UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

CYNTHIA CANTU § 

§ 

VS. § C.A.NO. 

§ 

WAL-MART STORES TEXAS, LLC § 

AND WALMART, INC. § JURY DEMANDED 

NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. § 1441 

TO THE CLERK OF THE ABOVE ENTITLED COURT: 

Please take notice that Defendants, Wal-Mart, Inc. and Wal-Mart Stores Texas, LLC, 

hereby remove to the Court the state action described below. 

1. On January 31, 2020, a civil action was commenced, in the 73111 Judicial District 

Court of Bexar County, Texas, entitled Cynthia Cantu v. Wal-Mart, Inc. and Wal-Mart Stores 

Texas, LLC, Cause No. 2020C102262. A copy of Plaintiffs Original Petition is attached hereto as 

Exhibit A. 

2. Service of summons and complaint was made on Defendants, Wal-Mart, Inc. and 

Wal-Mart Stores Texas, LLC by process server on February 13, 2020. Defendants first received a 

copy of said Petition on February 18, 2020. A copy of the Citation is attached hereto as Exhibit 

Ri 

3. Defendants have filed an Original Answer, which is attached as Exhibit C, a 

Demand for Jury Trial, which is attached as Exhibit D, a Notice of Filing of Removal to Federal 

Court, attached as Exhibit E and List of Counsel of Record, attached as Exhibit F. Defendants 

have attached all process, pleadings, and orders in the State Court action as required by 28 U.S.C. 

1446(a). 

5:20-cv-311

Case 5:20-cv-00311 Document 1 Filed 03/13/20 Page 1 of 4
JURISDICTION AND VENUE 

4. The action is a civil action of which this Court has original jurisdiction under Title 

28 U.S.C. § 1332 (Diversity Jurisdiction), and is one which may be removed to this Court pursuant 

to Title 28 U.S.C. § 1441. There is complete diversity of citizenship amongst the parties. 

Defendant, Wal-Mart Stores Texas, LLC is a limited liability company formed under the laws of 

Delaware, with its principal place of business in Arkansas. The sole member of Wal-Mart Stores 

Texas, LLC is Wal-Mart Real Estate Business Trust. Wal-Mart Real Estate Business Trust is a 

Delaware statutory trust with its principal place of business in Arkansas. The sole unit holder of 

Wal-Mart Real Estate Business Trust is Wal-Mart Property Co. which is a wholly owned 

subsidiary of Wal-Mart Stores East, LP. Wal-Mart Property Co. is a corporation formed under the 

laws of the State of Delaware with its principal place of business in the State of Arkansas. 

Wal-Mart Stores East, LP is a Delaware limited partnership, of which WSE Management, LLC is 

the general partner, and WSE Investment, LLC is the limited partner. WSE Management, LLC is 

a Delaware limited liability company, and has its principal place in Bentonville, Arkansas. WSE 

Investment, LLC is a Delaware limited liability company, and has its principal place in 

Bentonville, Arkansas. The sole member of WSE Management, LLC and WSE Investment, LLC 

is Wal-Mart Stores East, LLC. (f/k/a Wal-Mart Stores East, Inc.), whose parent company is 

Walmart Inc. (f/k/a Wal-Mart, Inc.). Wal-Mart Stores East, LLC is a limited liability company 

formed under the laws of the State of Arkansas, and has its principal place of business in the State 

of Arkansas. The sole member of Wal-Mart Stores East, LLC is Walmart Inc. (f/k/a Wal-Mart, 

Inc.). Walmart, Inc. is incorporated under the laws of the state of Delaware with its principal 

place of business in Bentonville, Arkansas. As such, Defendants Walmart, Inc. and Wal-Mart 

Stores Texas, LLC are not Texas citizens. Plaintiff is a Texas citizen, with her residence in 

Bexar County, Texas. 

5. The amount in controversy exceeds the sum of Seventy-five Thousand Dollars 

Case 5:20-cv-00311 Document 1 Filed 03/13/20 Page 2 of 4
($75,000.00), exclusive of interest and costs. Seepage 7 of Plaintiff's Original Petition. 

7. Venue is proper in the Western District of Texas, San Antonio Division because 

this District and Division embrace the place in which the action is pending. 

Dated: March 13, 2020 

Respectfully submitted, 

Daw & Ray 

A Limited Liability Partnership 

is! Willie (Ben (Daw, III 

Willie Ben Daw, III; TBN: 05594050 

Email: wbdaw@dawray.com 

James K. Floyd; TBN: 24047626 

Email: jfloyddawray.com 

14100 San Pedro Ave., Suite 302 

San Antonio, Texas 78232 

(210) 224-3121 Telephone 

(210) 224-3188 Facsimile 

ATTORNEYS FOR DEFENDANTS 

CERTIFICATE OF SERVICE 

The undersigned does hereby certify that a true and correct copy of the above and 

foregoing instrument has been served upon all known counsel of record by Electronic Service on 

this 13th day of March, 2020. 

Daniel J. T. Sciano 

Lawrence J. Webb 

Tinsman & Sciano, Inc. 

10107 McAllister Freeway 

San Antonio, Texas 78216 

Email: dscianotsslawyers.com 

Email: lwebbtsslawyers.com 

/s! Willie (Ben Daw, III 

Willie Ben Daw, III 

Case 5:20-cv-00311 Document 1 Filed 03/13/20 Page 3 of 4
UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

CYNTHIA CANTU § 

§ 

VS. § C.A.NO. 

§ 

WAL-MART STORES TEXAS, LLC § 

AND WALMART, INC. § JURY DEMANDED 

INDEX OF DOCUMENTS FILED WITH REMOVAL ACTION 

(A) Plaintiffs Original Petition 

(B) Citation 

(C) Defendants' Original Answer 

(D) Defendants' Demand for Jury Trial 

(E) Notice of Filing of Removal to Federal Court 

(F) List of Counsel of Record 

Case 5:20-cv-00311 Document 1 Filed 03/13/20 Page 4 of 4