IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

CARL N. MERKLE, § 

§ 

Plaintiff, § 

§ 

v. § 

§ CIVIL ACTION NO. 5:20-cv-_____ 

THE UNITED STATES OF AMERICA,1

 § 

DAVID S. GRAGG, § 

NATALIE FRIEND WILSON, § 

PATRICK AUTRY, and § 

JOHNNY W. THOMAS, §

§ 

Defendants. § 

NOTICE OF REMOVAL

Defendant United States of America, by and through the United States Attorney for the 

Western District of Texas and the undersigned Assistant United States Attorney, hereby files its 

Notice of Removal with this Court removing the above-entitled action now pending as Cause No. 

2020-CI-06681 in the 288th Judicial District Court, Bexar County, Texas, and in support of this 

Notice of Removal states as follows:

1. On April 6, 2020, an action was filed as Cause No. 2020-CI-06681 in the 288th

Judicial District Court, Bexar County, Texas, entitled Carl N. Merkle, Plaintiff, v. David S. Gragg, 

Natalie Friend Wilson, Patrick Autry, Craig A. Gargotta, Primary Defendants; Henry G. Hobbs, 

1 The Petition was filed with the style Carl N. Merkle, Plaintiff, v. David S. Gragg, Natalie Friend 

Wilson, Patrick Autry, Craig A. Gargotta, Primary Defendants; Henry G. Hobbs, Jr., Johnny W. 

Thomas, Secondary Defendants. The Federal Tort Claims Act, 28 U.S.C. §§ 1346(b); 2671-2680 

(1988) (FTCA), as amended by the Federal Employees Liability Reform and Tort Compensation 

Act of 1988 § 5, Pub. L. No. 100-694, 102 Stat. 4563 (1988), provides that a suit against the United 

States shall be the exclusive remedy for persons with claims for damages resulting from the

negligent or wrongful acts or omissions of federal employees taken within the scope of their office 

or employment. Upon removal, the United States of America is being substituted for Defendants 

Craig A. Gargotta and Henry G. Hobbs pursuant to 28 U.S.C. § 2679(d)(1). See Exhibit 3. 

541

Case 5:20-cv-00541 Document 1 Filed 05/01/20 Page 1 of 5
Jr., Johnny W. Thomas, Secondary Defendants. A copy of Plaintiffs’ Original Petition and all 

filings in the state-court action are attached hereto as Exhibit 1. 

2. Defendant Craig A. Gargotta (“Judge Gargotta”) is, and at all times relevant hereto

was, a Bankruptcy Judge in and for the Western District of Texas. See Exhibit 3. 

3. Defendant Henry G. Hobbs (“Mr. Hobbs”) is, and at all times relevant hereto was,

a United States Trustee for Region 7. See Exhibit 3. 

4. The Petition makes numerous vague, disjointed, and confusing claims related to the

handling and administration of his bankruptcy estate. The Petition alleges, inter alia, that Judge 

Gargotta participated in a “fraud” scheme involving Plaintiff’s bankruptcy estate. The Petition 

claims to sound in tort and arguably includes claims for “concealment,” “criminal negligence,” 

“fraud,” “theft,” and “barratry,” “deception,” and intentional or reckless infliction of emotional 

distress. Pet. ¶¶ 38 (“This case is a civil tort case.”), 43–44.2

 No specific allegations are made 

against Mr. Hobbs, though he remains named as a Defendant in this “tort” matter.

5. All of Judge Gargotta’s actions/omissions of which Plaintiff complains were taken

in the context of litigation pending before him as a United States District Bankruptcy Judge and 

under color of such office. Removal is, therefore, proper pursuant to Title 28 U.S.C. § 1442(a)(1).

