NOTICE OF REMOVAL OF ACTION Page 3 of 7 

Tipton International, Inc. v. Vetbizcorp LLC et al.

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

TIPTON INTERNATIONAL, INC. § 

§ 

PLAINTIFF, § 

§ 

v. C § IVIL ACTION NO. 6:20-cv-554 

§ 

VETBIZCORP LLC AND § 

SAMUEL CODY § 

§ 

DEFENDANTS. § 

DEFENDANTS’ VETBIZCORP, LLC AND SAMUEL CODY’S

NOTICE OF REMOVAL OF ACTION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Defendants VETBIZCORP, LLC and SAMUEL CODY (“Defendants”) and files 

this Notice of Removal of Action (“Notice of Removal”) and state:

I. STATEMENT OF THE CASE

1. On February 7, 2020, Plaintiff Tipton International, Inc. (“Plaintiff”) filed an Original

Petition against Defendants in the lawsuit styled Tipton International, Inc. v. Vetbizcorp, LLC and Samuel 

Cody, Cause No. 2020-479-5; pending in the District Court of the 414th Judicial District of McLennan 

County, Texas. Plaintiff’s Original Petition asserted claims against Defendants for breach of contract 

and attorney’s fees.

2. At the time of the filing of the state court action and at the time of the filing of the

Notice of Removal, Plaintiff was and is a citizen of the State of Texas. Plaintiff resides and does 

business in McLennan County, Texas. 
NOTICE OF REMOVAL OF ACTION Page 4 of 7 

Tipton International, Inc. v. Vetbizcorp LLC et al.

3. Defendant Vetbizcorp, LLC was, at the time of the filing of this action, and still is, a

foreign limited liability company organized and existing under the laws of the state of Nevada, whose 

home office is located in North Carolina. 

4. Defendant Samuel Cody is an individual nonresident of Texas, whose residence is

located in North Carolina. 

II. REMOVAL BASED ON DIVERSITY

5. This is a civil action of which the Court has original jurisdiction under 28 U.S.C. §1332

and is one which may be removed pursuant to the provisions of 28 U.S.C. §1441(b) where the matter 

in controversy exceeds the sum of $75,000, exclusive of interest and costs (as demonstrated in 

Plaintiff’s Original Petition) and is between citizens of different states.

III. AMOUNT IN CONTROVERSY REQUIREMENT SATISFIED

6. Plaintiff’s Original Petition states that Plaintiff seeks monetary relief over $100,000 but

not more than $200,000, which satisfies the amount in controversy requirement of 28 U.S.C. §1441(b). 

See Exhibit No. 1, p. 1.

IV. TIMELINESS OF REMOVAL

7. Removal is timely under 28 U.S.C. §1446(b) because less than thirty (30) days have

passed since Plaintiff’s Original Petition was served upon Defendants Vetbizcorp, LLC and Samuel 

Cody. Specifically, Plaintiff served Defendants by certified mail, return receipt requested through the 

Texas Secretary of State. Defendants received service of process of Plaintiff’s Original Petition from 

the Texas Secretary of State on May 27, 2020. 

V. ATTACHMENT OF STATE COURT PLEADINGS

8. A true and correct copy of all process, pleadings and orders, including the Plaintiff’s

Original Petition, that were filed in this case during the pendency of proceedings in state court are 
NOTICE OF REMOVAL OF ACTION Page 5 of 7 

Tipton International, Inc. v. Vetbizcorp LLC et al.

attached as Exhibit No. 1 and incorporated by reference herein. There have been no other 

proceedings in state court. 

VI. NOTICE OF REMOVAL GIVEN TO STATE COURT

9. This Notice of Removal is being filed with the 414th Judicial District Court of

McLennan County, Texas on the date of this filing with the United States District Court for the 

Western District of Texas, Waco Division. A copy of the notice provided to the state court is attached 

to Exhibit No. 1 in support of this Notice of Removal. 

