants Russell Taylor, Mary Long, Tim Long, and Smith Transportation, Inc.

(collectively, “Defendants”) on this day, August 22 2023, ﬁles a Notice of Removal, a copy of which

is attached herewith, to remove the civil action styled Cause No. DC-23-06508; Christopher Johnson

v. Russell Taylor, Mary Long, Tim Long, and Smith Transportation, Inc., from the 68th Judicial

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

Dallas Division. Defendants ﬁle this Notiﬁcation of Removal pursuant to 28 U.S.C.A. § 1446(d), and

pursuant thereto, this Court shall proceed no further in this matter unless and until the case is remanded.

[Signature on Following Page]

DEFENDANTS RUSSELL TAYLO MARY LONG TIM LONG AND SMITH TRANSPORTATION INC.’S NOTICE 0F
REMOVALREMOVAL — PAGE 1
Respectfully submitted,

LOPEZ LAW GROUP, PLLC

By
BRIAN CTOPEZ
State Bar No. 24029693
brian@lopezlit.com
STEPHANIE A. STEELE
State Bar No. 24132371
stephanie@lopezlit.com
LINDSAY N. ANDREWS
State Bar No. 24134693
1indsay@lopezlit.com
1502 Augusta Drive, Suite 100
Houston, Texas 77057
Phone: (713) 275-9707
Fax: (713) 275-9722

ATTORNEYS FOR DEFENDANTS
RUSSELL TAYLOR, MARY LONG, TIM
LONG, AND SMITH TRANSPORTATION,
INC.

DEFENDANTS RUSSELL TAYLO MARY LONG. TIM LONG. AND SMITH TRANSPORTATION. INC.’S NOTICE 0F
REMOVALREMOVAL — PAGE 2
CERTIFICATE OF SERVICE
The undersigned hereby certiﬁes that a true and correct copy of this document was

electronically served on the below counsel of record on August 22, 2023, in accordance with the

Texas Rules of Civil Procedure.

Via e-Serve and e-Mail:

Rabia Said
WITHERITE LAW GROUP, PLLC
10440 N. Central Expressway, Suite 400
Dallas, Texas 7523 1-2228
Tel: 214-378-6665
Fax: 214-378-6670
Rabia.said@witheritelaw.com
ATTORNEY FOR PLAINTIFF

ma
STEPHANIE A. S’TEELE

DEFENDANTS RUSSELL TAYLO MARY LONG TIM LONG AND SMITH TRANSPORTATION INC.’S NOTICE 0F
REMOVALREMOVAL — PAGE 3
Case 3:23-cv-01878-L Document 1 Filed 08/22/23 Page 1 of 5 PageID 1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CHRISTOPHER JOHNSON,

§§§§§§§§§§§
Plaintiﬂ,
Civil Action No. 3:23-cv-1878

RUSSELL TAYLOR, MARY LONG, TIM
LONG, AND SMITH
TRANSPORTATION, INC.,
Defendants

DEFENDANTS RUSSELL TAYLOR, MARY LONG, TIM LONG, AND
SMITH TRANSPORTATION, INC.’S NOTICE OF REMOVAL

T0 THE HONORABLE JUDGE OF SAID COURT;
COMES NOW, Defendants RUSSELL TAYLOR, MARY LONG, TIM LONG, and

SMITH TRANSPORTATION, INC. (collectively, “Defendants”) who ﬁle this Notice of

Removal, and respectfully show the following:

I. STATE COURT ACTION
1. The above-styled suit was initially brought in the 68th Judicial District of Dallas

County, Texas, cause number DC-23-06508, Via Plaintiff’s Original Petition against Defendant

Russell Taylor, Defendant Mary Long, Defendant Tim Long, and Defendant Smith Transportation,

Inc. (collectively, “Defendants”) on May 19, 2023. The 68th Judicial District of Dallas County,

Texas is located at 600 Commerce Street, 5th Floor, New Tower, Dallas, TX 75202. Defendant

Smith Transportation, Inc. was served with process and Plaintiffs Original Petition on July 21,

2023. Defendant Mary Long was served with process and Plaintiff’s Original Petition on August

1, 2023. Defendant Tim Long was served with process and Plaintiff s Original Petition on August

DEFENDANTS RUSSELL TAYLOR. MARY LONG. TIM LONG. AND SMITH TRANSPORTATION, INC.’S NOTICE OF
REMOVAL — PAGE l
Case 3:23-cv-01878-L Document 1 Filed 08/22/23 Page 2 of 5 PageID 2

2, 2023. Defendant Russell Taylor was served with process and Plaintiff’s Original Petition on

August 9, 2023.

