NOTICE OF REMOVAL

HB: 4813-4185-7977.1

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

JAMES VERNON SMITH, 

Plaintiff, 

v. 

RICH TRANSPORT, LLC d/b/a RICH 

LOGISTICS and ROADRUNNER 

TRUCKLOAD HOLDINGS, LLC, 

Defendants. 

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CIVIL ACTION NO. 5:20-cv-453

DEFENDANTS’ NOTICE OF REMOVAL 

Defendants Rich Transport, LLC d/b/a Rich Logistics (“Rich Logistics”) and Roadrunner 

Truckload Holdings, LLC (“Roadrunner”) (jointly, the “Defendants”) file this Notice of Removal 

based on diversity jurisdiction under 28 U.S.C. §§ 1332, 1441, and 1446, and as grounds for 

removal state as follows: 

I. PROCEDURAL BACKGROUND 

1. On March 4, 2020, Plaintiff James Vernon Smith (“Plaintiff”) filed his Original 

Petition (the “Petition”) in the 131st Judicial District Court of Bexar County, Texas, Cause No. 

2020-CI-04599 (the “State Court Action”) against Defendants. The Petition, along with the State 

Court Docket Sheet and copies of all process, pleadings, orders, and other papers filed in the State 

Court Action and obtained by Defendants are attached hereto as Exhibit A.

2. Plaintiff served the Petition and citation on both Defendants on March 19, 2020. 

See Service of Process Transmittal for Rich Logistics, Ex. A at 10; Service of Process Transmittal 

for Roadrunner, LLC, Ex. A at 13. 

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II. NATURE OF THE CASE 

3. The Petition asserts a cause of action against Defendants for defamation. See 

Petition, Ex. A at 7–8. Specifically, Plaintiff alleges as that Defendants “wrongfully told” potential 

employers that Plaintiff “was terminated from his position at Rich Logistics for refusing a drug 

test or for violating company policy.” Id. at 7. Plaintiff claims he was not accepted for positions 

with potential employers “because of the unfavorable and untrue information being disseminated 

about him by Rich Logistics.” Id. Defamation is the only cause of action asserted in the Petition. 

Id. at 7–8. 

III. BASIS FOR REMOVAL – DIVERSITY JURISDICTION 

4. The State Court Action may be removed to this Court under 28 U.S.C. § 1441 

because the Court has original jurisdiction under 28 U.S.C. § 1332. See Reynolds v. Pers. 

Representative of the Estate of Johnson, 139 F. Supp. 3d 838, 840 (W.D. Tex. 2015) (“A defendant 

may remove to federal court any civil action brought in state court over which the district court 

would have had original jurisdiction.”). District courts have diversity jurisdiction over all civil 

actions between citizens of different states, where the matter in controversy exceeds the sum or 

value of $75,000, exclusive of interest and costs. 28 U.S.C. § 1332. 

A. Plaintiff and Defendants are Citizens of Different States. 

5. Cases arising under 28 U.S.C. § 1332 require “complete diversity,” meaning all 

persons on one side of the controversy must “be citizens of different states than all persons on the 

other side.” Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1079 (5th Cir. 2008). 

6. According to the Petition, Plaintiff “is an individual residing in Bexar County, 

Texas.” See Petition, Ex. A at 5. Upon information and belief, Plaintiff was domiciled in Bexar 

County when this action was commenced. Plaintiff is now, and was when this action was 

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commenced, a citizen of the State of Texas and of no other state. 

7. The citizenship of a limited liability company, for diversity jurisdiction purposes, 

is determined by the citizenship of all of its members. See Harvey, 542 F.3d at 1080. Roadrunner 

Truckload Holdings, LLC is a limited liability company made up of one member, a corporation 

organized under the laws of the State of Delaware with its principal place of business in the State 

of Illinois. Thus, because the only member of Roadrunner is a citizen of both the State of Delaware 

and the State of Illinois, Roadrunner was, and is now, a citizen of Delaware and Illinois. 

