Notice of Removal Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

MUSA SIDI MOHAMED, SIDI §

MOHAMED OMAR, and NURTA HASSAN §

MOHAMED, Individually and as Next §

Friend of F.S.M. and S.S.M, §

§

Plaintiffs, §

§ CASE NO. _______________________

v. §

§

UNITED DISPATCHING L.L.C. and §

GUARAMI KHARKHELAUR, §

§

Defendants. § 

NOTICE OF REMOVAL

TO THE HONORABLE JUDGE OF THE UNITED STATES DISTRICT COURT:

I.

UNITED DISPATCHING L.L.C., is defendant in a civil action brought on April 14, 

2022 in the 320th District Court in and for Potter County, Texas entitled “Musa Sidi Mohamed, 

Sidi Mohamed Omar, and Nurta Hassan Mahamed, Individually and as Next Friend of F.S.M. 

and S.S.M v. United Dispatching L.L.C. and Guarami Kharkhelauri” Cause No. 110921-D-CV. 

A copy of the citation on UNITED DISPATCHING L.L.C., and the petition in this action are 

attached as Exhibits 1 and 2, respectively, and constitute all process, pleading, and orders served 

on Defendant in the action.

II.

The citation and petition in this action were served on Defendant UNITED 

DISPATCHING L.L.C. on April 26, 2022, via service by certified mail to its agent in Bensalem,

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Notice of Removal Page 2

Pennsylvania. This notice of removal is filed within 30 days of receipt of the petition and is 

timely filed under 28 U.S.C. § 1446(b).

III.

The district courts of the United States have original jurisdiction over this action based on 

diversity of citizenship among the parties, in that Defendant is now and was at the time the action 

was commenced diverse in citizenship from every plaintiff. No defendant is or was at the time 

the suit was commenced a citizen of the State of Texas.

Plaintiffs are residents of Amarillo, Potter County, Texas. Upon information and belief, 

the minor Plaintiffs resides at the same location. 

Defendant UNITED DISPATCHING L.L.C. is a limited liability company with its 

principal place of business, now and at the time this action was commenced, at 825 Cliff Road, 

Bensalem, Pennsylvania. Therefore, neither the Defendant nor the Defendant’s parent entity are 

citizens of the same state as Plaintiffs (Texas). In addition, neither the Defendant nor the 

Defendant’s parent entity are citizens of the State of Texas in which this action is pending.

IV.

The amount in controversy in this action exceeds, exclusive of interest and costs, the sum 

of $75,000.00, as pleaded in Plaintiffs’ Petition.

V.

Removal of this action is proper under 28 U.S.C. § 1441, since it is a civil action brought 

in a state court, and the federal district courts have original jurisdiction over the subject matter 

under 28 U.S.C. § 1331 because the Plaintiffs and Defendant are diverse in citizenship. All

defendants who have been properly joined and served consent to the removal of this action.

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Notice of Removal Page 3

WHEREFORE, UNITED DISPATCHING L.L.C. Defendant in this action, pursuant to 

these statutes and in conformance with the requirements set forth in 28 U.S.C. § 1446, removes

this action for trial from the 320th District Court of the State of Texas, County of Potter to this 

Court, on this 12th day of May, 2022.

Respectfully submitted,

FARRIS PARKER & HUBBARD

A Professional Corporation

P. O. Box 9620

Amarillo, TX 79105-9620

(806) 374-5317; FAX: 372-2107

rhubbard@pf-lawfirm.com

By /s/ Rhett J. Hubbard

Rhett J. Hubbard, SB# 24032315

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that on May 12, 2022, I electronically filed the foregoing document with 

the Clerk of the above-named court, using the electronic case filing system of the court. 