VII. NON-WAIVER

10. Nothing in this Notice of Removal is intended as a waiver or relinquishment of

Defendants’ right to assert any defense or affirmative matter. 

VIII. PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendants respectfully request that further 

proceedings in the state court action be discontinued, that Case No. 2020-479-5, filed and pending in 

the District Court of the 414th Judicial District, McLennan County, Texas, be removed to the United 

States District Court for the Western District of Texas, Waco Division, and that this Court assume 

full jurisdiction over this action as provided by law. 
NOTICE OF REMOVAL OF ACTION Page 6 of 7 

Tipton International, Inc. v. Vetbizcorp LLC et al.

Dated: June 22, 2020

Respectfully submitted, 

JOHNSON HOBBS SQUIRES, LLP

/s/ Ryan C. Johnson 

_______________________________ 

Ryan C. Johnson

State Bar No. 24048574

Aaron M. Wilkerson

State Bar No. 24047104

The Roosevelt Tower

400 Austin Avenue, Suite 903

Waco, Texas 76701

(254) 732-2242

(866) 627-3509 facsimile

rjohnson@jhsfirm.com

awilkerson@jhsfirm.com 

ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing pleading has been 

served on all counsel of record pursuant to the Federal Rules of Civil Procedure on this the 22nd day 

of June 2020, as follows:

MARCUS MATAGA

PAKIS, GIOTES, PAGE & BURLESON, P.C.

400 Austin Ave., Ste. 400

P.O. Box 58

Waco, Texas 76703

mataga@pakislaw.com

ATTORNEYS FOR PLAINTIFF

/s/ Ryan C. Johnson_______________ 

Ryan C. Johnson
EXHIBIT 1
NOTICE OF REMOVAL OF ACTION Page 1 of 7 

Tipton International, Inc. v. Vetbizcorp LLC et al.

CAUSE NO. 2020-479-5 

TIPTON INTERNATIONAL, INC. § IN THE DISTRICT COURT

§ 

PLAINTIFF, § 

§ 

v. § OF MCLENNAN COUNTY

§ 

VETBIZCORP LLC AND § 

SAMUEL CODY § 

§ 

DEFENDANTS. § 414TH JUDICIAL DISTRICT

DEFENDANTS’ NOTICE OF REMOVAL TO FEDERAL COURT

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Defendants VETBIZCORP LLC and SAMUEL CODY (“Defendants”) and give 

notice to the 414th Judicial District Court of McLennan County, Texas, that Cause No. 2020-479-5 

has been removed to the United States District Court for the Western District of Texas, Waco 

Division. A copy of the Notice of Removal of Action, which is being filed with the Federal Court, is 

attached as Exhibit “A” to this notice. 

Defendants further certify that counsel for Plaintiff has been notified of this removal and has 

been served a copy of this Notice of Removal of Action. 
NOTICE OF REMOVAL OF ACTION Page 2 of 7 

Tipton International, Inc. v. Vetbizcorp LLC et al.

Dated: June 22, 2020

Respectfully submitted, 

JOHNSON HOBBS SQUIRES, LLP

/s/ Ryan C. Johnson 

_______________________________ 

Ryan C. Johnson

State Bar No. 24048574

Aaron M. Wilkerson

State Bar No. 24047104

The Roosevelt Tower

400 Austin Avenue, Suite 903

Waco, Texas 76701

(254) 732-2242

(866) 627-3509 facsimile

rjohnson@jhsfirm.com

awilkerson@jhsfirm.com 

ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing pleading has been 

served on all counsel of record pursuant to the Federal Rules of Civil Procedure on this the 22nd day 

of June 2020, as follows:

MARCUS MATAGA

PAKIS, GIOTES, PAGE & BURLESON, P.C.

400 Austin Ave., Ste. 400

P.O. Box 58

Waco, Texas 76703

mataga@pakislaw.com

ATTORNEYS FOR PLAINTIFF

/s/ Ryan C. Johnson_______________ 

Ryan C. Johnson