NOTICE OF REMOVAL OF DEFENDANT – PAGE 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

ANDREA MARSH ESQUEDA and §

ROBERT LEE ESQUEDA, §

Plaintiffs, §

§

v. § NO. ______________

§

GLORIA JEAN BERLIND and §

JOHN FAYARD MOVING & §

WAREHOUSING, LLC, §

Defendants. §

NOTICE OF REMOVAL

TO THE HONORABLE UNITED STATES DISTRICT COURT:

COMES NOW DEFENDANT JOHN FAYARD MOVING & WAREHOUSING, LLC,

and files this Notice of Removal (“Notice”) of this suit from the County Court at Law #2 in 

Potter County, Texas, Cause No. 110951-2-CV, to the United States District Court for the 

Northern District of Texas, Amarillo Division under 28 U.S.C. §§1441, 1446 and 1332(a), and 

respectfully shows the Court as follows:

I.

PROCEDURAL FACTS

1. Plaintiffs are Andrea Marsh Esqueda and Robert Lee Esqueda (“Plaintiffs”).

Defendants are Gloria Jean Berlind and John Fayard Moving & Warehousing, LLC 

(“Defendants”).

2. On May 9, 2022, Plaintiffs filed their Original Petition, asserting negligence

claims against Defendants for purported damages sustained by Plaintiffs in a motor vehicle 

accident that occurred on May 17, 2020, at or near the 2100 block of S. Lakeside Drive in 

Amarillo, Potter County, Texas, involving a 2019 Dodge Ram hauling a 2003 Star Trailer,

operated by Plaintiff Andrea Marsh Esqueda, and a 2019 Western Star tractor hauling a 2017

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 1 of 47 PageID 1
NOTICE OF REMOVAL OF DEFENDANT – PAGE 2

Wabash trailer, which was operated by Defendant Gloria Jean Berlind, who was operating the 

tractor-trailer on behalf of Defendant John Fayard Moving & Warehousing, LLC. Plaintiff 

Robert Lee Esqueda was a passenger in the 2019 Dodge Ram. Plaintiffs sued Defendants in the 

County Court at Law #2 in the District Court of Potter County, Texas, identified as Cause No. 

110951-2-CV, and styled as Andrea Marsh Esqueda and Robert Lee Esqueda v. Gloria Jean 

Berlind and John Fayard Moving & Warehousing, LLC (the “Potter County Suit”). (Ex. A, Plf. 

Orig. Pet.). On May 17, 2022, citation and the Original Petition in the Potter County Suit were 

served on the John Fayard, Jr., as registered agent of Defendant John Fayard Moving & 

Warehousing, LLC (“John Fayard”), at 13486 Fastway Lane, Gulfport, Mississippi. John 

Fayard filed its Answer to Plaintiffs’ Original Petition on June 13, 2022 (Ex. A, Original 

Answer of John Fayard). Defendant Gloria Jean Berlind has not been service with citation or

suit, and has not entered an appearance in the Potter County Suit.

3. Thus, Defendant John Fayard timely files this notice of removal within the 30-

day period required by 28 U.S.C. §1446(b)(3). 

II. 

GROUNDS FOR REMOVAL

4. Defendant John Fayard timely files this Notice of Removal pursuant to 28 

U.S.C. §§1441 (a), (b), 1446(b, c), and 1332(a). Removal of the Potter County Suit to this 

District and Division is proper because this Court has federal diversity jurisdiction in 

accordance with 28 U.S.C. §1332(a)(1) because the matter in controversy exceeds the sum or 

value of $75,000, exclusive of interest and costs, and is between citizens of different states. 28 

U.S.C. §1332(a)(1).

A. Citizenship of the Parties

5. At the time of the filing suit and at the time of removal:

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 2 of 47 PageID 2
NOTICE OF REMOVAL OF DEFENDANT – PAGE 3

a. Plaintiff Andrea Marsh Esqueda is a citizen of the State of Texas 

domiciled and residing in Canyon, Randall County, Texas; 

b. Plaintiff Robert Lee Esqueda is a citizen of the State of Texas domiciled 

and residing in Canyon, Randall County, Texas; 

c. Defendant Gloria Berlind it a citizen of the State of Virginia domiciled 

and residing in Virginia; and

d. Defendant John Fayard Moving & Warehousing, LLC is a limited 

liability company, incorporated and operating under the State of 

Mississippi, and is a citizen of the State of Mississippi, domiciled and 

residing in Gulfport, Harrison County, Mississippi.

B. Removal is proper because there is complete diversity of citizenship as between 

Plaintiff and Defendant

6. Removal of this suit is proper under 28 U.S.C. §1332(a)(1) because there is 

complete diversity of citizenship between Plaintiffs and Defendants at the time of filing suit 

and the time of removal, shown as follows: 

a. Plaintiffs are citizens of the State of Texas;

b. Defendant Gloria Jean Berlind is a citizen of the State of Florida;

c. Defendant John Fayard Moving & Warehousing, LLC, is a citizen of the 

State of Mississippi; and

Thus, there is complete diversity of citizenship between Plaintiffs and Defendants because both 

Defendants are not citizens of the same state as Plaintiff.

