4735219 

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

JAYDEN BREWER, 

 Plaintiff, 

v. 

YAMAHA MOTOR CORPORATION, 

U.S.A., and YAMAHA MOTOR CO., 

LTD., 

 Defendants. 

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CIVIL ACTION NO. 5:20-cv-20-663 

DEFENDANT YAMAHA MOTOR CORPORATION, U.S.A.’S 

NOTICE OF REMOVAL 

Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, Defendant Yamaha Motor 

Corporation, U.S.A. (“YMUS”) files this Notice of Removal, and hereby removes the 

above-entitled lawsuit from the 433rd Judicial District Court of Comal County, Texas, to 

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

As grounds for removal, YMUS shows the following: 

COMPLIANCE WITH 28 U.S.C. § 1446(a) 

1. Pursuant to 28 U.S.C. § 1446(a), YMUS includes the following index of 

matters being filed with this Notice of Removal: 

Exhibit 1: The state court docket sheet 

Exhibit 2: Plaintiff’s Original Petition (“Petition”) 

Exhibit 3: CT Corp. – Service of Process Transmittal to 

Yamaha Motor Corporation, U.S.A. 

Exhibit 4: YMUS’s Original Answer 

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Exhibit 5: Yamaha Motor Co., Ltd.’s (“YMC”) Consent 

to Removal 

THE PARTIES 

2. Plaintiff is a Texas citizen, and no defendant is a Texas citizen. Complete 

diversity of citizenship has existed from the time Plaintiff filed the underlying state court 

action on April 28, 2020 until now. 

A. Plaintiff 

3. “Plaintiff, Jayden Brewer, is a citizen of the State of Texas, and resides in 

Adkins, Bexar County, Texas.” See Ex. 2, Petition ¶ 1. 

B. Defendant 

4. Defendant Yamaha Motor Corporation, U.S.A. is a California corporation 

with its principal place of business in Cypress, California. See 28 U.S.C. § 1332(a), (c)(1). 

5. Defendant Yamaha Motor Co., Ltd. is a Japanese corporation with its 

principal place of business in Iwata, Japan. 28 U.S.C. § 1332(a), (c)(1). 

STATE COURT ACTION 

6. YMUS removes the state court action styled Jayden Brewer v. Yamaha 

Motor Corporation, U.S.A. & Yamaha Motor Co., Ltd., Cause No. C2020-0673-D, in the 

433rd Judicial District Court of Comal County, Texas. In this personal injury lawsuit, 

Plaintiff alleges she was a passenger on a 2018 Yamaha WaveRunner EX Sport (HIN 

YAMA0715E818) on Canyon Lake in Comal County, Texas when Plaintiff fell off the rear 

of the watercraft, sustaining severe injuries. Ex. 2, Petition ¶¶ 6-8. Against “Defendant,” 

Plaintiff asserts strict product liability, negligence, and breach of warranty causes of action. 

Id. ¶¶ 10-45. 

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REMOVAL PURSUANT TO DIVERSITY OF CITIZENSHIP 

7. YMUS removes this action pursuant to 28 U.S.C. § 1441(a). This Court has 

jurisdiction based on 28 U.S.C. § 1332(a) in that “the matter in controversy exceeds the 

sum or value of $75,000, exclusive of interest and costs, and is between citizens of different 

States” and “citizens or subjects of a foreign state.” 

A. Amount in Controversy 

8. “Plaintiff prays for judgment against Defendant, in an amount exceeding 

$1,000,000.00.” Ex. 2, Petition § IX. 

B. Diversity of Citizenship 

9. Plaintiff is a citizen of Texas. No defendant is a Texas citizen. YMUS is a 

California corporation with its principal place of business in Cypress, California. YMC is 

a Japanese corporation with its principal place of business in Iwata, Japan. Given the 

complete diversity of citizenship, this Court has jurisdiction under 28 U.S.C. § 1332(a), 

and removal is proper under 28 U.S.C. § 1441(a). 

PROCEDURAL REQUIREMENTS OF REMOVAL 

A. Timeliness 

10. This Notice of Removal has been timely filed because thirty days have not 

elapsed since Plaintiff served YMUS with the Petition on May 15, 2020. Ex. 3. Cf. 28 

U.S.C. § 1446(b)(1). 

11. Additionally, this case is being removed within one year of the 

commencement of the action, as required under 28 U.S.C. § 1446(c)(1). 

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B. Venue 

12. Plaintiff brought this action in the 433rd Judicial District Court of Comal 

County, Texas—located within the Western District of Texas, San Antonio Division. 28 

U.S.C. § 124(d)(4). Accordingly, venue is proper in this Court because it is the “district 

and division embracing the place where such action is pending.” 28 U.S.C. § 1441(a). 

