NOTICE OF REMOVAL 1

UNITED STATES OF DISTRICT COURT 

OF THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

FELIPE JIMENEZ

Plaintiff,

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VS. §

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CIVIL ACTION NO. 

JESSE MEEKS AND 

CACTUS TANKS, LLC 

Defendants 

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NOTICE OF REMOVAL 

Defendant Cactus Tanks, LLC (“Defendant”) files this Notice of Removal of the abovestyled action pursuant to 28 U.S.C.§§ 1446(a) and would respectfully represent and show unto this 

Court the following:

A. Introduction

1. Pursuant to Local Rules 3.1 and 81.1, Defendants file their Civil Cover Sheet (Exhibit 

“A”). 

2. On or about December 8, 2021 Plaintiff Felipe Jimenez (“Plaintiff”) initiated a lawsuit in 

state court against Defendants in the 14th Judicial District Court of Dallas County, Texas styled 

Felipe Jimenez v. Jesse Meeks and Cactus Tanks, LLC, pending as Cause No. DC-21-17580 (“the 

state court action”). In the state court action, Plaintiff seeks actual damages for claims of 

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NOTICE OF REMOVAL 2

negligence and vicarious liability. Further, Plaintiff seeks attorney’s fees, actual damages, and 

statutory interest. See Plaintiff’s Original Petition, attached hereto as Exhibit “B”. 

3. The attorneys involved in the action being removed are listed as follows: 

Party and Party Type Attorney(s)

Felipe Jimenez - Plaintiff Griffin Scheumack 

Texas Bar No. 24097168

 Ben Abbott & Associates, PLLC 

 1934 Pendleton Dr. 

 Garland, TX 75041 

 (972) 263-5555 

 (817) 263-5555 

 (972) 682-7586 

 eService@benabbott.com 

 

 

 

Cactus Tanks, LLC - Defendant Randall G. Walters 

Texas Bar No. 20819480 

Walters, Balido & Crain, L.L.P. 

Meadow Park Tower 

10440 N. Central Expy, Suite 1500

Dallas, TX 75231 

Telephone (214) 749-4805 

Facsimile: (214) 760-1670 

 Randy.walters@wbclawfirm.com 

 

 

Jesse Meeks – Defendant Randall G. Walters 

Texas Bar No. 20819480 

Walters, Balido & Crain, L.L.P. 

Meadow Park Tower 

10440 N. Central Expy, Suite 1500

Dallas, TX 75231 

Telephone (214) 749-4805 

Facsimile: (214) 760-1670 

 Randy.walters@wbclawfirm.com 

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4. The name and address of the court from which the case is being removed is as follows: 

The Honorable Eric Moye

14th District Court

600 Commerce Street

5

th Floor 

Dallas, Texas 75202

214.653.6000

B. Notice of Removal Timely

5. Service has not been effectuated upon Defendant Cactus at this time; however, on January 

24, 2022, Defendant authorized counsel to answer in lieu of service. See Exhibit “C”. Pursuant to 

28 U.S.C. Section 1446(b), this Notice of Removal is filed within thirty (30) days Defendant’s 

initial appearance, through service or otherwise, of a copy of the initial pleading setting forth the 

claim for relief upon which the action or proceeding is based. Consequently, this Notice of 

Removal is timely.

C. Basis for Removal of Claims 

6. Pursuant to the state court action, Plaintiff is a citizen of the State of Texas. Defendant is 

now, and was at all times relevant hereto, a citizen of the State of Oklahoma, incorporated in the 

State of Oklahoma, and having its principal place of business in the State of Oklahoma. When a 

district court’s removal jurisdiction is based on diversity, removability is limited by the citizenship 

of its co-defendants. Delphis, L.P. v. NFLP Holdings, Ltd., 3:10-CV-01583-F, 2010 WL 

11561744, at *2 (N.D. Tex. Nov. 3, 2010). Co-defendant Meeks is also a resident of the State of 

Oklahoma. 

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NOTICE OF REMOVAL 4

7. Removal of Plaintiff’s claims is proper under 28 U.S.C. § 1332(a) because there is 

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

exclusive of interest, costs, and attorney’s fees. 

8. Plaintiff’s Original Petition alleges actual damages and seeks attorney’s fees and statutory 

interest. See Exhibit “B.” 

9. In determining the amount in controversy, the court may consider “policy limits ... 

penalties, statutory damages, and punitive damages.” St. Paul Reinsurance Co., Ltd. v. Greenberg, 

134 F.3d 1250, 1253 (5th Cir. 1998); see Ray v. State Farm Lloyds, No. CIV.A.3:98-CV-1288-G, 

1999 WL 151667, at *2-*3 (N.D. Tex. Mar. 10, 1999) (finding a sufficient amount in controversy 

in plaintiff’s case against their insurance company for breach of contract, fraud, negligence, gross 

negligence, bad faith, violations of the Texas Insurance Code, violations of the Texas Deceptive 

Trade Practices Act, and mental anguish); Fairmont Travel, Inc. v. George S. May Int’l Co., et al., 

75 F.Supp.2d 666, 668 (S.D. Tex. 1999) (considering DTPA claims and the potential for recovery 

of punitive damages for the amount in controversy determination); Chittick v. Farmers Ins. 

Exchange, 844 F.Supp. 1153, 1155 (S.D. Tex. 1994) (finding a sufficient amount in controversy 

after considering the nature of the claims, the types of damages sought, and the presumed net worth 

of the defendant in a claim brought by the insureds against their insurance company for actual and 

punitive damages arising from a claim they made for roof damages). 

D. Filing of Notice with State Court 

10. Promptly after filing this Notice of Removal, Cactus will give written notice of the removal 

to Plaintiff through its attorney of record and to the clerk of the state court action. 

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NOTICE OF REMOVAL 5

PRAYER

11. WHEREFORE, PREMISES CONSIDERED, Defendant Cactus Tanks, LLC requests that 

this Court proceed with the handling of this cause of action as if it had been originally filed herein, 

that this Court make such orders, if any, and take such action, if any, as may be necessary in 

connection with the removal of the state court action to this Court, and that it have such other and 

further relief to which it may show itself entitled.

Respectfully submitted, 

WALTERS, BALIDO & CRAIN, L.L.P.

BY: /s/ Randall G. Walters 

RANDALL G. WALTERS - 20819480 

Meadow Park Tower 

10440 N. Central Expy, Suite 1500 

Dallas, Texas 75231 

214/347-8381 - FAX 

214/347-8380 - DIRECT 

214/749-4805 - MAIN

Email: randy.walters@wbclawfirm.com

ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE

This is to certify that on the 23rd day of February, 2022, a true and correct copy of the above 

and foregoing was forwarded to all counsel of record in accordance with the Federal Rules of Civil 

Procedure.

/s/ Randall G. Walters 

RANDALL G. WALTERS 

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