C. The amount in controversy exceeds the sum or value of $75,000, exclusive of

interest and costs

7. Removal of this suit is proper under 28 U.S.C. §1332(a) because the amount or 

matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs.

8. In Paragraph 10 of Section III of Plaintiffs’ Original Petition (“Petition”) which 

is attached hereto (Ex. A, Plf. Pet.), Plaintiffs state they “seek monetary relief over 

$250,000.00 but not more than $1,000,000.” Plaintiffs’ Petition, a true and correct copy of 

which is contained in the state court records of the Potter County Suit, is attached hereto as part 

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 3 of 47 PageID 3
NOTICE OF REMOVAL OF DEFENDANT – PAGE 4

of Exhibit A and incorporated by reference. 

9. As a result, removal of this suit is proper under 28 U.S.C. §1332(a) because the 

amount or matter in controversy exceeds the sum or value of $75,000, exclusive of interest and 

costs. 

D. Consent to Removal of Defendants

10. Defendant John Fayard Moving & Warehousing, LLC, consents to the removal 

of the case to this District and Division, as reflected by filing this Notice of Removal. 28 

U.S.C. §1446(b)(2)(A). 

E. Potter County Suit Court Records Are Attached 

11. True and correct certified copies of all pleadings, process, orders, and other 

filings in the Potter County Suit are attached to this Notice as Exhibit “A”, as required by 28 

U.S.C. §§ 1446(a) and 1449.

F. Venue in this District and Division is Proper 

12. Venue in this District and Division is proper under 28 U.S.C. §1441(a) because

the County Court at Law #2 of Potter County, Texas, the state court where the state suit has 

been pending, is located in this District and Division. Plaintiff alleges in Plaintiffs’ Petition that

“pursuant to Texas Civil Practices and Remedies Code § 15.002(a), because [Potter County] is 

the county in which all or a substantial part of the events or omissions giving rise to the

complaint occurred.” (Ex. A, Plf. Pet.).

G. Notice of Notice of Removal and Notice of Filing Notice of Removal

13. Pursuant to 28 U.S.C. §1446(d), Defendant John Fayard will promptly file a

copy of this Notice of Removal and a Notice of Filing of Notice of Removal with the district 

clerk of the County Court at Law #2, Potter County, Texas, the state court where the suit has 

been pending, and will give written notice thereof to all adverse parties.

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 4 of 47 PageID 4
NOTICE OF REMOVAL OF DEFENDANT – PAGE 5

14. Plaintiff demanded a jury trial in the Potter County Suit. 

CONCLUSION

15. For the reasons stated above, removal of the Potter County Suit to this District 

and Division is proper under 28 U.S.C. §§ 1441, 1446 and 1332(a) because this Court has 

diversity jurisdiction in accordance with 28 U.S.C. §1332(a)(1) in that the matter in 

controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is 

between citizens of different States. 

WHEREFORE, PREMISES CONSIDERED, Defendant John Fayard Moving & 

Warehousing, LLC, requests that the Court remove the action to the United States District 

Court for the Northern District of Texas, Amarillo Division.

Respectfully submitted,

MULLIN HOARD & BROWN, L.L.P.

Danny M. Needham, Texas Bar No. 14854400

Christopher W. Weber, Texas Bar No. 00797640

C. Wade Overstreet, Texas Bar. No. 24029758

500 South Taylor, Suite 800

P. O. Box 31656

Amarillo, Texas 79120-1656

Telephone: (806) 372-5050

Facsimile: (806) 372-5086

dmneedham@mhba.com – Email 

cweber@mhba.com – Email

woverstreet@mhba.com – Email 

By: /s/ Danny M. Needham

Danny M. Needham

ATTORNEYS FOR DEFENDANT JOHN 

FAYARD MOVING & WAREHOUSING LLC

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 5 of 47 PageID 5
NOTICE OF REMOVAL OF DEFENDANT – PAGE 6

CERTIFICATE OF SERVICE

I hereby certify that on this the 15th day of June 2022, I electronically filed the foregoing 

document with the Court’s electronic filing system, and that a true and correct copy was served 

on the parties listed below through the electronic case filing system if they are registered and if 

the Notice of Electronic Filing indicates that the parties received it, and by service through 

U.S. regular mail to the parties if they are not so registered:

J. Daren Brown

STOCKARD JOHNSTON BROWN & NETARDUS, PC

P.O. Box 3280

Amarillo, TX 79116

Email: dbrown@sjblawfirm.com

Attorney for Plaintiffs

/s/ Danny M. Needham

 Danny M. Needham

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 6 of 47 PageID 6
EXHIBITS TO NOTICE OF REMOVAL

1. Exhibit A Certified Copy of Potters County state court records in

Cause No. 110951-2-CV.

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 7 of 47 PageID 7


		

		
	
	


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Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 8 of 47 PageID 8
Filed

Stephnie Menke

District Clerk

5/9/2022 2:20 PM

Potter County, Texas

By PB Deputy

110951-2-CV

County Court at Law 2

CAUSE NO.

