HOUSTON/ DEFENDANT BIG LOTS STORES, INC.’S (incorrectly named and an improper party) 

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CAUSE NO. 2020CI03565 

SIMONE HOUSTON § IN THE DISTRICT COURT 

 § 

Plaintiff, §

 §

v. § 37th JUDICIAL DISTRICT 

 § 

BIG LOTS STORES, INC. § 

 § 

 Defendants. § BEXAR COUNTY, TEXAS 

 

DEFENDANT BIG LOTS STORES, INC.’S

(incorrectly named and an improper party) 

NOTICE OF REMOVAL

 

Pursuant to 28 U.S.C. § 1441, Defendant BIG LOTS STORES, INC. (incorrectly 

named and an improper party) (hereinafter “BIG LOTS”) removes to this Court, the state 

court action described in Paragraph 1 below. Pursuant to 28 U.S.C. § 1446(a), Big 

Lots sets forth the following "short and plain statement of the grounds for removal." 

I.

THE REMOVED CASE 

1. The removed case is a civil action filed with the 37th Judicial District 

Court of Bexar County, Texas, on February 20, 2020, styled Simone Houston v. Big 

Lots Stores, Inc., under Cause No. 2020CI03565 (the “State Court Action”). 

II.

DOCUMENTS FROM REMOVED ACTION 

2. Pursuant to FEDERAL RULE OF CIVIL PROCEDURE 81 and 28 U.S.C. § 

1446(a), Defendant attaches the following documents to this Notice of Removal: 

(a) A list of all parties in the case, their party type and current status; 

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(b) a civil cover sheet and certified copy of the state court docket sheet; 

a copy of all pleadings that assert causes of action (e.g., complaints, 

amended complaints, supplemental complaints, petitions, counterclaims, cross-actions, third party actions, interventions, etc.); all 

answers to such pleadings and a copy of all process and orders served 

upon the party removing the case to this court, as required by 28 

U.S.C. § 1446(a); 

(c) a complete list of attorneys involved in the action being removed, 

including each attorney's bar number, address, telephone number 

and party or parties represented by him/her; 

(d) A record of which parties have requested trial by jury; and 

(e) The name and address of the court from which the case is being 

removed. 

III.

REMOVAL PROCEDURE 

3. Except as otherwise expressly provided by Act of Congress, any civil 

action brought in a state court of which the district courts of the United States have 

original jurisdiction may be removed to the United States District Courts for the 

district and division embracing the place where the action is pending. 28 U.S.C. § 

1441. The San Antonio Division of the Western District Court of Texas is the United 

States district and division embracing Bexar County, Texas, and the county in which 

the State Court Action is pending. 

4. Pursuant to 28 U.S.C. § 1446(a), true and correct copies of all process, 

pleadings and orders in the State Court Action as of the date of this pleading are 

attached hereto as Exhibit "B" and incorporated herein for all purposes. 

5. Defendant will promptly give all parties written notice of the filing of 

this Notice of Removal and will promptly file a copy of this Notice of Removal with 

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the Clerk of the 37th Judicial District Court, of Travis County, Texas, where the State 

Court Action is currently pending. 

IV. 

REMOVAL IS TIMELY 

6. According to the State Court Action file, Defendant BIG LOTS STORES,

INC. (an improper party to this lawsuit) was served with a copy of Plaintiff's Original 

Petition ("Petition") on April 17, 2020, via personal service. 

7. Since the thirtieth day after service of the Petition on Defendant BIG 

LOTS STORES, INC. (incorrectly named and an improper party to this lawsuit) falls on May 17, 

2020 (a Sunday), this Notice of Removal is being timely filed within the time limits 

specified in 28 U.S.C. § 1446(b). 

V. 

VENUE IS PROPER 

 8. The United States District Court for the Western District of Texas – San 

Antonio Division, is the proper venue for removal of the State Court Action pursuant 

to 28 U.S.C. § 1441(a) because the 37th Judicial District Court of Bexar County, Texas, 

is located within the jurisdiction of the United States District Court for the Western 

District of Texas – San Antonio Division. 

VI. 