C. Compliance with Notice Requirements 

13. Pursuant to 28 U.S.C. § 1446(d), YMUS will promptly give written notice of 

the filing of this Notice to Plaintiff, as well as promptly file a copy of the Notice of Removal 

with the clerk for the 433rd Judicial District Court of Comal County, Texas. 

D. Filing Fee 

14. A filing fee of $400 has been tendered to the Clerk of the United States 

District Court for the Western District of Texas, San Antonio Division. 

E. Consent to Removal 

15. The consent requirement only applies to “properly joined and served 

defendants.” 28 U.S.C. § 1446(b)(2)(A). “District courts in this circuit generally hold that 

‘joinder in or consent to the removal petition must be accomplished by only those 

defendants: (1) who have been served; and, (2) whom the removing defendant(s) actually 

knew or should have known had been served.’” Conner v. Juarez, No. SA:15-CV-416-

DAE, 2015 WL 4876530, at *7 (W.D. Tex. Aug. 13, 2015) (Ezra, J.) (quoting Milstead 

Supply Co. v. Casualty Ins. Co., 797 F. Supp. 569, 573 (W.D. Tex. 1992)). YMUS is not 

required to obtain YMC’s consent because YMC has not been properly served in 

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accordance with the Hague convention. Nevertheless, YMC consents to the removal. 

Ex. 4. 

F. Other Filings 

16. Pursuant to Federal Rule of Civil Procedure 7.1, YMUS has prepared and 

will file separately a corporate disclosure statement. 

G. Jury Demand 

17. Plaintiff and YMUS previously demanded a jury trial in state court. Ex. 2, 

Petition ¶ 52; Ex. 4, Answer ¶ 30. Cf. Fed. R. Civ. P. 81(c)(3)(A). 

H. Request for Leave to Amend 

18. In the event this Court subsequently identifies a defect in this Notice of 

Removal, YMUS respectfully requests the Court grant YMUS leave to amend this Notice 

and cure the defect. See, e.g., Silva v. Degs Wind I, LLC, No. CV 1:13-247, 2015 WL 

12743775, at *2-3 (S.D. Tex. Jan. 29, 2015); Bailon v. Landstar Ranger, Inc., 3:16-CV1022-L, 2016 WL 6565950, at *4 (N.D. Tex. Nov. 3, 2016) (citing In re Allstate Ins. Co., 

8 F.3d 219, 221 & n.4 (5th Cir. 1993)) (procedural defects may be cured by the filing of an 

amended notice of removal); Lafayette City-Parish Consol. Government v. Chain Elec. 

Co., No. 11-1247, 2011 WL 4499589, at *7 (W.D. La. Sept. 23, 2011) (explaining 

“defendants may freely amend the notice of removal required by section 1446(b).”). 

CONCLUSION 

Based on the foregoing, YMUS removes this case to this Court. This Notice of 

Removal is signed pursuant to Rule 11 of the Federal Rules of Civil Procedure, as required 

under 28 U.S.C. § 1446(a). 

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Respectfully submitted and signed pursuant to 

Federal Rule of Civil Procedure 11, 

By: /s/ Jeffrey S. Hawkins 

 Richard A. Mueller 

 (To Be Admitted Pro Hac Vice) 

 THOMPSON COBURN LLP 

505 N. Seventh St., One U.S. Bank Plaza 

St. Louis, Missouri 63101 

(314) 552-6084 Telephone 

(314) 552-7000 Telefax 

rmueller@thompsoncoburn.com 

-and- 

 Jeffrey S. Hawkins 

 State Bar No. 09249100 

 Ben T. Zinnecker 

 State Bar No. 24066504 

GERMER BEAMAN & BROWN PLLC 

301 Congress Avenue, Suite 1700 

Austin, Texas 78701 

(512) 472-0288 Telephone 

(512) 482-3520 Facsimile 

jhawkins@germer-austin.com 

bzinnecker@germer-austin.com 

ATTORNEYS FOR DEFENDANT, 

YAMAHA MOTOR CORPORATION, U.S.A. 

 

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CERTIFICATE OF SERVICE 

On the 3rd day of June, 2020, I electronically submitted the foregoing document 

with the clerk of court for the U.S. District Court, Western District of Texas, using the 

electronic case filing system of the court. I hereby certify that I have served the following 

counsel of record electronically and/or by another manner authorized by Federal Rule of 

Civil Procedure 5(b)(2). 

Brian M. Mazzola 

MAZZOLA LAW FIRM, PLLC 

505 W. Lucas Drive 

Beaumont, Texas 77706 

bmazzola@mazzolalawfirm.com 

Attorneys for Plaintiff

/s/ Jeffrey S. Hawkins

Jeffrey S. Hawkins

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