ANDREA MARSH ESQUEDA and ROBERT LEE ESQUEDA,

IN THE DISTRICT COURT

Plaintiff,

GLORIA JEAN BERLIND and

JOHN FAYARD MOVING

v. IN AND FOR

WAREHOUSING, LLC

Defendant. POTTER COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE 0F SAID COURT:

Comes now, Plaintiffs, ANDREA MARSH ESQUEDA and ROBERT LEE ESQUEDA,

(hereinafter called “PLAINTIFFS”) complaining of and about GLORIA JEAN BERLIND and

JOHN FAYARD MOVING WAREHOUSING, LLC (hereinafter called “DEFENDANTS”)

and for cause of action respectfully shows unto the Court as follows:

I. Discove Control Plan Level

1. Pursuant to Texas Rule of Civil Procedure 190.4, Plaintiffs state that discovery in

this matter is intended to be conducted under Level III, as specied by Tex. R. Civ. P. 190.4.

II.

2. Plaintiff ANDREA MARSH ESQUEDA is an individual whose current address

is 3800 W. FM 333 l, Canyon, Texas 79015.

3. The last three digits of the driver’s license number of ANDREA MARSH

ESQUEDA are 730. The last three digits ofthe social security number for ANDREA MARSCH

ESQUEDA are 883.

Plaintiff's Original Petition Page

CERTIFIED COPY Page 1 of 9

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 9 of 47 PageID 9
4. Plaintiff ROBERT LEE ESQUEDA is an individual whose current address is

3800 W. FM 333 1, Canyon, Texas 79015.

5. The last three digits of the driver’s license number of ROBERT LEE ESQUEDA

are 700. The last three digits of the social security number for ROBERT LEE ESQUEDA are

999.

6. Defendant, GLORIA JEAN BERLIND,

is an individual whose current address is

627 37th Avenue NE, Saint Petersburg, Florida 33704 and she may be served with process at this

address or wherever she may be found.

7. Defendant JOHN FAYARD MOVING WAREHOUSE, LLC is Mississippi

Limited Liability Company organized and existing under the laws of the State of Mississippi, whose home ofce address 10323 Express Drive, Gulfport, MS 39503 and may be served with

process by serving its registered agent, JOHN R. FAYARD, JR., 13486 Fastway Lane, Gulfport MS 39503.

III. Jurisdiction and Venue

8. The subject matter in controversy is within the jurisdictional

limits of this court.

Additionally, this court has jurisdiction over Defendants because said Defendants purposeilly

availed themselves of the privilege of conducting activities in the State of Texas and established minimum contacts sufcient to confer jurisdiction over said Defendants, and the assumption of

jurisdiction over these Defendants will not offend traditional notions of fair play and substantial

justice and is consistent with the constitutional requirements of due process.

9. Venue is properin Potter County, Texas, pursuantto Texas Civil Practice and

Remedies Code §15.002(a), because it is the county in which all or substantial part of the

events or omissions giving rise to the complaint occurred. More specically, the accident which

Plaintiff’s Original Petition Page

CERTIFIED COPY Page 2 of 9

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 10 of 47 PageID 10
is the subject matter of this case occurred in Amarillo, Potter County, Texas.

10. While the damagesto be awarded lie within the sound discretion of the fact nder

based on the evidence as presented, Plaintiffs recognize the pleading requirements ofRule 47 of

the TEXAS RULES OF CIVIL PROCEDURE. Accordingly, PLAINTIFFS seek monetaryrelief

over $250,000 but not more than $1,000,000, which exceeds this Court’s minimum jurisdictional

requirements.

IV.

11. This lawsuit results from an incident which occurred on or about May 17, 2020,

near the 2100 block of S. Lakeside Drive in Amarillo, Potter County, Texas. PLAINTIFFS were

traveling northbound on Lakeside Drive and DEFENDANT was eastbound from private drive. DEFENDANT failed to yield the right of way from the private drive and pulled into oncoming

trafc causing PLAINTIFFS’ vehicle to collide with the side of DEFENDANT’S vehicle. As

result of the collision, PLAINTIFFS suffered severe personal injuries. V. Plaintiffs’ Claims of Negligence Against Defendant GLORIA JEAN BERLIND

12. DEFENDANT had duty to exercise ordinary care and operate the vehicle she was driving in reasonable and prudent manner. She breached this duty

in one or more of the

following particulars:

a. Operating motor vehicle at speed greater

than is reasonable and prudent

under the conditions in having regard for actual and potential hazards in

existence;

b. Failing to control the speed of the motor vehicle as necessary to avoid

colliding with another person, vehicle or other property in compliance with

law and the duty of each person to use due care;

