DEFENDANT CITIBANK, N.A.’S NOTICE OF REMOVAL Page 1 

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

KIMBERLY M. SHELTON,

Plaintiff, 

v. 

CITIBANK, N.A.

Defendant. 

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CIVIL ACTION NO. 3:22-cv-00730 

DEFENDANT CITIBANK, N.A.’S NOTICE OF REMOVAL 

TO THE CLERK OF THE ABOVE-ENTITLED COURT, ALL PARTIES, AND THEIR 

ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that Defendant Citibank, N.A. (“Citibank”) hereby removes 

the state court civil action originally numbered and styled as Case No. JS22-00041E Kimberly M. 

Shelton v. Citibank, N.A. in the Justice Court Precinct 2 Place 2 for Dallas County, Texas (the 

“State Court Action”), to the United States District Court for the Northern District of Texas, 

Dallas Division. Removal is based on federal question jurisdiction, 28 U.S.C. § 1331, and 

authorized by 28 U.S.C. § 1441. This removal is made subject to and without waiver of Citi’s 

contractual right to compel arbitration. As grounds for this removal, Citibank respectfully 

states the following:

I. STATEMENT OF THE STATE COURT ACTION

1. On or about February 8, 2022, Kimberly M. Shelton (“Plaintiff”) filed the State

Court Action against Citibank. A true and correct copy of Plaintiff’s Original Petition in the State 

Court Action (“Petition” or “Pet.”) is included in the appendix attached hereto as Exhibit B-1. 

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DEFENDANT CITIBANK, N.A.’S NOTICE OF REMOVAL Page 2 

2. On or about March 1, 2022, Defendant Citibank was served with Plaintiff’s 

Petition filed the State Court Action by personal service. A true and correct copy of the Return 

of Service is included in the appendix attached hereto as Exhibit B-3. 

3. On or about March 15, 2022, Defendant Citibank timely filed an Original Answer 

in the State Court Action. A true and correct copy of Defendant’s Original Answer in the State 

Court Action (“Answer”) is included in the appendix attached hereto as Exhibit B-4.

II. TIMELINESS OF NOTICE OF REMOVAL

4. Pursuant to 28 U.S.C. § 1446(b)(1), the deadline to file this Notice of Removal is 

within thirty days “after receipt by the defendant, through service or otherwise, of a copy of the 

initial pleading setting forth the claim for relief upon which such action or proceeding is based

...” See City of Clarksdale v. Bell-South Telecomms., Inc., 428 F.3d 206, 210 (5th Cir. 2005). 

Accordingly, as this Notice of Removal is being filed on March 30, 2022, it is being filed within 

the thirty-day statutory deadline and is therefore timely. See 28 U.S.C. § 1446(b). 

III. BASIS FOR REMOVAL – FEDERAL QUESTION JURISDICTION

5. Removal is proper because the State Court Action alleges violations of the

Telephone Consumer Protection Act, 47 U.S.C. 227 et seq., federal law over which this Court 

has original jurisdiction pursuant to 28 U.S.C. § 1331. See Pet. ¶¶ 55-66 (alleging violations of 

the Telephone Consumer Protection Act). 

6. This Court also has supplemental jurisdiction over Plaintiff’s state-law claims for 

violations of the Texas Debt Collection Act because they are part of the same case or controversy 

as her other claims for relief.1

 

1 See Enochs v. Lamps Cnty., 641 F.3d 155, 158 (5th Cir. 2011) (discussing the power of the 

federal courts to exercise supplemental jurisdiction over state law claims under 28 U.S.C. § 

1367(a)). 

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DEFENDANT CITIBANK, N.A.’S NOTICE OF REMOVAL Page 3 

IV. THE REQUIREMENTS OF LOCAL RULE 81 FOR REMOVAL ARE 

SATISFIED

7. In accordance with 28 U.S.C. § 1446(a) and Rule 81.1 of the Local Rules for the 

United States District Court for the Northern District of Texas, an appendix with the following 

documents is attached to this Notice:2

Reference Document Name

Exhibit A Index of State Court Action Documents

Exhibit B Documents Filed in State Court Action

Exhibit B-1 Plaintiff’s Original Petition 

Exhibit B-2 Citation issued to Defendant Citibank, N.A. 

Exhibit B-3 Return of Service 

Exhibit B-4 Defendant Citibank, N.A.’s Original Answer

Exhibit C Certificate of Interested Persons

8. In accordance with Local Rule 81.1(a) subparts (1) and (2), Defendant is filing a 

completed civil cover sheet and a supplemental civil cover sheet with this Notice.

V. THE ADDITIONAL REQUIREMENTS FOR REMOVAL ARE SATISFIED

9. Venue is proper in the United States District Court for the Northern District of 

Texas, Dallas Division, because this district and division includes Dallas County, Texas, the 

location where the State Court Action is pending. See 28 U.S.C. § 124(a)(1).

10. None of the exceptions to removal under 28 U.S.C. § 1445 applies here. 

2 The Justice Court Precinct 2 Place 2 of Dallas County does not create docket sheets for cases 

assigned to it and therefore one is not included with this filing. The undersigned counsel certifies 

that all filings made in the State Court Action are included in the attached appendix and has 

prepared an index of the documents given the lack of a docket sheet (see Exhibit A).

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11. Defendant Citibank has complied with the requirements of 28 U.S.C. § 1446 as 

set forth in this Notice of Removal.

12. Pursuant to 28 U.S.C. § 1446(d), Defendant Citibank will promptly serve written 

notice of this Notice of Removal on Plaintiff and file the same with the Clerk of the Court for the 

Justice Court Precinct 2 Place 2.

13. Pursuant to 28 U.S.C. § 1446(a), this Notice of Removal is signed pursuant to 

Federal Rules of Civil Procedure 11.

14. By this Notice of Removal, Defendant Citibank does not waive and expressly 

reserves its contractual right to compel arbitration, any objections or defenses it may have as to 

improper service, jurisdiction, or venue, or any other defenses or objections to this action. 

Defendant Citibank intends no admission of fact, law, or liability by this Notice of Removal, and 

reserves all defenses, motions, and pleas.

WHEREFORE, having satisfied the requirements for removal, Defendant Citibank 

gives notice that Case No. JS22-00041E, originally filed in the Justice Court Precinct 2 Place 2 

Dallas County, Texas, has been removed to this Court. Defendant Citibank further requests any 

additional relief to which it may be justly entitled.

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DEFENDANT CITIBANK, N.A.’S NOTICE OF REMOVAL Page 5 

DATE: March 30, 2022 

Respectfully submitted,

/s/ Meagan Martin Powers______ 

Meagan Martin Powers

State Bar No. 24050997 

Katherine M. Anand

State Bar No. 24050223 

M. Angelita Delgadillo

State Bar No. 24072507 

MARTIN POWERS & COUNSEL, PLLC 

600 E. John Carpenter Freeway, Suite 234 

Irving, Texas 75062 

Telephone: (214) 612-6474 

Facsimile: (214) 247-1155 

meagan@martinpowers.com 

katie@martinpowers.com

angelita@martinpowers.com 

COUNSEL FOR DEFENDANT 

CITIBANK, N.A.

CERTIFICATE OF SERVICE

I hereby certify that on this the 30th day of March 2022, a true and correct copy of

Defendant Citibank, N.A.’s Notice of Removal was served on Plaintiff in the State Court Action 

thru the Court’s electronic filing system. 

/s/ M. Angelita Delgadillo

M. Angelita Delgadillo

 

 

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