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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

MOSES SIMPKINS 

PLAINTIFF, 

v. 

WAL-MART STORES TEXAS, LLC 

DEFENDANT. 

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CIVIL ACTION NO. _______________ 

NOTICE OF REMOVAL 

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, WAL-MART STORES TEXAS, LLC (“Defendant or Wal-Mart”) and 

files this Notice of Removal pursuant to 28 U.S.C. §§ 1441 and 1332. 

I. 

INTRODUCTION 

1. Pursuant to 28 U.S.C. § 1441, et seq., this civil action is removed from the 95th

Judicial District Court, Dallas County, Texas, where this matter was pending under Cause No. 

DC-22-00481, in a matter styled Moses Simpkins v. Wal-Mart Stores Texas, LLC (the “State 

Court Action”). 

II. 

NATURE OF THE SUIT 

2. Plaintiff brings this lawsuit under theories of premises liability, negligence and 

grossly negligent conduct based on an alleged personal injury on Defendant’s premises. See 

Plaintiff’s Original Petition, at ¶¶ 9-20. Plaintiff alleges that on or about November 27, 2020, 

Plaintiff was attempting to purchase a television and asked a Walmart Associate to provide him 

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with a cart and assist him with checkout. The Walmart Associate allegedly refused and Plaintiff 

attempted to carry the television and fell to the floor causing injuries and damages. Id. at ¶ 8. 

Defendant timely filed its Original Answer, denying Plaintiff’s allegations and asserting its 

affirmative defenses. See Defendant’s Original Answer. 

III. 

TIMELINESS OF REMOVAL 

3. Plaintiff commenced this lawsuit by filing her Original Petition on January 13, 

2022. Defendant Wal-Mart accepted service on February 8, 2022 through its agent, CT 

Corporation System. This removal is timely because it is filed within 30 days after Wal-Mart 

was served. 28 U.S.C. § 1446.1

IV. 

BASIS FOR REMOVAL JURISDICTION 

4. Removal is proper under 28 U.S.C. §§ 1441 and 1332 because there is complete 

diversity of citizenship between Plaintiff and Defendant, and the amount in controversy exceeds 

$75,000, exclusive of interest and costs. 

5. Plaintiff is domiciled in the state of Texas and therefore is a citizen of Texas. 

6. Plaintiff sued Defendant Wal-Mart Stores Texas, LLC, which is now and was at 

the time of filing of this action a Delaware Limited Liability Company with its principal place of 

business in Arkansas. The citizenship of an LLC is the same as the citizenship of all of its 

members. Harvey v. Grey Wolf Drilling, Co., 542 F.3d 1077, 1080 (5th Cir. 2008). Wal-Mart 

Real Estate Business Trust is the sole member of Wal-Mart Stores Texas, LLC. 

7. Wal-Mart Real Estate Business Trust is a statutory business trust organized under 

 

1

 Per Federal Rule of Civil Procedure 6(a)(1)(C), if the last day of a period falls on a legal holiday, the period 

continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. 

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the laws of the State of Delaware with its principal place of business in Arkansas. The 

citizenship of a statutory trust is the citizenship of its members, which includes its shareholders. 

Americold Realty Tr. v. Conagra Foods, Inc., 136 S. Ct. 1012, 1016 (2016); Bynane v. Bank of 

New York Mellon for CWMBS, Inc. Asset-Backed Certificates Series 2006-24, 866 F.3d 351, 358 

(5th Cir. 2017); U.S. Bank Tr., N.A. v. Dupre, 615CV0558LEKTWD, 2016 WL 5107123, at *4 

(N.D.N.Y. Sept. 20, 2016) (finding that a Delaware statutory trust “seems precisely like the type 

[of trust] considered by the Supreme Court in Americold”). The sole unit/shareholder of WalMart Real Estate Business Trust is Wal-Mart Property Co. 

8. A corporation is “‘a citizen of every State and foreign state by which it has been 

incorporated and of the State or foreign state where it has its principal place of business.’” 

MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019) (quoting 28 

U.S.C. § 1332(c)(1)). Wal-Mart Property Co. is an incorporated entity under the laws of the 

State of Delaware with its principal place of business in Arkansas. Therefore, Wal-Mart 

Property Co. is a citizen of Delaware and Arkansas. Wal-Mart Property Co. is also a wholly 

owned subsidiary of Wal-Mart Stores East, LP. 

9. Wal-Mart Stores East, LP is a Delaware limited partnership. The citizenship of a 

limited partnership, for diversity jurisdiction purposes, is based upon the citizenship of each of 

its partners. Harvey, 542 F.3d at 1079. WSE Management, LLC is the general partner of WalMart Stores East, LP, and WSE Investment, LLC is the limited partner. The citizenship of these 

LLCs is determined by the citizenship of each of its members. See id. at 1080. The sole member 

of WSE Management, LLC and WSE Investment, LLC is Wal-Mart Stores East, LLC (f/k/a 

Wal-Mart Stores East, Inc.). 