Plaintiff’s Original Petition Page

CERTIFIED COPY Page 3 of 9

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 11 of 47 PageID 11
c. Failing to timely and/or properly apply the brakes;

d. Failing to maintain properlookout as person of ordinary prudence would

have maintained under the same or similar circumstances;

e. Failing to maintain the proper attention while operating motor vehicle as

person of ordinary prudence would have maintained under the same or similar

circumstances;

f. Failing to yield the right-of-way to oncoming trafc while turning left; and

g. Failing to use due caution. VI. PLAINTIFF’S CLAIMS OF NEGLIGENCE AGAINST DEFENDANT JOHN FAYARD MOVING & WAREHOUSE LLC

l3. Defendant JOHN FAYARD MOVING WAREHOUSE, LLC had duty to

exercise the degree of care that reasonably prudent company would use to avoid harm to others

under circumstances similar to those described herein. Plaintiffs’ injuries and damages were

proximately caused by Defendant JOHN FAYARD MOVING & WAREHOUSE, LLC’S

negligent, careless, and reckless disregard of said duty. Defendant JOHN FAYARD MOVING WAREHOUSE, LLC'S breach of this duty consisted of, but is not limited to, the following acts

and omissions:

a. ln requiring its employer

to drive while fatigued;

b. In failing to properly supervise its employee;

c. In failing to adequately train its employees on the safe use of company vehicles;

and

d. In allowing its employee to drive while distracted.

Respondeat Superior

Plaintiff’s Original Petition Page

CERTIFIED COPY Page 4 of 9

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 12 of 47 PageID 12
14. Vicarious liability for Plaintiffs’ injuries and damages attaches to Defendant

JOHN FAYARD MOVING WAREHOUSE, LLC through respondeat superior

in the following

respects:

a. Defendant BERLIND was an employee of Defendant JOHN FAYARD MOVING WAREHOUSE, LLC at the time of the incident;

b. Defendant BERLIND was working in the course and scope of her employment at

the time of the incident;

c. Defendant BERLIND was acting in furtherance of Defendant JOHN FAYARD MOVING & WAREHOUSE, LLC’S business at the time of the incident;

d. Defendant BERLIND was working for the accomplishment of the objectfor which he was hired; and

e. Defendant BERLIND negligence is proximate cause of Plaintiff’s injuries and

damages. VI. Dama es of Plaintiff ANDREA MARSH ES UEDA

15. As direct and proximate result of all Defendant’s negligent acts and/or

omissions set forth above, ANDREA MARSH ESQUEDA has suffered physical injuries and

damages

far in excess of the minimum jurisdictionallimits of this Court.

l6. ANDREA MARSH ESQUEDA seeks the following damagesfor the injuries

received as direct and proximate result of the incident made the basis ofthis lawsuit and of the Defendant’s negligence:

(a) Reasonable and necessary medical and other health care-related expenses

sustained in the past and which,

in reasonable probability, she will sustain in the

future;

(b) Loss and/or impairment of earnings and/or earning capacity sustained in

the past and which,in reasonable probability, she will sustain in the future;

(c) Physical pain sustained in the past and which,

in reasonable probability, he will sustain in the iture;

Plaintiff’s Original Petition Page

CERTIFIED COPY Page 5 of 9

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 13 of 47 PageID 13
(d) Mental anguish and emotional distress sustained in the past and which,

in

reasonable probability, she will sustain in the future;

(e) Physical impairment sustained in the past and which,

in reasonable probability, she will sustain in the future;

(f) Physical disgurement sustained in the past and which,

in reasonable probability, she will sustain in the future;

(g) Loss and/or impairment of his enjoyment of life sustained in the past and which,

in reasonable probability, she will sustain in the future.

17. Alternatively, PLAINTIFF seeks the above-listed damages

that PLAINTIFF

suffered as result of an aggravation of pre-existing condition(s) as result of the occurrence made the basis of this lawsuit. The injuries

sustained by the PLAINTIFF in the incident

complained about have aggravated, exacerbated and activated these previously dormant

conditions causing increased pain and discomfort to PLAINTIFF which resulted in additional medical treatment as result of the aggravation. VI. Damages of Plaintiff ROBERT LEE ESQUEDA

18. As direct and proximate result of all Defendant’s negligent acts and/or

omissions set forth above, ROBERT LEE ESQUEDA has suffered physical injuries and

damages

far in excess of the minimum jurisdictional

limits of this Court.

19. ROBERT LEE ESQUEDA seeks the following damages

for the injuriesreceived

as direct and proximate result of the incident made the basis of this lawsuit and of the Defendant’s negligence:

(a) Reasonable and necessary medical and other health care-related expenses

sustained in the past and which,

in reasonable probability, he will sustain in the

future;

(b) Loss and/or impairment of earnings and/or earning capacity sustained in

the past and which,

in reasonable probability, he will sustain in the future;

(c) Physical pain sustained in the past and which, in reasonable probability, he

Plaintiff’s Original Petition Page

CERTIFIED COPY Page 6 of 9

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 14 of 47 PageID 14
will sustain in the future;

(d) Mental anguish and emotional distress sustained in the past and which,

in

reasonable probability, he will sustain in the future;

(e) Physical impairment sustained in the past' and which,

in reasonable probability, he will sustain in the Jture;

(f) Physical disgurement sustained in the past and which,

in reasonable probability, he will sustain in the future;

(g) Loss and/or impairment of his enjoyment of life sustained in the past and which,

in reasonable probability, he will sustain in the future.