II. PARTIES
2. Plaintiff stated in his Original Petition that Christopher Johnson is resident of

Texas. Plaintiff is a natural person and on information and belief is a citizen of Texas.

3. Defendant Russell Taylor is a resident of Missouri with the address 21293 Raven

Road, Edwards, Missouri 65326. Therefore, Russel Taylor is a citizen of Missouri.

4. Defendant Mary Long is a resident of Kansas with the address 590 Rawlins Road,

Potter, Kansas 66002. Therefore, Mary Long is a citizen of Kansas.

5. Defendant Tim Long is a resident of Kansas with the address 590 Rawlins Road,

Potter, Kansas 66002. Therefore, Timothy Long is a citizen of Kansas.

6. Defendant Smith Transportation, Inc. is incorporated in the State of Kansas and has

a Principal Place of Business in Kansas. Therefore, Smith Transportation, Inc. is a citizen of

Kansas.

III. JURISDICTION

7. This Court has subject-matter jurisdiction over this cause pursuant to 28 U.S.C.A §

1332(a) because this is a civil action in which the amount in controversy exceeds the sum or value

of $75,000.00, exclusive of interest and costs, and is between citizens of different states. The

following information establishes this Court’s subject-matter jurisdiction under 28 U.S.C.A §

1332:

a. Plaintiff state in his Original Petition that “Plaintiff seeks monetary relief of

over $250,00 but not more than $1,000,000;”1

1
Pl.’s Original Pet., Page 2.

DEFENDANTS RUSSELL TAYLOR. MARY LONG. TIM LONG. AND SMITH TRANSPORTATION, INC.’S NOTICE OF
REMOVAL — PAGE 2
Case 3:23-cv-01878-L Document 1 Filed 08/22/23 Page 3 of 5 PageID 3

b. Defendant, Russell Taylor is a resident of Missouri;

c. Defendant Mary Long is a resident of Kansas;

d. Defendant Tim Long is a resident of Kansas;

e. Defendant Smith Transportation, Inc. is a citizen of Kansas; and

f. Therefore, this Court has subject-matter jurisdiction under 28 U.S.C.A §

1332(a) because the matter in controversy exceeds the sum or value of

$75,000.00, exclusive of interest and costs, and is between citizens of different

States.

8. This Court has subject-matter jurisdiction over this cause pursuant to 28 U.S.C.A §

1332(a) because there is complete diversity of citizenship and the amount in controversy exceeds

$75,000.

IV. TIMELINESS

9. Defendants Defendant Smith Transportation, Inc. was served with process and

Plaintiff’ s Original Petition on July 21, 2023. Defendant Mary Long was served with process and

Plaintiff s Original Petition on August 1, 2023. Defendant Tim Long was served with process and

Plaintiff s Original Petition on August 2, 2023. Defendant Russell Taylor was served with process

and Plaintiff s Original Petition on August 9, 2023. Thirty days have not elapsed since Defendants

were served with Plaintiff’s Original Petition. Pursuant to 28 U.S.C.A. § 1446(b)(1), this Notice

of Removal is timely and proper.

