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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

BOBBY WILLIAMS, 

Plaintiff,

v.

SFM LLC d/b/a SF MARKETS LLC, 

SPROUTS FARMERS MARKET 

TEXAS LP AND SFM BEVERAGES,

INC., 

Defendant.

CIVIL ACTION NO.

NOTICE OF REMOVAL

TO THE HONORABLE JUDGE OF THE UNITED STATES DISTRICT COURT FOR 

THE NORTHERN DISTRICT OF TEXAS: 

COMES NOW, Defendant Sprouts Farmers Market Texas LP, (“Defendant”) and pursuant 

to 28 U.S.C. § 1332, 1441(b), and 1446, files this Notice of Removal on the basis of diversity 

jurisdiction to the United States District Court for the Northern District of Texas, Dallas Division 

of the action numbered and styled Bobby Williams v SFM LLC d/b/a SF Markets LLC, Sprouts 

Farmers Market Texas LP and SFM Beverages, Inc.; Cause No. DC-22-06336; In the 134th

Judicial District Court of Dallas County, Texas (the “State Court Case”), and in support thereof 

would respectfully show unto the Court as follows:

I.

REMOVAL IS TIMELY

1. Defendant Sprouts Farmers Market Texas LP was served with Plaintiff’s Original 

Petition (the “Petition”) on June 27, 2022. This Notice of Removal is filed within thirty (30) days 

of service of the Petition and is timely filed pursuant to section 1446(b) of the United States Code. 

28 U.S.C.§ 1446(b). Defendant seeks to remove the matter and is therefore the Removing 

Defendant.

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II.

COMPLETE DIVERSITY OF CITIZENSHIP EXISTS

2. The district courts of the United States have original jurisdiction over this action 

based on diversity of citizenship among the parties. Plaintiff in this action is a citizen of a different 

state from Defendant, and no Defendant is a citizen of the same state. As a result, complete 

diversity exists.

3. Plaintiff Bobby Williams was a citizen of the State of Arkansas at the time this 

action was filed. Consequently, Plaintiff Bobby Williams was at the time this action was 

commenced, and is currently, a citizen of the State of Arkansas.

4. Defendant Sprouts Farmers Market Texas LP is a domestic limited partnership with 

a business property located at 1343 W Campbell Road, Richardson, Dallas County, Texas 75080. 

Defendant Sprouts Farmers Market Texas LP is now, and was at the time this action was 

commenced, a citizen of the State of Texas.

III.

AMOUNT IN CONTROVERSY

5. In addition to complete diversity of citizenship, the complaint must meet this 

Court’s $75,000.00 jurisdictional threshold. The method for properly asserting the amount in 

controversy are outlined in section 1446 of the United States Code. 28 U.S.C § 1446. First, the 

Notice of Removal may assert the amount in controversy, if the initial pleadings were not required 

to include a specific monetary demand or permit damages in excess of the pleadings. Id. 

§1446(C)(2)(A). Second, removal is proper upon showing by the preponderance of the evidence 

that the amount in controversy exceeds this Courts $75,000.00 threshold. Id. § 1446(C)(2)(B). 

Further, parties may rely on an estimation of damages calculated from the allegations in the 

complaint to prove the amount in controversy. McPhail v. Deere & Co., 529 F.3d 947, 951 (10th

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Cir. 2008); Meridian Sec. Ins. v. Sadowski, 441 F.3d 536, 541 (7th Cir. 2006); Luckett v. Delta 

Airlines, Inc., 171 F.3d 295, 298 (5th Cir. 1999). Once a defendant satisfies its burden, any plaintiff 

wanting to remand the cause back to state court must prove to a legal certainty that, if successful, 

it would not be able to recover more than the jurisdictional amount. See McPhail, 529 F.3d at 955.

6. A common-sense review of the Plaintiff’s Original Petition in the instant case 

clearly shows that the alleged damages easily exceed $75,000.00. Plaintiff alleges damages and 

seeks relief $250,000.00 or less (Pl. Orig. Pet., Sec. 2). The Petition alleges that Plaintiff Bobby 

Williams injured his foot in the incident made the basis of this lawsuit. (Pl Orig. Pet., Sec. 7.16). 

As a result of the incident Plaintiff Bobby Williams alleges he was injured and makes a claim for 

damages to include past and future: pain and mental anguish; physical impairment; and 

disfigurement. (Pl. Orig. Pet., Sec. 9). 

7. Federal courts have held that cases of severe personal injury “often will subject a 

tortfeasor to possible exposure well beyond” the federal jurisdictional minimum and that such 

exposure is facially apparent. De Aguilar v. Boeing, 11 F.3d 55, 58 (5th Cir. 1993). Based on 

Plaintiff’s claimed damages, it is clear that Defendant will be subjected to exposure beyond the 

$75,000.00 jurisdictional threshold of this Court.

IV.

PROCEDURAL REQUIREMENTS

8. Removal of this action is proper under section 1441 of the United States Code, since 

it is a civil action brought in a state court, and the federal district courts have original jurisdiction 

over the subject matter under section 1332 of the United States Code because Plaintiff and 

Defendants are diverse in citizenship. 28 U.S.C. §§ 1441 and 1332.

9. By virtue of filing this Notice of Removal, the Removing Defendant does not waive 

its right to assert any motions to transfer venue or dismiss, including Rule 12 motions, permitted 

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by the applicable Rules of Civil Procedure.

10. All of the papers on file in the State Court case at the time of removal are attached 

hereto as Exhibit 2. Those papers include copies of the Court’s Docket Sheet, Plaintiff’s Original 

Petition, and all documents served on Defendant.

11. Pursuant to section 1446(b) of the United States Code, written notice of filing of 

this Notice will be given to all adverse parties promptly after the filing of this Notice. 28 U.S.C. 

§1446(d).

12. Pursuant to section 1446(b) of the United States Code, a true and correct copy of 

this Notice will be filed with the District Clerk for the 134th Judicial District Court in Dallas 

County, Texas promptly after the filing of this Notice.

V.

PRAYER FOR RELIEF

WHEREFORE, Defendant pursuant to these statutes and in conformance with the 

requirements set forth in section 1446 of the United States Code, removes this action for trial from 

the 134th Judicial District Court in Dallas County, Texas to this Court, on this the 27th day of July, 

2022. 

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Respectfully submitted,

By: /s/ William M. Toles 

WILLIAM M. TOLES 

State Bar No. 00798550

IAN SHAW 

State Bar No. 24117041

MUNSCH HARDT KOPF & HARR, PC

500 N. Akard Street, Suite 3800

Dallas, Texas 75201

Telephone: (214) 855-7500

Facsimile: (214) 855-7584

wtoles@munsch.com

ishaw@munsch.com 

ATTORNEYS FOR DEFENDANT

SPROUTS FARMERS MARKET TEXAS LP

CERTIFICATE OF SERVICE

The undersigned certifies that on the 27th, day of July, 2022, a true and correct copy of the 

foregoing document was forwarded via e-service through the ECF system to counsel for Plaintiff: 

Damon Mathias

Ori Raphael

Rabiah Jeenah

Mathias Raphael, PLLC

17855 Dallas Parkway, Suite 155

Dallas, Texas 75287

damon@mrlaw.co

ori@mrlaw.co

rabiah@mrlaw.co

/s/ William M. Toles 

WILLIAM M. TOLES 

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