Mage Vape, LLC v. The City of San Antonio

Defendants’ Notice of Filing Notice of Removal - Federal

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

MEGA VAPE, LLC §

Plaintiff, §

§

v. § 5:20-CV-________

§

THE CITY OF SAN ANTONIO

Defendant.

§

DEFENDANT NOTICE OF REMOVAL

TO THE HONORABLE UNITED STATES DISTRICT COURT:

NOW COMES Defendants, THE CITY OF SAN ANTONIO (hereinafter “Defendant”), in 

the above-styled and numbered cause, and pursuant to 28 U.S.C. Sections 1331 and 1441(a) file 

this Notice of Removal, and in support thereof would respectfully show unto the Court as follows:

1. On April 9, 2020, Plaintiff Mega Vape, LLC filed a Sworn / Verified Original Petition, and 

Application for a Temporary Restraining Order in the 438th Judicial District Court, Bexar County, 

Texas, Cause No. 2020-CI-06894. The Defendants were not provided service of that Petition and 

Plaintiff set this case for hearing on his Application for Temporary Injunction on April 13, 2020

in the Presiding District Court. Plaintiff’s Original Petition, alleged Defendant claims against the 

Defendants, including Defendants violated Plaintiff’s state and federal statutory and constitutional 

rights. Plaintiff alleges that the suit is brought pursuant to 42 U.S.C. §1983 (Complaint, Para. 6) 

and asserts a claim of violations of constitutional due process rights. (Complaint, Paras. 24, 51 and 

57)

2. Pursuant to 28 U.S.C. §1331, the Federal District Courts have original jurisdiction of all 

civil actions arising under the Constitution, laws, or treaties of the United States. Pursuant to 28 

U.S.C. §1441(a), Plaintiff’s claims may therefore be removed to Federal District Court. 

Case 5:20-cv-00454 Document 1 Filed 04/12/20 Page 1 of 3
Mage Vape, LLC v. The City of San Antonio

Defendants’ Notice of Filing Notice of Removal - Federal

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3. Pursuant to 28 U.S.C. §1446(a), attached to this Notice of Removal are copies of all process 

and pleadings, orders and other filings in the state court action as of April 10, 2020. (See Exhibit 

“A”.) Venue is proper in this district under 28 U.S.C. §1446(a), because Bexar County, Texas, 

where the removed action is pending, is within the San Antonio Division of the United States 

District Court for the Western District of Texas.

4. To the extent Plaintiff is asserting any state law causes of action, the City would show that 

the United States District Court has jurisdiction over Plaintiff’s independent state law claims 

pursuant to the Court’s supplemental jurisdiction, because those claims arise out of and are derived 

from a common nucleus of operative facts which form the basis of Plaintiffs’ federal civil claims.

5. The Notice of Removal is being filed within thirty (30) days of receipt of notice of 

Plaintiff’s claims on April 10, 2020 as required by 28 U.S.C. §1446(b).

6. Pursuant to 28 U.S.C. §1446(d), the City intends to serve written notice of this removal 

upon all interested parties and upon the 438th District Court, Bexar County, Texas, promptly after 

filing this Notice of Removal.

WHEREFORE, PREMISES CONSIDERED, the City hereby effectuates a removal of the 

present cause of action to this Honorable United States District Court.

Respectfully submitted,

CITY OF SAN ANTONIO

Office of the City Attorney

Litigation Division

100 W. Houston St., 18th Floor

San Antonio, Texas 78205

Case 5:20-cv-00454 Document 1 Filed 04/12/20 Page 2 of 3
Mage Vape, LLC v. The City of San Antonio

Defendants’ Notice of Filing Notice of Removal - Federal

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/s/Deborah Lynne Klein

DEBORAH LYNNE KLEIN

Deputy City Attorney

SBN: 11556750

(210)207-8919/(210)207-4357

Deborah.Klein@sanantonio.gov

_/s/W.Logan Lewis______________

W. LOGAN LEWIS

Assistant City Attorney

SBN: 24075904

(210) 207-6520/ (210) 207-4357 Fax

Logan.Lewis@sanantonio.gov

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has been served 

on the following on April 12, 2020:

Gerrit Schulze

310 South St. Mary’s Street, Suite 2100

San Antonio, Texas 78205

210-503-2800 phone

210-503-2888 fax

 CM/ECF

Warren v. Norred

515 East Border Street

Arlington, Texas 76010

817-704-3975 phone

817-524-6686 fax

 CM/ECF

/s/Deborah Lynne Klein

DEBORAH LYNNE KLEIN

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