IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

LINDA GUINYARD

Plaintiff, 

vs. 

RANDALL’S FOOD & DRUGS, LP

 Defendant.

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Civil Action No. 

DEFENDANT’S NOTICE OF REMOVAL

Defendant Randall’s Food & Drugs, LP (“Defendant”) files this Notice of 

Removal pursuant to 28 U.S.C. §§ 1441 and 1446 and respectfully shows:

Commencement and Service

1. On February 22, 2022 (“Plaintiff”) commenced this action by filing an 

Original Petition (“State Court Petition”) in District Court, in the 67th Judicial 

District of Tarrant County, Texas. The case is styled Cause No. 067-332077-22; Linda 

Gurnyard vs. Albertsons Companies, Inc.; Albertsons, LLC; Randall’s Food & Drugs, 

LP; Randall’s Food Markets, Inc., Randall Properties, Inc.; and Safeway, Inc. d/b/a 

Tom Thumb.1

2. The Original Petition was served on all six of the corporate parties 

through CT Corporation System, 1999 Bryan St., Ste. 900, Dallas, Texas 75201. The 

only proper party to this lawsuit, Randalls Food & Drugs, LP, was served on 

February 25, 2022. The additional five improper parties were all served through CT 

Corporation System on February 25, 2022, including: Albertson’s LLC; Albertson’s 

1 See Exhibit A, Plaintiff’s Original Petition with citations. 

4:22-CV-219

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Companies, LLC; Randall Properties, Inc.; Randalls Food Markets, Inc.; and Safeway 

Inc. d/b/a Tom Thumb. 

3. Defendant Randall’s Food & Drugs, LP, along with the additional 

improper parties that were served, timely filed their Original Answer to Plaintiff’s 

Original Petition on March 18, 2022.2 Defendants’ Answer included a general denial, 

an assertion of the contractual right to arbitration, and appropriate affirmative 

defenses, one of which identified Randalls Food & Drugs, LP as the only proper party 

named in this matter. 

4. This Notice of Removal is filed within thirty days of the receipt of service 

of Plaintiff’s First Amended Petition to the proper and only current Defendant, 

Randall’s Food & Drugs, LP and is therefore considered timely pursuant to 28 U.S.C. 

§ 1446(b). This Notice of Removal is also filed within one year of the commencement 

of this action and is thus timely pursuant to 28 U.S.C. § 1446(c).

Grounds for Removal

5. Defendant is entitled to remove the state court action to this Court 

pursuant to 28 U.S.C. §§ 1332, 1441 and 1446 because this action is a civil action 

involving an amount in controversy exceeding $75,000.00 between parties with 

diverse citizenship. 

2 See Exhibit A, Defendant Randall’s Food & Drugs LP’s Original Answer and 

Affirmative Defenses. 

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Diversity of Citizenship

6. There is complete diversity of citizenship between Plaintiff and

Defendant.

7. Plaintiff is a citizen of Tarrant County, Texas.3

8. Defendant Randall’s Food & Drugs, LP is not a citizen of the State of 

Texas. Randall’s Food & Drugs, LP is a Delaware limited partnership with its 

principal place of business at 11555 Dublin Canyon Road, Pleasanton, California 

94588.4 

Amount in Controversy 

9. There is more than $75,000 alleged in controversy. Pursuant Plaintiff’s 

Original Petition, Plaintiff seeks more than $250,000 but less than $1,000,000 in 

damages.5

Venue

10. Venue lies in the Northern District of Texas, Fort Worth Division, 

pursuant to 28 U.S.C. §§ 1441(a) and 1446(a) because Plaintiff filed the action in this 

judicial district and division.

Notice

11. Defendant will give notice of the filing of this Notice of Removal to all 

parties of record pursuant to 28 U.S.C. § 1446(d). Defendant will also file with the 

3 See Exhibit A, Plaintiff’s Original Petition. 

4 See Exhibit D, Affidavit of Michael Dingel. 

5 See Exhibit A, Plaintiff’s Original Petition. 

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clerk of the state court and will serve upon Plaintiff’s counsel, a notice of the filing of 

this Notice of Removal. 

Exhibits to Notice of Removal

12. In support of this Notice of Removal and pursuant to 28 U.S.C. §1446(a), 

true and correct copies of the following documents are attached to this Notice as 

corresponding lettered exhibits:

A. Index with Docket Sheet and all pleadings, process, orders, and all other 

filings in the State Court Lawsuit – Exhibit A

B. Certificate of Interested Parties – Exhibit B

C. Notice of Filing Removal in State Court – Exhibit C

D. Certification of Michael Dingel - Exhibit D

Prayer

WHEREFORE, Defendant Randall’s Food & Drugs, LP, pursuant to the 

statutes cited herein and in conformity with the requirements set forth in 28 U.S.C. 

§ 1446, removes this action from the District Court of Travis County, Texas to this 

Court. 

Respectfully submitted,

By:__/s/_Trek Doyle____

Trek Doyle

State Bar No. 00790608

trek@doyleseelbach.com 

Ryan Hecht

State Bar No. 24120281

ryanh@doyleseelbach.com 

Doyle & Seelbach PLLC

7700 W. Highway 71, Ste. 250

Austin, Texas 78735

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512.960.4890 phone

doyleseelbach.com 

ATTORNEYS FOR DEFENDANT 

RANDALLS FOOD & DRUGS, LP

CERTIFICATE OF SERVICE

By my signature above, I hereby certify that a true and correct copy of the 

above and foregoing document has been served by electronic delivery to counsel 

identified below on this, the 25th day of March 2022. 

Gabriel A. Gonzalez

State Bar No. 24103735

Schechter, Shaffer & Harris, LLP

3200 Travis, 3rd Floor 

Houston, Texas 77006

713.524.3500 telephone

866.757.1011 fax

ggonzalez@smslegal.com 

ATTORNEYS FOR PLAINTIFF

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