DIVERSITY OF CITIZENSHIP EXISTS 

 9. This is a civil action relating to a negligence claim that falls under the 

Court's original jurisdiction pursuant to 28 U.S.C. § 1332 and is one that may be 

removed to this Court based on diversity of citizenship in accordance with 28 U.S.C. 

§§ 1441 and 1446. 

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10. As admitted in the Petition, Plaintiff is a resident of Bexar County, 

Texas and is domiciled there.1

11. Defendant BIG LOTS STORES, INC., (incorrectly named and an improper party), 

is a foreign Limited Liability Company organized and existing under the laws of the 

State of Ohio. Additionally, BIG LOTS STORES, INC.'s principal office is located at 4900 

E. Dublin Granville Rd., Columbus, Ohio. Pursuant to 28 U.S.C. § 1332(c)(1), BIG 

LOTS STORES, INC. is not a citizen of the State of Texas. 

12. Because the Plaintiff is a resident of the State of Texas and Defendant 

is not, complete diversity of citizenship exists pursuant to 28 U.S.C. § 1332.

VII. 

THE AMOUNT IN CONTROVERSY REQUIREMENT IS SATISFIED 

13. Plaintiff alleges in her Petition that she seeks "monetary relief of over 

$200,000.00, but not more than $1,000,000.00."2 

14. Based on the aforementioned facts, the State Court Action may be 

removed to this Court by BIG LOTS in accordance with the provisions of 28 U.S.C. § 

1441(a) because: (i) this is a civil action pending within the jurisdiction of the United 

States District Court for the Western District of Texas; (ii) this action is between 

citizens of different states; and (iii) the amount in controversy as specifically pled by 

the Plaintiff, exceeds $75,000, exclusive of interest and costs. 

 

1

Id. Plaintiff's Original Petition at p. 1, ¶ 3. 

2 See, "Plaintiff's Original Petition" at p. 1, ¶ 2.

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VIII. 

FILING OF REMOVAL PAPERS 

 15. Pursuant to 28 U.S.C. § 1446(d), Big Lots is providing written notice of 

the filing of this Notice of Removal to all counsel of record and is filing a copy of this 

Notice with the Clerk of the 37th Judicial District Court of Bexar County, Texas, in 

which this action was originally commenced. 

IX. 

CONCLUSION 

16. Defendant Big Lots Stores, Inc. (incorrectly named and an improper party)

hereby removes the above-captioned action from the 37th Judicial District Court of 

Bexar County, Texas, and requests that further proceedings be conducted in the 

United States District Court for the Western District of Texas – San Antonio Division, 

as provided by law. 

Respectfully submitted, 

MAYER LLP 

750 North Saint Paul Street, Suite 700 

Dallas, TX 75201 

214.379.6900 / F: 214.379.6939 

By: 

Zach T. Mayer, Attorney-in-Charge 

State Bar No. 24013118 

zmayer@mayerllp.com

Sara Krumholz 

State Bar No. 24060579 

E-Mail: skrumholz@mayerllp.com

 

 ATTORNEYS FOR DEFENDANT

BIG LOTS STORES, INC.

(incorrectly named and an improper party) 

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CERTIFICATE OF SERVICE 

The undersigned does hereby certify that on May 15, 2020, the foregoing Notice 

of Removal was electronically filed, as required by the United States District Court 

for the Western District of Texas, using the Court’s CM/ECF filing system, which will 

provide notice and a copy of this document, with attachments, to the following, who 

are indicated to be registered ECF filers in the United States District Court for the 

Western District of Texas: 

Adam Ramji 

State Bar No. 24045209 

Chelsea Murfree 

State Bar No. 24107873 

E-Mail: service@ramjilaw.com

Ramji Law Group 

9816 Katy Freeway 

Houston, Texas 77055 

Attorneys for Plaintiff 

☐E-MAIL (service@ramjilaw.com) 

☐HAND DELIVERY 

☐FACSIMILE 

☐OVERNIGHT MAIL

☐REGULAR, FIRST CLASS MAIL 

☒CM/ECF 

☐CERTIFIED MAIL/RETURN RECEIPT REQUESTED

 /s/ Sara Krumholz 

 Sara Krumholz 

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