20. Alternatively, PLAINTIFF seeks the above-listed damages

that PLAINTIFF

suffered as result of an aggravation of pre-existing condition(s) as result of the occurrence made the basis of this lawsuit. The injuries

sustained by the PLAINTIFF in the incident

complained about have aggravated, exacerbated and activated these previously dormant

conditions causing increased pain and discomfort to PLAINTIFF which resulted in additional medical treatment as result ofthe aggravation. VII. Demand for Jury

21. PLAINTIFFS respectilly request trial by jury and have tendered jury fee. VIII. Plaintiffs’ Rule 193.7 Notice

22. PLAINTIFFS herebysubmit their Notice under Texas Rule of Civil Procedure

193.7 that they intend to use all documents produced by any party in response to written

discovery requests at any pretrial proceeding, trial, or both.

IX. WHEREFORE, PREMISES CONSIDERED, PLAINTIFFS, prays

that DEFENDANTS

be cited to appear and answer herein, and that upon nal trial that judgment be entered for PLAINTIFFS against DEFENDANTS for the following:

Plaintiff’s Original Petition Page

CERTIFIED COPY Page 7 of 9

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 15 of 47 PageID 15
a. Damages as set forth in this petition in an amount in excess of the minimum

jurisdictional

limits of this Court;

b. Pre-judgment

interest from the date of injury through the date ofjudgment at the maximum rate allowed by law;

c. Post-judgmentinterest at the maximum rate allowed by law from the date of

judgment until such judgment

is satised;

d. Costs of court; and

e. Such other and further relief, both at law and in equity, to which Plaintiff may be

justly entitled.

Respectfully submitted,

Stockard, Johnston Brown Netardus, P.C.

J. Daren Brown, Texas State Bar No. 24036271 dbrown@siblaw1m.com

P.O. Box 3280 Amarillo, Texas 791 16 Phone: (806) 372-2202

Fax: (806) 379-7799

J. aren WW»— érown Attorneys for Plaintiff

PLAINTIFFS HEREBY DEMAND TRIAL BY JURY

Plaintiff’s Original Petition Page

CERTIFIED COPY Page 8 of 9

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 16 of 47 PageID 16
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.

Rebecca McMurry on behalf of John Brown

Bar No. 24036271

rmcmurry@sjblawfirm.com

Envelope ID: 64318142

Status as of 5/9/2022 3:35 PM CST

Case Contacts

Name

John DBrown

Rebecca AMcMurry

BarNumber Email

dbrown@sjblawfirm.com

rmcmurry@sjblawfirm.com

TimestampSubmitted

5/9/2022 2:20:20 PM

5/9/2022 2:20:20 PM

Status

SENT

SENT

CERTIFIED COPY Page 9 of 9

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 17 of 47 PageID 17
I, Stephnie Menke, District Clerk of Potter

County, Texas certify that this is a true and

correct copy of the original record filed and or

recorded in my office, electronically or hard

copy, as it appears on this date.

Witness my official hand and seal of office 

this  ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ

Stephnie Menke, DISTRICT CLERK

POTTER COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated 

documents are valid. If there is a question regarding the validity of this document and or seal please 

contact 806-379-2307 or email civilinformation@co.potter.tx.us

14 day of June, 2022

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 18 of 47 PageID 18
Filed

Stephnie Menke

District Clerk

5/9/2022 2:20 PM

Potter County, Texas

By PB Deputy 110951-2-CV

CERTIFIED COPY Page 1 of 2

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 19 of 47 PageID 19
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.

Rebecca McMurry on behalf of John Brown

Bar No. 24036271

rmcmurry@sjblawfirm.com

Envelope ID: 64318142

Status as of 5/9/2022 3:35 PM CST

Case Contacts

Name

John DBrown

Rebecca AMcMurry

BarNumber Email

dbrown@sjblawfirm.com

rmcmurry@sjblawfirm.com

TimestampSubmitted

5/9/2022 2:20:20 PM

5/9/2022 2:20:20 PM

Status

SENT

SENT

CERTIFIED COPY Page 2 of 2

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 20 of 47 PageID 20
I, Stephnie Menke, District Clerk of Potter

County, Texas certify that this is a true and

correct copy of the original record filed and or

recorded in my office, electronically or hard

copy, as it appears on this date.

Witness my official hand and seal of office 

this  ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ

Stephnie Menke, DISTRICT CLERK

POTTER COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated 

documents are valid. If there is a question regarding the validity of this document and or seal please 

contact 806-379-2307 or email civilinformation@co.potter.tx.us

14 day of June, 2022

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 21 of 47 PageID 21
Filed

Stephnie Menke

District Clerk

5/9/2022 2:20 PM

Potter County, Texas

By PB Deputy

110951-2-CV

CERTIFIED COPY Page 1 of 2

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 22 of 47 PageID 22
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.