Pursuant to Rule 21a of the Texas Rules of Civil Procedure, the following attorneys of record 

were served electronically:

Mr. Channy F. Wood

Wood Law Firm, LLP

610 S.W. 11th Avenue

Amarillo, TX 79101

cwood@woodlawfirm-tx.com

/s/ Rhett J. Hubbard

Rhett J. Hubbard

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Filed

Stephnie Menke

District Clerk

5/12/2022 8:27 AM

Potter County, Texas

By PB Deputy

Copy from re:SearchTX

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Copy from re:SearchTX

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Copy from re:SearchTX

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Automated Certificate of eService

This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system

on the date and to the persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Envelope ID: 64428749

Status as of 5/12/2022 1:42 PM CST

Case Contacts

Name

Leslie Owens

Channy Wood

Lauren Sadler

Crystal Gonzalez

BarNumber Email

lowens@woodlawfirm-tx.com

cwood@woodlawfirm-tx.com

lsadler@woodlawfirm-tx.com

cgonzalez@woodlawfirm-tx.com

TimestampSubmitted

5/12/2022 8:27:42 AM

5/12/2022 8:27:42 AM

5/12/2022 8:27:42 AM

5/12/2022 8:27:42 AM

Status

SENT

SENT

SENT

SENT

Copy from re:SearchTX

Case 2:22-cv-00101-Z Document 1 Filed 05/12/22 Page 7 of 15 PageID 7
CAUSE NO. _________________

MUSA SIDI MOHAMED, SIDI 

MOHAMED OMAR, and NURTA 

HASSAN MAHAMED, INDIVIDUALLY 

AND AS NEXT FRIEND OF F.S.M. AND 

S.S.M.,

§

§

§

§

§

IN THE ____TH DISTRICT COURT

§

Plaintiffs, §

§

v. § IN AND FOR

§

UNITED DISPATCHING L.L.C. and

GUARAMI KHARKHELAURI,

§

§

§

Defendants. § POTTER COUNTY, TEXAS

PLAINTIFFS’ ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT: 

Musa Sidi Mohamed (“Plaintiff Mohamed”), Sidi Mohamed Omar (“Plaintiff Omar”),

and Nurta Hassan Mahamed, Individually and as Next Friend of F.S.M. and S.S.M. (“Plaintiff 

Mahamed”), (collectively “Plaintiffs”), complain of United Dispatching L.L.C. (“Defendant

United”) and Guarami Kharkhelauri (“Defendant Kharkhelauri”), (collectively “Defendants”),

and for cause of action respectfully show as follows:

I. DISCOVERY CONTROL PLAN

1. Plaintiffs intend to conduct discovery under a Level 3 discovery control plan. Tex. R. 

Civ. P. 190.4.

II. TEXAS RULE OF CIVIL PROCEDURE 47

2. Plaintiffs seek damages that are within the jurisdictional limits of the Court. Tex. R. 

Civ. P. 47(b). 

Filed

Stephnie Menke

District Clerk

4/14/2022 2:48 PM

Potter County, Texas

By KP Deputy

110921-D-CV

320th

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PLAINTIFFS’ ORIGINAL PETITION PAGE 2 OF 7

3. Plaintiffs seek monetary relief over $250,000 but not more than $1,000,000. Tex. R. 

Civ. P. 47(c)(3).

III. PARTIES

4. Plaintiff Mohamed is an individual residing in Potter County, Texas. The last three 

digits of Plaintiff Mohamed’s Social Security number are 437, and the last three digits of his

driver’s license number are 728.

5. Plaintiff Omar is an individual residing in Potter County, Texas. The last three digits 

of Plaintiff Omar’s Social Security number are 604, and the last three digits of his driver’s 

license number are 846.

6. Plaintiff Mahamed is an individual residing in Potter County, Texas. The last three 

digits of Plaintiff Mahamed’s Social Security number are 177, and the last three digits of her

driver’s license number are 418. Plaintiff Mahamed is the biological mother of minor children 

F.S.M. and S.S.M.

7. Defendant United Dispatching L.L.C., a foreign corporation organized and existing 

under the laws of Pennsylvania, whose principal office is located at 825 Cliff Road, Bensalem, 

Pennsylvania 19020, may be served with process by serving its registered agent for service of 

process at 825 Cliff Road, Bensalem, Pennsylvania 19020. 

8. Defendant Kharkhelauri is an individual residing in New Jersey. Defendant may be 

served with process at his regular place of abode, 170 Rey Street, Garfield, New Jersey 07026, or 

wherever he may be found. The last three digits of Defendant Kharkhelauri’s Social Security 

number are unknown to Plaintiffs at this time. The last three digits of his New Jersey driver’s 

license number are 022.