2 The Petition appears to be in violation of multiple court orders barring Plaintiff from filing 

baseless, abusive, and frivolous pleadings. See, e.g., Order dated Nov. 26, 2019, Merkle v. Gragg, 

et. al, Civil No. SA:19-cv-640, ECF No. 24 (“The Court notes that Judge Gargotta has previously 

warned Merkle against filing further abusive and frivolous pleadings, and the Court re-iterates that 

warning.”) (Rodriguez, J.); see also Order dated Sept. 16, 2019, Civil No. 18-cv-588, ECF No. 43 

(Farrer, M.J.) (warning Plaintiff that “instituting further frivolous or vexatious appeals, or 

engaging in frivolous or vexations motions practice, in any case in this Court will subject him to 

sanctions. Likewise, he is further warned that engaging in ad hominem attacks against opposing 

parties or their counsel will have similar consequences, as will failing to comply with the local 

rules or the governing rules of civil procedure. The possible consequences include but are not 

limited to monetary sanctions and the issuance of a pre-filing injunction.”).

Case 5:20-cv-00541 Document 1 Filed 05/01/20 Page 2 of 5
6. Similarly, all of Mr. Hobbs’s actions/omissions of which Plaintiff complains were

taken in his role as a United States Trustee and under color of such office. Removal is, therefore, 

proper pursuant to Title 28 U.S.C. § 1442(a)(1). 

7. Attached hereto as Exhibit 2 is a certification that Judge Gargotta and Mr. Hobbs

were acting within the scope of their federal employment at the time of the events out of which 

this suit arose. 

8. Judge Gargotta and Mr. Hobbs have not been served with the Petition.

9. No trial has been set or held in this matter.

10. Pursuant to the provisions of 28 U.S.C. § 1446(d), a Notice of Filing Notice of

Removal will be filed with the 288th Judicial District Court in Bexar County, Texas, a true and 

correct copy of which is attached hereto as Exhibit 3. 

11. Pursuant to Local Court Rule CV-3(a), a JS 44, Civil Cover Sheet is attached hereto

as Exhibit 4. 

12. As this federal case is being initiated via removal, a Supplement to JS 44 is attached

hereto as Exhibit 5. 

WHEREFORE, Defendant United States of America provides this Notice that the action 

now pending in the 288th Judicial District Court, Bexar County, Texas against Defendants David 

S. Gragg, Natalie Friend Wilson, Patrick Autry, Craig A. Gargotta, Henry G. Hobbs, Jr., Johnny

W. Thomas and Defendant United States of America is removed to this Court.

Respectfully submitted,

JOHN F. BASH

UNITED STATES ATTORNEY

Case 5:20-cv-00541 Document 1 Filed 05/01/20 Page 3 of 5
By: /s/ Faith Johnson Lowry 

FAITH JOHNSON LOWRY

Assistant United States Attorney

601 NW Loop 410, Suite 600 

San Antonio, Texas 78216-5597 

Texas Bar No. 24099560 

faith.johnson@usdoj.gov 

Tel. (210) 384-7355 

Fax. (210) 384-7358 

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I certify that on May 1, 2020, a true and correct copy of the foregoing Notice of Removal 

was electronically filed via the Court’s CM/ECF system and served upon the following Pro Se 

Plaintiff via certified mail and e-mail to: 

Carl N. Merkle, Pro Se 

4446 Bayliss Street 

San Antonio, TX 78233 

carl.merkle@gmail.com

George H. Spencer, Jr. Counsel for David S. Gragg, Natalie Friend Wilson 

State Bar No. 18921001 

Langley & Banack, Incorporated

745 East Mulberry Ave. Suite 700 

San Antonio, Texas 78212 

Tel. 210-736-6600 

gspencer@langleybanack.com

Patrick Autry, pro se 

Branscomb PLLC 

8023 Vantage, Suite 560 

San Antonio, TX 78230 

(210) 598-5400 (main number)

(210) 598-5401 (direct line)

(210) 598-5405 (fax)

pautry@branscomblaw.com

[Continues on next page.] 

Case 5:20-cv-00541 Document 1 Filed 05/01/20 Page 4 of 5
Johnny Thomas, pro se 

Johnny W. Thomas Law Offices, P.C. 

1149 East Commerce, Suite 104 

San Antonio, Texas 78205 

P: 210-226-5888 

F: 210-226-6085 

johnny@johnnythomaslaw.com 

/s/ Faith Johnson Lowry 

FAITH JOHNSON LOWRY

Assistant United States Attorney

Case 5:20-cv-00541 Document 1 Filed 05/01/20 Page 5 of 5