Rebecca McMurry on behalf of John Brown

Bar No. 24036271

rmcmurry@sjblawfirm.com

Envelope ID: 64318142

Status as of 5/9/2022 3:35 PM CST

Case Contacts

Name

John DBrown

Rebecca AMcMurry

BarNumber Email

dbrown@sjblawfirm.com

rmcmurry@sjblawfirm.com

TimestampSubmitted

5/9/2022 2:20:20 PM

5/9/2022 2:20:20 PM

Status

SENT

SENT

CERTIFIED COPY Page 2 of 2

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 23 of 47 PageID 23
I, Stephnie Menke, District Clerk of Potter

County, Texas certify that this is a true and

correct copy of the original record filed and or

recorded in my office, electronically or hard

copy, as it appears on this date.

Witness my official hand and seal of office 

this  ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ

Stephnie Menke, DISTRICT CLERK

POTTER COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated 

documents are valid. If there is a question regarding the validity of this document and or seal please 

contact 806-379-2307 or email civilinformation@co.potter.tx.us

14 day of June, 2022

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 24 of 47 PageID 24
Filed

Stephnie Menke

District Clerk

5/9/2022 4:12 PM

Potter County, Texas

By PB Deputy

CERTIFIED COPY Page 1 of 2

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 25 of 47 PageID 25
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.

Rebecca McMurry on behalf of John Brown

Bar No. 24036271

rmcmurry@sjblawfirm.com

Envelope ID: 64328006

Status as of 5/10/2022 8:16 AM CST

Case Contacts

Name

John DBrown

Rebecca AMcMurry

BarNumber Email

dbrown@sjblawfirm.com

rmcmurry@sjblawfirm.com

TimestampSubmitted

5/9/2022 4:12:45 PM

5/9/2022 4:12:45 PM

Status

SENT

SENT

CERTIFIED COPY Page 2 of 2

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 26 of 47 PageID 26
I, Stephnie Menke, District Clerk of Potter

County, Texas certify that this is a true and

correct copy of the original record filed and or

recorded in my office, electronically or hard

copy, as it appears on this date.

Witness my official hand and seal of office 

this  ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ

Stephnie Menke, DISTRICT CLERK

POTTER COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated 

documents are valid. If there is a question regarding the validity of this document and or seal please 

contact 806-379-2307 or email civilinformation@co.potter.tx.us

14 day of June, 2022

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 27 of 47 PageID 27
P.O. Box 9570 POTTER COUNTY Phone: 806-379-2300

Amarillo, Texas 79105-9570 Stephnie Menke, District Clerk Fax: 806-372-5061

501 S. Fillmore-Suite 1B http://www.co.potter.tx.us/page/potter.District.Clerk districtclerk@co.potter.tx.us

THE STATE OF TEXAS 

CIVIL

CITATION-PERSONAL SERVICE

CAUSE NO. 110951-2-CV

STYLE: ANDREA MARSH ESQUEDA AND ROBERT LEE ESQUEDA VS. GLORIA JEAN BERLIND AND JOHN 

FAYARD MOVING & WAREHOUSING, LLC

IN AND FOR THE: COUNTY COURT AT LAW #2 

TO: GLORIA JEAN BERLIND

627 37TH AVENUE NE

SAINT PETERSBURG FL 33704

NOTICE: YOU HAVE BEEN SUED. YOU MAY EMPLOY AN ATTORNEY. IF YOU OR YOUR ATTORNEY DO NOT 

FILE A WRITTEN ANSWER WITH THE CLERK WHO ISSUED THIS CITATION BY 10:00 A.M. ON THE 

MONDAY NEXT FOLLOWING THE EXPIRATION OF TWENTY DAYS AFTER YOU WERE SERVED THIS 

CITATION AND PETITION, A DEFAULT JUDGMENT MAY BE TAKEN AGAINST YOU. IN ADDITION TO FILING 

A WRITTEN ANSWER WITH THE CLERK, YOU MAY BE REQUIRED TO MAKE INITIAL DISCLOSURES TO THE 

OTHER PARTIES OF THIS SUIT. THESE DISCLOSURES GENERALLY MUST BE MADE NO LATER THAN 30 

DAYS AFTER YOU FILE YOUR ANSWER WITH THE CLERK. FIND OUT MORE AT TEXASLAWHELP.ORG. 

THE ADDRESS OF THE CLERK IS SHOWN ABOVE. THE PLAINTIFF’S PETITION WAS FILED MAY 09, 2022 IN 

THE COUNTY COURT AT LAW #2 LOCATED AT AMARILLO, POTTER COUNTY, TEXAS.

ATTACHED HERETO IS: PLAINTIFF'S ORIGINAL PETITION

THE ATTORNEY FOR THE PLAINTIFF IS: 

J. DAREN BROWN PO BOX 3280

AMARILLO TX 79116-3280

806-372-2202

ISSUED AND GIVEN UNDER MY HAND AND SEAL: MAY 10, 2022

 STEPHNIE MENKE, CLERK OF THE COURT

POTTER COUNTY, TEXAS

(OFFICER’S RETURN FOLLOWS)

 BY DEPUTY:

CERTIFIED COPY Page 1 of 4

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 28 of 47 PageID 28
P.O. Box 9570 POTTER COUNTY Phone: 806-379-2300