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PLAINTIFFS’ ORIGINAL PETITION PAGE 3 OF 7

IV. VENUE

9. Venue is proper in Potter County because it is the county in which all or a substantial 

part of the events or omissions giving rise to the claim occurred. Tex. Civ. Prac. & Rem. Code 

Ann. § 15.002(a)(1).

V. FACTUAL ALLEGATIONS

10. On or about August 21, 2021, at approximately 6:02 p.m., Plaintiff Mohamed was 

traveling west on I-40 in Amarillo, Potter County, Texas in a vehicle owned by Plaintiff Omar. 

Plaintiff Mahamed and F.S.M. and S.S.M. were passengers in said vehicle.

11. At that time, Defendant Kharkhelauri was also traveling west on I-40 in Amarillo, 

Potter County, Texas, behind Plaintiffs. Defendant Kharkhelauri was operating a commercial 

motor vehicle owned by Defendant United and pursuant to its operating authoirty. As of result of 

Defendant Kharkhelauri’s inattentiveness and failure to control his speed, he rear ended the 

vehicle that was traveling behind Plaintiffs and pushed said vehicle into Plaintiffs’ vehicle.

VI. COUNT 1 – NEGLIGENCE OF DEFENDANT UNITED

12. Respondeat Superior: At the time of the incident, Defendant Kharkhelauri was an

employee, agent, or servant of Defendant United, and was acting within the course and scope of 

such employment or agency. Accordingly, Defendant United, is liable for Defendant 

Kharkhelauri’s negligence under the principles of statutory employee, agency, respondeat

superior, and vicarious liability.

13. Statutory Employment: Pursuant to 49 C.F.R. §§ 376.11-.12, Defendant United, has 

both a legal right and duty to control leased vehicles operated for its benefit. Accordingly, the 

regulations create an employee relationship between the employees of the owner-lessors and the 

lessee-carriers. As such, Defendant United, is vicariously liable for Defendant Kharkhelauri’s

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PLAINTIFFS’ ORIGINAL PETITION PAGE 4 OF 7

negligence. Morris v. JTM Materials, Inc., 78 S.W.3d 28, 38–39 (Tex. App.—Fort Worth 2002, 

no pet.)

14. Negligent Hiring, Training, Supervision, and Retention: Defendant United, was 

negligent and reckless in hiring, training, supervising, and/or retaining Defendant Kharkhelauri

and said negligence and recklessness was a proximate cause of the incident and Plaintiffs’

damages.

15. Negligent Maintenance, Inspection, and Repair: Defendant United, was negligent 

in its maintenance, inspection, repair, and replacement of the commercial motor vehicle involved 

in the incident. Said negligence was a proximate cause of the incident and Plaintiffs’ damages.

VII. COUNT 2 – NEGLIGENCE OF DEFENDANT KHARKHELAURI

16. At all relevant times, Defendant Kharkhelauri was negligent in failing act as a 

reasonably prudent driver would have done under the same of similar circumstances. More 

specifically, Defendant Kharkhelauri’s following acts and omissions, either singularly or in 

combination, were a direct, proximate, and producing cause of the incident and Plaintiffs’

injuries and damages:

a. operating the vehicle in an improper manner;

b. failing to maintain proper control of the vehicle;

c. failing to keep a proper lookout for other vehicles and in particular Plaintiffs’

vehicle;

d. failing to drive in a reasonably attentive manner;

e. failing to stop prior to hitting Plaintiffs’ vehicle;

f. failing to control the speed of the vehicle; 

g. operating the vehicle at a greater rate of speed than was reasonably prudent;

h. failing to timely and properly apply the brakes; 

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PLAINTIFFS’ ORIGINAL PETITION PAGE 5 OF 7

i. failing to take evasive action to avoid colliding with Plaintiffs’ vehicle; and

j. such other acts or omissions as may be discovered and/or proven at trial.

VIII. DAMAGES

17. As a direct and proximate cause of Defendants’ above-described acts and/or 

omissions, Plaintiffs have suffered physical injuries to their bodies in general. Plaintiffs seek

recovery for damages including, but not limited to, the following:

a. Physical pain and mental anguish sustained in the past;

b. Physical pain and mental anguish that, in reasonable probability, Plaintiffs will 

sustain in the future;

c. Loss of earning capacity sustained in the past;

d. Loss of earning capacity that, in reasonable probability, Plaintiffs will sustain in 

the future;

e. Disfigurement sustained in the past;

f. Disfigurement that, in reasonable probability, Plaintiffs will sustain in the future;

g. Physical impairment sustained in the past;

h. Physical impairment that, in reasonable probability, Plaintiffs will sustain in the 

future;

i. Medical care expenses incurred in the past; and

j. Medical care expenses that, in reasonable probability, Plaintiffs will incur in the 

future.

