IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

EL PASO DIVISION

RAUL MENA, § 

 § 

Plaintiff, § 

 § 

v. § Cause No. 

 § 

TRIPLE D SUPPLY, LLC § 

AND DEVIN SMITH, § 

 § 

Defendants. § 

NOTICE OF REMOVAL

Pursuant to 28 U.S.C. §§ 1441 and 1446, Defendants TRIPLE D SUPPLY, LLC (“Triple 

D”) and DEVIN SMITH (“Smith”), (collectively referred to herein as “Defendants”), hereby 

give notice of the removal of this action from the County Court at Law Number Six of El Paso 

County, Texas, to the United States District Court for the Western District of Texas, El Paso 

Division. By removing this case, Defendants do not waive, and expressly reserve, any claims 

and defenses available to Defendants. In support of the Notice of Removal, Defendants state and 

allege as follows: 

1. This action is presently pending in the County Court at Law Number Six of El 

Paso County, Texas, as Raul Mena v. Triple D Supply, LLC and Devin Smith, Cause No. 

2020DCV0577 (the “Action”). Plaintiff’s Original Petition (“the Petition”), naming Defendants, 

was filed on February 12, 2020. Defendant Triple D received notice of this lawsuit on February 

26, 2020. Defendant Smith also received notice of this lawsuit on February 26, 2020. Certified 

copies of the State Court File are attached hereto as Exhibit A. 

2. The Petition alleges that Plaintiff was injured in a motor vehicle accident in El 

Paso, Texas, on August 8, 2019. (See Petition, attached as Exhibit A, Section IV). Plaintiff 

3:20-cv-00084

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alleges that Defendant Smith, while working for Defendant Triple D, ran a red light and caused a 

collision with Plaintiff’s motor vehicle which caused physical injuries to Plaintiff. Plaintiff’s 

allegations of negligence against Defendant Smith include: failure to maintain proper control of 

his commercial motor vehicle; failure to keep a proper lookout while operating his commercial 

motor vehicle; failure to keep mental and physical alertness while operating his commercial 

motor vehicle; failure to yield; and distracted driving. (Exhibit A, Petition, Section V).

3. Plaintiff’s allegations of negligence against Defendant Triple D include: failure to 

exercise due care in hiring and/or contracting with commercial motor vehicle drivers, including 

Defendant Smith; failure to inquire and/or test, or failure to exercise due care in inquiring and/or 

testing, its commercial motor vehicle drivers’ competence to operate a commercial motor 

vehicle, including Devin Smith’s competence, or lack thereof; failure to train, or failure to 

exercise due care in training its commercial motor vehicle drivers to operate commercial motor 

vehicles safely, including Devin Smith; failure to monitor and/or supervise, or failure to exercise 

due care in monitoring and/or supervising, its commercial motor vehicle drivers’ competence to 

operate a commercial motor vehicle, including Devin Smith’s competence, or lack thereof; 

retaining Devin Smith, and entrusting a commercial motor vehicle to Devin Smith. (Exhibit A, 

Petition, Section VI.) Plaintiff also alleges that Defendant Triple D was vicariously liable for 

Defendant Smith’s conduct. (Exhibit A, Petition, Section VI.) 

4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332 because 

this is a civil action in which the parties are citizens of different states and the amount in 

controversy exceeds $75,000.

5. According to the Petition, Plaintiff Raul Mena is and was a resident and citizen of 

the State of Texas. (Exhibit A, Petition, Section II.) 

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6. Defendant Triple D Supply, LLC is a New Mexico corporation with its principal 

place of business at 1109 Indiana Avenue, Alamogordo, NM 88310. (See also Exhibit A, 

Petition, Section II.) 

7. Defendant Devin Smith is a resident of and domiciled in the State of Oregon. 

(See also Exhibit A, Petition, Section II.) 

8. Based on the citizenship of the parties, there is complete diversity for the purposes 

of 28 U.S.C. §§ 1441 and 1332.

9. The amount in controversy also exceeds $75,000. (Exhibit A, Petition, Section 

III.) Plaintiff’s Petition states that Plaintiff is seeking monetary relief over $1,000,000. (Id.) 

Plaintiff has set forth an amount in controversy well over the jurisdictional limit of $75,000. 

10. Venue is proper in this district pursuant to 28 U.S.C. § 1441(a) because the state 

court where the suit has been pending is located in this district and division.

11. This Notice of Removal is being filed within 30 days after Defendants’ receipt of 

the Petition.

12. Plaintiff demanded a jury trial in the state court action. 

13. True and correct copies of the documents filed in the state court action are 

attached hereto as Exhibit A. 

14. A Notice of Filing Notice of Removal is being filed concurrently with this Notice 

in the County Court at Law Number Six of El Paso County, Texas.

15. Therefore, under the applicable provisions of §§ 1332, 1441, and 1446, 

Defendants have complied with necessary requirements and are entitled to remove this action.

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WHEREFORE, Defendants TRIPLE D SUPPLY, LLC and DEVIN SMITH hereby 

remove all claims in the Action from the County Court at Law Number Six of El Paso County, 

Texas, to the United States District Court for the Western District of Texas, El Paso Division.

Dated this 27th day of March, 2020.

Respectfully submitted,

MOSS LEGAL GROUP, PLLC

5845 Cromo Dr., Suite 2

El Paso, Texas 79912

(915) 703-7307

(915) 703-7618 Telecopier

By: /s/ Priscilla M. Castillo

M. MITCHELL MOSS

State Bar No. 00784647

Mitch@mosslegalsolutions.com

PRISCILLA M. CASTILLO

State Bar No. 24076531

Priscilla@mosslegalsolutions.com

Attorneys for Defendants

Triple D Supply, LLC and 

Devin Smith 

CERTIFICATE OF SERVICE

I hereby certify that on the 27th day of March 2020, I electronically filed the foregoing 

with the clerk of the court by using the CM/ECF system, which will send a notice of electronic 

filing to all counsel of record: 

Mason W. Herring

J. Hunter Craft

Craft Law Firm, P.C.

2727 Allen Parkway, Suite 1150

Houston, TX 77019

Attorneys for Plaintiff

 /s/ Priscilla M. Castillo

PRISCILLA M. CASTILLO

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Exhibit A

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