Amarillo, Texas 79105-9570 Stephnie Menke, District Clerk Fax: 806-372-5061

501 S. Fillmore-Suite 1B http://www.co.potter.tx.us/page/potter.District.Clerk districtclerk@co.potter.tx.us

RETURN OF SERVICE

CAUSE NO. 110951-2-CV

STYLE: ANDREA MARSH ESQUEDA AND ROBERT LEE ESQUEDA VS. GLORIA JEAN BERLIND AND JOHN 

FAYARD MOVING & WAREHOUSING, LLC

IN AND FOR THE: COUNTY COURT AT LAW #2 

CAME TO HAND ON THE ______ DAY OF ____________________, 20__, AT ________, O’CLOCK __.M., AND 

EXECUTED IN __________________________________ COUNTY, TEXAS BY PERSONALLY DELIVERING TO THE 

NAMED DEFENDANT(S), A TRUE COPY OF THIS CITATION WITH THE DATE OF DELIVERY ENDORSED THEREON, 

TOGETHER WITH ACCOMPANYING COPY OF PLAINTIFF'S ORIGINAL PETITION,IN PERSON, AT THE FOLLOWING 

TIMES AND PLACES, TO-WIT:

NAME OF INDIVIDUAL, CORPORATION, OR AGENT SERVED: 

____________________________________________________________________________________________

_____________________________________________________________________________________________

ADDRESS:__________________________________________________________________________

DATE: _________________________________________, 20__ AT________ O’CLOCK ___.M. 

AND NOT EXECUTED AS TO THE DEFENDANT(S), 

__________________________________________________________________________

THE DILIGENCE USED IN FINDING SAID DEFENDANT(S) BEING: 

________________________________________________________________

AND THE CAUSE OR FAILURE TO EXECUTE THIS PROCESS IS: 

___________________________________________________________________

AND THE INFORMATION RECEIVED AS TO THE WHEREABOUTS OF SAID DEFENDANT(S) BEING: 

_____________________________________________________________________________________________

_____________________________________________________________________________________________

FEES:

SERVING CITATION $__________

 ___________________________________________, SHERIFF

 ______________________________________, COUNTY, TEXAS

 BY: ________________________________________ _, DEPUTY

 __________________________________________, AFFIANT

COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT.

IN ACCORDANCE WITH RULE 107: THE OFFICER OR AUTHORIZED PERSON WHO SERVES, OR ATTEMPTS TO SERVE, A CITATION SHALL SIGN THE 

RETURN. THE RETURN MUST EITHER BE VERIFIED OR BE SIGNED UNDER PENALTY OF PERJURY. A RETURN SIGNED UNDER PENALTY OF PERJURY 

MUST CONTAIN THE STATEMENT BELOW IN SUBSTANTIALLY THE FOLLOWING FORM:

“MY NAME IS ________________________________, MY DATE OF BIRTH IS____________________, AND MY 

ADDRESS IS ________________________________________________________________________. 

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

Executed in __________________________County, State of_________________, on the 

___________day of _________________, 20____.

 

 _____________________________________________

 Declarant/Authorized Process Server

 _____________________________________________

 ID # & expiration of certification

CERTIFIED COPY Page 2 of 4

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 29 of 47 PageID 29
P.O. Box 9570 POTTER COUNTY Phone: 806-379-2300

Amarillo, Texas 79105-9570 Stephnie Menke, District Clerk Fax: 806-372-5061

501 S. Fillmore-Suite 1B http://www.co.potter.tx.us/page/potter.District.Clerk districtclerk@co.potter.tx.us

THE STATE OF TEXAS CIVIL

CITATION-PERSONAL SERVICE

CAUSE NO. 110951-2-CV

STYLE: ANDREA MARSH ESQUEDA AND ROBERT LEE ESQUEDA VS. GLORIA JEAN BERLIND AND JOHN 

FAYARD MOVING & WAREHOUSING, LLC

IN AND FOR THE: COUNTY COURT AT LAW #2 

TO: GLORIA JEAN BERLIND

627 37TH AVENUE NE

SAINT PETERSBURG FL 33704

NOTICE: YOU HAVE BEEN SUED. YOU MAY EMPLOY AN ATTORNEY. IF YOU OR YOUR ATTORNEY DO NOT 

FILE A WRITTEN ANSWER WITH THE CLERK WHO ISSUED THIS CITATION BY 10:00 A.M. ON THE 

MONDAY NEXT FOLLOWING THE EXPIRATION OF TWENTY DAYS AFTER YOU WERE SERVED THIS 

CITATION AND PETITION, A DEFAULT JUDGMENT MAY BE TAKEN AGAINST YOU. IN ADDITION TO FILING 

A WRITTEN ANSWER WITH THE CLERK, YOU MAY BE REQUIRED TO MAKE INITIAL DISCLOSURES TO THE 

OTHER PARTIES OF THIS SUIT. THESE DISCLOSURES GENERALLY MUST BE MADE NO LATER THAN 30 

DAYS AFTER YOU FILE YOUR ANSWER WITH THE CLERK. FIND OUT MORE AT TEXASLAWHELP.ORG. 

THE ADDRESS OF THE CLERK IS SHOWN ABOVE. THE PLAINTIFF’S PETITION WAS FILED MAY 09, 2022 IN 

THE COUNTY COURT AT LAW #2 LOCATED AT AMARILLO, POTTER COUNTY, TEXAS.