V. ATTACHMENTS

10. Defendants are furnishing to the Clerk the following information at the time of

removal:

a. J
The civil cover sheet (AO Form S 44);

DEFENDANTS RUSSELL TAYLOR. MARY LONG. TIM LONG. AND SMITH TRANSPORTATION, INC.’S NOTICE OF
REMOVAL — PAGE 3
Case 3:23-cv-01878-L Document 1 Filed 08/22/23 Page 4 of 5 PageID 4

b. The supplemental civil cover sheet;

c. An index of all documents;

d. The Docket Sheet;

e. All Executed Process in the case;

f. Plaintiff’ s Original Petition;

g. All Defendants’ Original Answers;

h. Pursuant to 28 U.S.C.A. §1446(d), a notiﬁcation of removal to be ﬁled in

state court and to be served on all counsel;

i. A list of all counsel of record; and

j. A Certiﬁcate of Interested Persons.
VI. CONSENT

12. This matter was removed at the consent of all defendant parties in this matter.

VII. CONDITIONS PRECEDENT

l3. Defendants have tendered the required ﬁling fee to the Clerk of the United States

District Court for the Northern District of Texas, Dallas Division, along with this Notice of

Removal. A copy of this Notice of Removal is also being ﬁled in the 68th Judicial District of

Dallas County, Texas, and all counsel of record are being provided with complete copies.

14. Accordingly, Defendants respectfully request that the above action, now pending

in the 68th Judicial District of Dallas County, Texas, cause number DC-23-06508, be removed

therefrom to this Court.

DATED: August 22, 2023

[Signature on following page]

DEFENDANTS RUSSELL TAYLOR. MARY LONG. TIM LONG. AND SMITH TRANSPORTATION, INC.’S NOTICE OF
REMOVAL — PAGE 4
Case 3:23-cv-01878-L Document 1 Filed 08/22/23 Page 5 of 5 PageID 5

Respectfully submitted,
LOPEZ LAW GR P PLLC

By:
BRIAN C. LOPEZ
State Bar No. 24029693
brian@lopezlit.com
1502 Augusta Drive, Suite 100
Houston, Texas 77057
Phone: 713/275-9707
Fax: 713/275-9722

ATTORNEYS FOR DEFENDANTS RUSSELL
TAYLOR, MARY LONG, TIM LONG, AND
SMITH TRANSPORTATION, INC.

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was electronically served

pursuant to the Federal Rules of Civil Procedure on this the 22nd day August, 2023, upon the

following counsel of record:

Rabia Said
State Bar No. 24098366
WITHERITE LAW GROUP, PLLC
10440 N. Central Expressway, Suite 400
Dallas, Texas 75231
Tel: 214-378-6665
Fax: 214-378-6670
Rabia.said@witheritelaw.com
ATTORNEY FOR PLAINTIFF

BRIAN C. LOPEZ

DEFENDANTS RUSSELL TAYLOR. MARY LONG. TIM LONG. AND SMITH TRANSPORTATION, INC.’S NOTICE OF
REMOVAL — PAGE 5
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Ashley Anderson on behalf of Brian Lopez
Bar No. 24029693
ashley@lopezlit.com
Envelope ID: 78794911
Filing Code Description: Notice Of Removal To Federal Court
Filing Description:
Status as of 8/23/2023 7:27 AM CST
Associated Case Party: CHRISTOPHER JOHNSON

Name BarNumber Email TimestampSubmitted Status
Rabia Said Rabia.Said@witheritelaw.com 8/22/2023 2:37:30 PM SENT

Associated Case Party: SMITH TRANSPORTATION INC

Name BarNumber Email TimestampSubmitted Status
Brian C.Lopez brian@lopezlit.com 8/22/2023 2:37:30 PM SENT
Service Lopez service@lopezlit.com 8/22/2023 2:37:30 PM SENT
Melanie Bolls Melanieb@lopezlit.com 8/22/2023 2:37:30 PM SENT
Ashley Anderson ashley@lopezlit.com 8/22/2023 2:37:30 PM SENT
Stephanie Steele stephanie@lopezlit.com 8/22/2023 2:37:30 PM SENT
Blayke Hughes blayke@lopezlit.com 8/22/2023 2:37:30 PM SENT

Case Info

Judge

HOFFMAN, MARTIN Track Judge’s New Case

Case No.

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Document Filed Date

August 22, 2023

Case Filing Date

May 19, 2023

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Party Notice: CHRISTOPHER JOHNSON vs. RUSSELL TAYLOR, et al

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