DEFENDANT AMAZON LOGISTICS INC’S NOTICE OF REMOVAL PAGE 1

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

RHONDA JEAN ARMSTER AND §

D’AREA IGHO-OSAJIE, §

Plaintiffs §

§

vs. § CIVIL ACTION NO.:_______________

§

UNKNOWN DRIVER, §

AMAZON LOGISTICS INC., AND §

WANAAG TRANSPORT INC., §

Defendants. §

______________________________________________________________________________

DEFENDANT AMAZON LOGISTICS INC’S NOTICE OF REMOVAL

______________________________________________________________________________

TO THE HONORABLE UNITED STATES DISTRICT COURT:

NOTICE OF REMOVAL

COME NOW Defendant Amazon Logistics, Inc. (known as “Amazon”) pursuant to 28 

U.S.C. §§ 1332, 1441, and 1446, and hereby respectfully petitions this Court for removal of the 

above-entitled action to the United States District Court for the Northern District of Texas, Dallas

Division, from the 162nd Judicial District Court of Dallas County, Texas, and for its Notice of 

Removal states:

A. Removal is Timely. 

1. This action, entitled Rhonda Jean Armster and D’Area Igho-Osajie vs. Unknown 

Driver, Amazon Logistics, Inc., and Wanaag Transport Inc., Cause No. DC-22-03667 in the 162nd

Judicial District Court of Dallas County, Texas was filed on April 4, 2022. Plaintiffs named 

Amazon Logistics, Inc. as a defendant.

2. Service of process on Amazon was completed on April 27, 2022 via its registered 

agent. See Exhibit 1, E-serve Citation and Officer’s Return. 

3:22-cv-01150

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3. Removal is timely under 28 U.S.C. § 1446(b)(1) because this Notice is filed within 

thirty days of receipt by any defendant, through service or otherwise, of Plaintiffs’ complaint. 

B. Complete Diversity of Citizenship. 

4. Pursuant to 28 U.S.C. § 1332(a)(1), federal subject matter jurisdiction exists here 

because all parties properly joined are completely diverse from the Plaintiffs, and the amount in 

controversy, exclusive of interest and costs, is greater than $75,000.

5. Plaintiff Rhonda Jean Armster is an individual resident of Texas. See Exhibit 2, 

Plaintiffs' Original Petition, paragraph 2. 

6. Plaintiff D’Area Igho-Osajie is an individual resident of Texas. See Exhibit 2, 

Plaintiffs’ Original Petition, paragraph 3. 

7. Defendant Amazon Logistics Inc. is a corporation doing business in Texas and 

existing under the laws of the State of Delaware, with its principal place of business in the State 

of Washington. See Exhibit 2, Plaintiffs’ Original Petition, paragraph 5. For diversity purposes, 

Amazon Logistics Inc. is a citizen of Delaware and Washington. 28 U.S.C. § 1332(c)(1).

8. Defendant Wanaag Transport Inc. is a corporation doing business in Texas and 

existing under the laws of the State of Minnesota with its principal place of business in the State 

of Minnesota. See Exhibit 2, Plaintiffs’ Original Petition, paragraph 6; Exhibit 3, State of 

Minnesota Secretary of State Listing for Wanaag Transport, Inc..

9. Fictitious parties are to be disregarded for purposes of determining removal 

jurisdiction. 28 U.S.C. § 1441(b)(1); Weaver v. Metro. Life Ins. Co., 939 F.3d 618, 623 (5th Cir. 

2019) (confirming that the party added under the name “Unknown Payee” was a fictitious name 

and should be disregarded for diversity purposes).

10. Accordingly, removal is proper under 28 U.S.C. § 1332 because there is complete 

diversity between Plaintiffs and Amazon. No properly named Defendant is a citizen of Texas. 

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C. Amount in Controversy Exceeds $75,000. 

11. Plaintiffs’ case arises out of a motor vehicle accident that occurred on or about June 

24, 2020 in Dallas County. 

12. As a result of the motor vehicle collision, Plaintiffs Armster and D’Area IghoOsajie allege that they suffered injuries and damages in the past and allegedly will sustain these 

damages into the future. See Exhibit 2, Plaintiffs’ Original Petition, paragraph 21.

13. Plaintiffs’ Original Petition seeks monetary relief over $200,000.00 but not more 

than $1,000,000.00. See Exhibit 2, Plaintiffs’ Original Petition, paragraph 25.

14. Plaintiffs further alleges their damages to include the monetary value of physical 

pain, mental anguish, physical impairment, medical care expenses, out-of-pocket economic losses, 

loss of past earning capacity and/or lost wages, loss of enjoyment of life, consequential damages, 

and punitive damages. See Exhibit 2, Plaintiffs’ Original Petition, paragraph 44.

15. Although Amazon denies that Plaintiffs are entitled to any recovery, it is clear that 

Plaintiffs seek an amount greater than $75,000. Thus, the amount in controversy requirement of 

28 U.S.C. § 1332(a) is satisfied.

D. Consent of Defendants. 

16. As of the date of this filing, to Amazon’s knowledge, Defendant Wanaag Transport, 

Inc. has not been served. Therefore, all defendants that have been properly joined and served 

consent to this removal. 28 U.S.C.S. § 1446 (“... all defendants who have been properly joined 

and served must join in or consent to the removal of the action.”).

E. Venue is Proper.

17. Venue is proper in this district under 28 U.S.C. §1441(a) because the state court 

where the suit has been pending is located in this district. 

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F. Attachments.

17. In accordance with 28 USC § 1446 and LR 81.1 of the Local Civil Rules for the 

Northern District of Texas (eff. September 1, 2021), the following are attached to this notice:

a. A completed civil cover sheet;

b. A supplemental civil cover sheet;

c. A copy of the docket sheet in the state court action;

d. Each document filed in the state court action filed as a separate attachment; and

e. A separately signed certificate of interested persons.

G. Notice to State Court. 

18. Pursuant to 28 U.S.C. § 1446(d), written notice of the filing of this notice of 

removal will promptly be given to all parties and to the clerk of the 162nd Judicial District Court 

of Dallas County, Texas. A copy of the Notice to State Court of Removal that is being filed with 

the clerk is attached as Exhibit 3.

JURY DEMAND

19. Pursuant to Federal Rule of Civil Procedure 38, Amazon demands a trial by jury. 

PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant Amazon Logistics, Inc. 

respectfully give notice that this state court action has been removed and placed on this Court’s 

docket for further proceedings. Defendant Amazon Logistics, Inc. further requests any additional 

relief to which it may be justly entitled. 

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Respectfully submitted,

WILSON ELSER MOSKOWITZ

EDELMAN & DICKER, L.L.P.

By: /s/ Jarad Kent

Jarad L. Kent

State Bar No. 24062824

Jarad.Kent@wilsonelser.com

Justus M. Lindsey

State Bar No. 24104183

Justus.Lindsey@wilsonelser.com

WILSON ELSER MOSKOWITZ EDELMAN & 

DICKER, LLP

Bank of America Plaza

901 Main Street, Suite 4800

Dallas, Texas 75202

Telephone: 214-698-8000

Facsimile: 214-698-1101

COUNSEL FOR DEFENDANT

AMAZON LOGISTICS INC.

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been forwarded 

to counsel of record in accordance with the Federal Rules of Civil Procedure, on this the 24th day 

of May, 2022.

service@bushlawgrp.com

Bush & Bush Law Group

Charles Bush 

Smaranda Draghia-Hobbs

3710 Rawlins Street, Suite 1420

Dallas, TX 75219

/s/ Jarad Kent

Jarad L. Kent

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