10. Wal-Mart Stores East, LLC is a limited liability company formed under the laws 

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of the State of Arkansas and has its principal place of business in Arkansas. The citizenship of 

an LLC is the same as the citizenship of all of its members. Id. The sole member of Wal-Mart 

Stores East, LLC is Walmart Inc. (f/k/a Wal-Mart Stores, Inc.). 

11. Wal-Mart Inc. is an incorporated entity under the laws of the State of Delaware 

and has its principal place of business in Arkansas. Therefore, Wal-Mart Inc. is a citizen of 

Delaware and Arkansas. See MidCap Media Fin., L.L.C., 929 F.3d at 314. 

12. Accordingly, for diversity purposes, Defendant Wal-Mart Stores Texas, LLC is a 

citizen of Delaware and Arkansas. 

13. Thus, this lawsuit is between citizens of different states, and there is complete 

diversity of citizenship between Plaintiff and Wal-Mart Stores Texas, LLC pursuant to 28 U.S.C. 

§ 1332. 

14. Plaintiff seeks past and future physical pain and suffering, past and future mental 

anguish, past and future physical impairment, past and future loss of wages, past and future loss 

of earning capacity, past and future disfigurement, past and future medical expenses and all other 

relief, in law and in equity, to which Plaintiff may be entitled. See Plaintiff’s Original Petition, 

¶¶ 21-28. 

15. Plaintiff seeks monetary relief over $250,000.00 but not more than $1,000,000.00. 

Id. at ¶ 31. Thus, the amount in controversy exceeds the jurisdictional minimum for removal to 

this Court. 

V. 

THIS NOTICE IS PROCEDURALLY CORRECT 

16. Based on the aforementioned facts, the State Court Action may be removed to this 

Court by Defendant Wal-Mart Stores Texas, LLC in accordance with the provisions of 28 U.S.C. 

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§ 1441(a) because: (i) this action is a civil action pending within the jurisdiction of the United 

States District Court for the Northern District of Texas; (ii) this action is between citizens of 

different states; and (iii) the amount in controversy exceeds $75,000, exclusive of interest and 

costs as specifically plead in Plaintiff’s Original Petition. 

17. Defendant has attached to this Notice of Removal the documents required by 28 

U.S.C. § 1446(a) as follows: 

A. Docket Sheet in the State Court Action; 

B. Index of all documents filed in the State Court Action; and 

C. Copies of all process, pleadings and orders filed in State Court. 

18. Defendant also is filing with the Notice of Removal a completed Civil Cover 

Sheet, a Supplemental Civil Cover Sheet and a Certificate of Interested Persons. 

19. Defendant retains the right to supplement the jurisdictional allegations by 

affidavit, declaration, or otherwise should Plaintiff challenges the allegations in a motion to 

remand or other filing. 

20. In accordance with 28 U.S.C. § 1446(d), written notice of the filing of this Notice 

of Removal will be given to all parties and to the Clerk of the 95th Judicial District Court, Dallas 

County Court, where this matter was pending under Cause No. DC-22-00481, in a matter styled 

Moses Simpkins v. Wal-Mart Stores Texas, LLC.

21. A jury trial has been demanded in the State Court Action by Defendant. 

22. Trial has not commenced in the 95th Judicial District Court, Dallas County, Texas. 

VI. 

CONCLUSION 

23. Because diversity jurisdiction exists over Plaintiff’s claim as set forth in 

Plaintiff’s Original Petition, Defendant desires and is entitled to remove the lawsuit filed in the 

95th Judicial District Court, Dallas County, Texas to the United States District Court for the 

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Northern District of Texas, Dallas Division. 

WHEREFORE, PREMISES CONSIDERED, Defendant Wal-Mart Stores Texas, LLC 

(incorrectly named Wal-Mart Stores, Inc.), files this Notice of Removal pursuant to and in 

conformance with the statutory requirements, and removes this action from the 95th District 

Court, Dallas County, Texas. 

FURTHER, Defendant prays that Plaintiff take nothing by this suit against Defendant, 

that Defendant be discharged, and that the Court grant such other and further relief, both general 

and special, at law and in equity to which Defendant may be justly entitled. 

Respectfully submitted, 

COOPER & SCULLY, P.C.

By: /s/ Derek S. Davis 

DEREK S. DAVIS 

Texas Bar No. 00793591 

Email: Derek.Davis@CooperScully.com 

ZACH W. TOUPS 

Texas Bar No. 24123536 

Email: Zach.Toups@CooperScully.com 

900 Jackson Street, Suite 100 

Dallas, Texas 75202 

Telephone: (214) 712-9500 

Facsimile: (214) 712-9540 

ATTORNEYS FOR DEFENDANT 

WAL-MART STORE TEXAS LLC 

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CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing document was served on all 

counsel of record named below, via facsimile, certified mail/return receipt request, electronic 

mail, and/or e-service on this 10th day of March, 2022. 

Jeffrey N. Todd 

Email: jeff@jefftoddlaw.com 

The Todd Law Group 

12929 Gulf Freeway, Suite 301 

Houston, Texas 77034 

Telephone: (832) 243-4953 

Facsimile: (713) 583-7818 

ATTORNEY FOR PLAINTIFF 

/s/ Derek S. Davis 

DEREK S. DAVIS 

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