8. Rich Transport, LLC d/b/a Rich Logistics is a limited liability company made up 

of one member, a limited liability company, which in turn has one corporate member organized 

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

Thus, Rich Logistics was, and is now, a citizen of both the State of Delaware and the State of 

Illinois. 

9. Accordingly, Defendants are now, and were when the action was commenced, 

diverse in citizenship from Plaintiff. Neither Defendant is, or was when the suit was commenced, 

a citizen of the State of Texas. 

B. The Amount in Controversy Exceeds $75,000, Exclusive of Interest and Costs. 

10. Plaintiff’s Petition seeks “damages of $200,000.00 to $1,000,000.00.” See Petition, 

Ex. A at 5. 

11. Thus, removal is proper because there is complete diversity of citizenship and the 

amount in controversy exceeds $75,000, exclusive of interest and costs. 

IV. ADDITIONAL REQUIREMENTS

12. Removal is proper to the United States District Court for the Western District of 

Texas, San Antonio Division, because this district and division includes Bexar County, Texas, 

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which is the location of the pending State Court Action. 28 U.S.C. §§ 1441(a) & 1446(a); see Local 

Court Rules of the United States District Court for the Western District of Texas, at viii (“The SAN 

ANTONIO DIVISION comprises the following counties: . . . Bexar”). 

13. Pursuant to 28 U.S.C. § 1446(a), the docket sheet, copies of all process, pleadings, 

orders, and other papers filed in the State Court Action and obtained by Defendants are attached. 

See Ex. A. 

14. Under 28 U.S.C. § 1446(b), this removal is timely. This Notice of Removal is filed 

within 30 days of March 19, 2020, the date that both Defendants were served. 

15. In accordance with 28 U.S.C. § 1446(d), Defendants will promptly file a copy of 

this Notice of Removal with the Clerk of the 131st Judicial District Court of Bexar County, Texas, 

in Cause No. 2020-CI-04599. 

16. Defendants reserve the right to submit additional evidence to support removal as 

appropriate in future circumstances, or to amend this Notice of Removal. 

17. Nothing in this Notice of Removal shall be interpreted as a waiver or 

relinquishment of Defendants’ rights to assert any claims, defenses, or other motions permitted 

under the Federal Rules of Civil Procedure or any state or federal statute, rule, or otherwise. 

V. CONCLUSION 

For all the reasons above, having satisfied the requirements for removal under 28 U.S.C. 

§§ 1332, 1441, & 1446, Defendants Rich Transport, LLC d/b/a Rich Logistics and Roadrunner 

Truckload Holdings, LLC hereby give notice that Cause No. 2020-CI-04599 in the 131st Judicial 

District Court of Bexar County, Texas has been removed to this Court. 

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HB: 4813-4185-7977.1

Dated: April 10, 2020 Respectfully submitted, 

HUSCH BLACKWELL LLP 

111 Congress Avenue, Suite 1400 

Austin, Texas 78701 

(512) 472-5456 

(512) 479-1101 (fax) 

By: /s/ Danielle Gilbert 

Danielle Gilbert 

State Bar No. 24092421 

Danielle.Gilbert@huschblackwell.com

ATTORNEY FOR RICH TRANSPORT, LLC 

D/B/A RICH LOGISTICS AND 

ROADRUNNER TRUCKLOAD HOLDINGS, 

LLC 

CERTIFICATE OF SERVICE 

I certify that the foregoing document was served on counsel of record via the Court’s 

CM/ECF electronic filing system in accordance with the Federal Rules of Civil Procedure on April 

10, 2020: 

John F. Carroll 

jcarrollsatx@gmail.com

111 West Olmos Drive 

San Antonio, Texas 78212 

(210) 829-7183 

(210) 829-0734 (fax)

/s/ Danielle Gilbert 

Danielle Gilbert 

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