DEFENDANT’S NOTICE OF REMOVAL PAGE 1

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

ANGELA FERGUSON 

Plaintiff, 

v. 

TRIANA HEALTH SERVICES, INC. 

DBA HIGHLAND NURSING CENTER 

Defendant. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

CASE NO. 5:20-cv-140 

DEFENDANT’S NOTICE OF REMOVAL

Pursuant to 28 U.S.C. §§ 1332, 1441(a)-(c), and 1446, Defendant Triana Health Services, 

Inc. dba Highland Nursing Center (“Defendant”) hereby removes to this Court the action brought 

by Plaintiff Angela Ferguson (“Plaintiff”) in the County Court at Law No. 10 of Bexar County, 

Texas. In support of this removal, Defendant states as follows: 

Timeliness of Removal 

On or about September 24, 2019, Plaintiff filed her Original Petition and Jury Demand 

(“Petition”) in the County Court of Law No. 10 for Bexar, Texas, assigned as Cause No. 

2019CV07788 on the docket of that court (the “State Action”). 

Defendant was served with citation on January 7, 2020. This Notice of Removal, together 

with all process, pleadings, and orders served on Defendant in this action are being filed in this 

Court within 30 days after the initial service of citation on Defendant. The removal is therefore 

timely under 28 U.S.C. § 1446(b). 

Case 5:20-cv-00140 Document 1 Filed 02/06/20 Page 1 of 3
DEFENDANT’S NOTICE OF REMOVAL PAGE 2

The State Court Action, including the Court’s docket sheet is attached as Exhibit A. 

Defendant’s Certificate of Interested Persons will be filed separately. A copy of this Notice of 

Removal is also being filed in the State Court Action. 

Federal Question Jurisdiction 

In her Petition, Plaintiff asserts claims against Defendant for violations of the Fair Labor 

Standards Act, 29 U.S.C. §201 et seq. (“FLSA”). Based upon the federal questions raised by 

Plaintiff, this Court has original jurisdiction pursuant to 28 U.S.C. § 1331, and removal is proper 

pursuant to 28 U.S.C. § 1441(a)-(c). 

Conclusion

Removal of this action is proper under 28 U.S.C. § 1441(a) and (b) because it is a civil 

action brought in a state court. The federal district courts have original jurisdiction under 28 U.S.C. 

§ 1331 because Plaintiff’s Petition involves questions of federal law. 

In accordance with 28 U.S.C. § 1466, copies of this Notice of Removal will be promptly 

served upon counsel for all adverse parties and filed with the Clerk of the County Court at Law 

No. 10 of Bexar County, Texas. 

WHEREFORE, Defendant respectfully requests that this Court take jurisdiction of this 

action and issue all necessary orders and process to remove it from the County Court at Law No. 

10 of Bexar County to the United States District Court for the Western District of Texas, San 

Antonio Division. 

Case 5:20-cv-00140 Document 1 Filed 02/06/20 Page 2 of 3
DEFENDANT’S NOTICE OF REMOVAL PAGE 3

Respectfully submitted, 

OGLETREE, DEAKINS, NASH, SMOAK & 

STEWART, P.C.

/s/ Lara C. de Leon

Lara C. de Leon 

Texas Bar No. 24006957 

lara.deleon@ogletreedeakins.com 

112 East Pecan Street 

Suite 2700 

San Antonio, TX 78205 

Telephone: (210) 354-1300 

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that on this 6th day of February, 2020, I electronically transmitted this 

document to the Clerk of Court using the ECF system of filing, which will transmit a Notice of 

Electronic Filing to all counsel of record in this matter: 

Michael V. Galo, Jr. 

Galo Law Firm, P.C. 

4230 Gardendale, Bldg. 401 

San Antonio, TX 78229 

mgalo@galolaw.com 

/s/ Lara C. de Leon___________ 

Lara C. de Leon 

41664481.1 

082593-000001 

Case 5:20-cv-00140 Document 1 Filed 02/06/20 Page 3 of 3