18. As a direct and proximate cause of Defendants’ above-described acts and/or 

omissions, Plaintiff Omar has suffered property damage. Plaintiff Omar seeks recovery for 

damages including, but not limited to, the following:

a. Market-value damages;

b. Repair damages;

c. Diminution in value;

d. Loss-of-use damages; and

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PLAINTIFFS’ ORIGINAL PETITION PAGE 6 OF 7

e. Lost profits.

19. As F.S.M. and S.M.’s biological mother and next friend, Plaintiff Mahamed seeks 

recovery of the following damages:

a. Physical pain and mental anguish sustained in the past;

b. Physical pain and mental anguish that, in reasonable probability, F.S.M. and S.M.

will sustain in the future;

c. Loss of earning capacity sustained in the past;

d. Loss of earning capacity that, in reasonable probability, will be sustained in the 

future from the time of trial until F.S.M. and S.M. reach the age of eighteen years.

e. Loss of earning capacity that, in reasonable probability, will be s sustained in the 

future after F.S.M. and S.M. reach the age of eighteen years;

f. Disfigurement sustained in the past;

g. Disfigurement that, in reasonable probability, F.S.M. and S.M. will sustain in the 

future;

h. Physical impairment sustained in the past;

i. Physical impairment that, in reasonable probability, F.S.M. and S.M. will sustain 

in the future;

j. Medical care expenses incurred in the past on behalf of F.S.M. and S.M.;

k. Medical care expenses that, in reasonable probability, will be incurred on behalf 

of F.S.M. and S.M. in the future from the time of trial until F.S.M. and S.M. reach 

the age of eighteen years; and

l. Medical care expenses that, in reasonable probability, F.S.M. and S.M. will incur 

after they reach the age of eighteen years.

IX. CONDITIONS PRECEDENT

20. All conditions precedent to Plaintiffs’ claims for relief have been performed or have 

occurred.

X. JURY DEMAND

21. Plaintiffs respectfully request a trial by jury and have tendered the appropriate fee.

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PLAINTIFFS’ ORIGINAL PETITION PAGE 7 OF 7 

XI. PRAYER 

Plaintiffs respectfully ask the Court to issue citation for Defendants to appear and answer 

and to award judgment against Defendants for all of Plaintiffs’ damages as set forth above, 

prejudgment and post-judgment interest, and court costs. Plaintiffs pray for general relief. 

Respectfully submitted, 

By: /s/ 

 Channy F. Wood 

 SBN 00791954 

 E-mail: cwood@woodlawfirm-tx.com

 Leslie Owens 

 SBN 24073561 

 E-mail: lowens@woodlawfirm-tx.com

 WOOD LAW FIRM, LLP

 Physical: 610 S.W. 11th Avenue (79101) 

 Mailing: P.O. Box 1439 

 Amarillo, Texas 79105-1439 

 Telephone: 806.372.9663 

 Facsimile: 806.372.9664 

 ATTORNEYS FOR PLAINTIFFS 

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Automated Certificate of eService

This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system

on the date and to the persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Lauren Sadler on behalf of Leslie Owens

Bar No. 24073561

lsadler@woodlawfirm-tx.com

Envelope ID: 63591887

Status as of 4/14/2022 3:10 PM CST

Case Contacts

Name

Channy Wood

Leslie Owens

Lauren Sadler

Crystal Gonzalez

BarNumber Email

cwood@woodlawfirm-tx.com

lowens@woodlawfirm-tx.com

lsadler@woodlawfirm-tx.com

cgonzalez@woodlawfirm-tx.com

TimestampSubmitted

4/14/2022 2:48:09 PM

4/14/2022 2:48:09 PM

4/14/2022 2:48:09 PM

4/14/2022 2:48:09 PM

Status

SENT

SENT

SENT

SENT

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