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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

THOMAS A. HARTSWICK

VS.

COSTCO WHOLESALE CORPORATION

d/b/a COSTCO

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CIVIL ACTION NO. 5:20-cv-635

DEFENDANT’S NOTICE OF REMOVAL

TO THE HONORABLE JUDGE OF THE UNITED STATES DISTRICT COURT FOR 

THE WESTERN DISTRICT OF TEXAS, SAN ANTONIO DIVISION:

COSTCO WHOLESALE CORPORATION d/b/a COSTCO (COSTCO), files this Notice 

of Removal under 28 U.S.C. §§ 1441, 1446, and 1332, and shows the following:

I.

INTRODUCTION

1.1 On March 24, 2020, Plaintiff THOMAS A. HARTSWICK filed a personal injury 

lawsuit in the 131st District Court of Bexar County, Texas, against Defendant Costco in Cause 

No. 2019CI06094. Plaintiff alleges that he suffered injuries because of sitting on a display at 

Costco which allegedly collapsed and resulted in his fall at the Costco warehouse located at 5611 

UTSA Boulevard, San Antonio, Bexar County, Texas, 78249. See Exhibit A, Plaintiff’s Original 

Petition, Paragraphs 5.1, 5.2, and 5.3. Plaintiff’s petition alleges “serious personal injury to her 

[sic] body generally. Id. at Paragraph 6.1. His damage claims include past and future medical 

expenses, past and future physical pain, past and future mental anguish, past and future physical 

impairment, past and future disfigurement, past lost wages or wage earning capacity, and lost 

earning capacity or lost wages in the future. Id. at Paragraphs 6.1.1 through 6.1.13. 

1.2 The state court action is one over which this Court has original jurisdiction under 

the provisions of 28 U.S.C. §1332, and is one which may be removed to this Court by Defendant 

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pursuant to the provisions of 28 U.S.C. §1441, in that it is a civil action wherein the matter in 

controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs, and is between 

citizens of different states. 

1.3 Service of Citation of Plaintiff’s Original Petition on Defendant Costco was 

executed on April 27, 2020. See Exhibit B, Process Server Delivery Details.

1.4 Defendant Costco filed their Original Answer in the state court action on May 14, 

2020. See Exhibit C, Defendant Costco Wholesale Corporation’s Original Answer to Plaintiff’s 

Original Petition.

1.5 Defendant Costco filed their Demand for Jury Trial in the state court action on May 

14, 2020. See Exhibit D, Defendant’s Demand for Jury Trial; Exhibit E, State Court Docket Sheet. 

II.

THE PARTIES

2.1 Plaintiff is a Texas citizen, with his residence in Bexar County, Texas, at the time 

this action commenced. See Exhibit A, Plaintiff’s Original Petition, Paragraph 2.1.

2.2 Defendant Costco is a Washington Corporation with its principal place of business 

in the State of Washington. See Exhibit F, Franchise Tax Account Status, Office of Texas 

Comptroller. 

III.

PROCEDURAL REQUIREMENTS FOR REMOVAL

3.1 Removal is timely, as this notice is filed within thirty (30) days of service on 

Defendant of summons and Plaintiff’s Original Petition on April 27, 2020. 28 U.S.C. §1446(b)(1).

3.2 Upon filing of this Notice of Removal, written notice of the filing is being given by 

Defendant Costco to Plaintiff and Plaintiff’s counsel as required by law. A copy of this Notice is 

also being filed with the Clerk of the Court in Bexar County, Texas, where the cause was originally 

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filed. See Exhibit G, Defendant’s Notice of Filing of Notice of Removal. A copy of all processes, 

pleadings, and orders have been filed separately with this Court pursuant to 28 U.S.C. §1446(a). 

IV.

VENUE

4.1 Venue in this district is proper because the Western District of Texas, San Antonio 

Division, includes Bexar County where the alleged incident occurred and where the original 

lawsuit is pending. See Exhibit A, Plaintiff’s Original Petition, Paragraph 4.1; 28 U.S.C. §1441(a).

V.

JURISDICTIONAL BASIS FOR REMOVAL

5.1 Removal is proper pursuant to 28 U.S.C. §1332 because there is complete diversity 

between the parties and the amount in controversy exceeds $75,000.00. 

5.2 Defendant Costco is not a citizen or resident of the state of Texas.

5.3 Defendant Costco is a Washington Corporation with its principal place of business 

in the State of Washington. 

5.4 The injuries Plaintiff alleges in his Original Petition are substantial, including her 

[sic] body generally. See supra, at §1.1. Plaintiff pleaded extensive damages, including past and 

future elements of each damage category. See id. Thus, it is clear on the face of his petition that 

the amount in controversy in this case exceeds $75,000. See Exhibit A, Plaintiff’s Original Petition, 

Paragraph 6.2; 28 U.S.C. §1446(c)(2). 

VI.

JURY DEMAND

6.1 Defendant Costco filed a jury demand in their state court Original Answer. 

Defendant Costco hereby asserts its rights under the Seventh Amendment to the U.S. Constitution 

and demands, in accordance with Federal Rule of Civil Procedure 38, a trial by jury on all issues. 

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VII.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant Costco Wholesale Corporation

d/b/a Costco prays that this Notice of Removal be deemed sufficient and that proceedings attached 

hereto be removed from the 131st District Court of Bexar County, Texas, to the docket of this 

Honorable Court.

Dated: May 27, 2020

Respectfully submitted,

SHELTON & VALADEZ, P.C.

600 Navarro, Suite 500

San Antonio, Texas 78205 

rvaladez@shelton-valadez.com

kwrubel@shelton-valadez.com

Telephone: (210) 349-0515

Telecopier: (210) 349-3666 

By:

 ROBERT A. VALADEZ

 State Bar No. 20421845

 KENNEY J. WRUBEL

 State Bar No. 24044010

 COUNSEL FOR DEFENDANT

 COSTCO WHOLESALE CORPORATION

 d/b/a COSTCO

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CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foregoing was served by certified 

mail return receipt requested in accordance with Federal Rules of Civil Procedure on the 27th day 

of May 2020, to:

VIA ECF

Manuel C. Maltos

MALTOS LAW FIRM, PLLC

8600 Wurzbach Road, Suite 702

San Antonio, Texas 78240

manuel@maltoslaw.com

denise@maltoslaw.com

German Cantu

CANTU LAW FIRM, PLLC

8600 Wurzbach Road, Suite 702

San Antonio, Texas

gcantu@thecantulawfirm.com

ROBERT A. VALADEZ

KENNEY J. WRUBEL

Case 5:20-cv-00635 Document 1 Filed 05/27/20 Page 5 of 6
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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

THOMAS A. HARTSWICK

VS.

COSTCO WHOLESALE CORPORATION

d/b/a COSTCO

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CIVIL ACTION NO. 5:20-cv-635

INDEX OF DOCUMENTS FILED WITH REMOVAL

A. Plaintiff’s Original Petition

B. Process Server Delivery Details 

C. Defendant Costco Wholesale Corporation’s Original Answer to Plaintiff’s Original 

Petition

D. Defendant’s Demand for Jury Trial

E. State Court Docket Sheet. 

F. Franchise Tax Account Status, Office of Texas Comptroller

G. Defendant’s Notice of Filing of Notice of Removal

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