ATTACHED HERETO IS: PLAINTIFF'S ORIGINAL PETITION

THE ATTORNEY FOR THE PLAINTIFF IS: 

J. DAREN BROWN PO BOX 3280

AMARILLO TX 79116-3280

806-372-2202

806-372-2202

ISSUED AND GIVEN UNDER MY HAND AND SEAL: MAY 10, 2022

 STEPHNIE MENKE, CLERK OF THE COURT

POTTER COUNTY, TEXAS

(OFFICER’S RETURN FOLLOWS)

 BY DEPUTY:

CERTIFIED COPY Page 3 of 4

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 30 of 47 PageID 30
P.O. Box 9570 POTTER COUNTY Phone: 806-379-2300

Amarillo, Texas 79105-9570 Stephnie Menke, District Clerk Fax: 806-372-5061

501 S. Fillmore-Suite 1B http://www.co.potter.tx.us/page/potter.District.Clerk districtclerk@co.potter.tx.us

RETURN OF SERVICE

CAUSE NO. 110951-2-CV

STYLE: ANDREA MARSH ESQUEDA AND ROBERT LEE ESQUEDA VS. GLORIA JEAN BERLIND AND JOHN 

FAYARD MOVING & WAREHOUSING, LLC

IN AND FOR THE: COUNTY COURT AT LAW #2 

CAME TO HAND ON THE ______ DAY OF ____________________, 20__, AT ________, O’CLOCK __.M., AND 

EXECUTED IN __________________________________ COUNTY, TEXAS BY PERSONALLY DELIVERING TO THE 

NAMED DEFENDANT(S), A TRUE COPY OF THIS CITATION WITH THE DATE OF DELIVERY ENDORSED THEREON, 

TOGETHER WITH ACCOMPANYING COPY OF PLAINTIFF'S ORIGINAL PETITION,IN PERSON, AT THE FOLLOWING 

TIMES AND PLACES, TO-WIT:

NAME OF INDIVIDUAL, CORPORATION, OR AGENT SERVED: 

____________________________________________________________________________________________

_____________________________________________________________________________________________

ADDRESS:__________________________________________________________________________

DATE: _________________________________________, 20__ AT________ O’CLOCK ___.M. 

AND NOT EXECUTED AS TO THE DEFENDANT(S), 

__________________________________________________________________________

THE DILIGENCE USED IN FINDING SAID DEFENDANT(S) BEING: 

________________________________________________________________

AND THE CAUSE OR FAILURE TO EXECUTE THIS PROCESS IS: 

___________________________________________________________________

AND THE INFORMATION RECEIVED AS TO THE WHEREABOUTS OF SAID DEFENDANT(S) BEING: 

_____________________________________________________________________________________________

_____________________________________________________________________________________________

FEES:

SERVING CITATION $__________

 ___________________________________________, SHERIFF

 ______________________________________, COUNTY, TEXAS

 BY: ________________________________________ _, DEPUTY

 __________________________________________, AFFIANT

COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT.

IN ACCORDANCE WITH RULE 107: THE OFFICER OR AUTHORIZED PERSON WHO SERVES, OR ATTEMPTS TO SERVE, A CITATION SHALL SIGN THE 

RETURN. THE RETURN MUST EITHER BE VERIFIED OR BE SIGNED UNDER PENALTY OF PERJURY. A RETURN SIGNED UNDER PENALTY OF PERJURY 

MUST CONTAIN THE STATEMENT BELOW IN SUBSTANTIALLY THE FOLLOWING FORM:

“MY NAME IS ________________________________, MY DATE OF BIRTH IS____________________, AND MY 

ADDRESS IS ________________________________________________________________________. 

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

Executed in __________________________County, State of_________________, on the 

___________day of _________________, 20____.

 

 _____________________________________________

 Declarant/Authorized Process Server

 _____________________________________________

 ID # & expiration of certification 

CERTIFIED COPY Page 4 of 4

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 31 of 47 PageID 31
I, Stephnie Menke, District Clerk of Potter

County, Texas certify that this is a true and

correct copy of the original record filed and or

recorded in my office, electronically or hard

copy, as it appears on this date.

Witness my official hand and seal of office 

this  ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ

Stephnie Menke, DISTRICT CLERK

POTTER COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated 

documents are valid. If there is a question regarding the validity of this document and or seal please 

contact 806-379-2307 or email civilinformation@co.potter.tx.us

14 day of June, 2022

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 32 of 47 PageID 32
P.O. Box 9570 POTTER COUNTY Phone: 806-379-2300

Amarillo, Texas 79105-9570 Stephnie Menke, District Clerk Fax: 806-372-5061

501 S. Fillmore-Suite 1B http://www.co.potter.tx.us/page/potter.District.Clerk districtclerk@co.potter.tx.us

THE STATE OF TEXAS 

CIVIL

CITATION-PERSONAL SERVICE

CAUSE NO. 110951-2-CV

STYLE: ANDREA MARSH ESQUEDA AND ROBERT LEE ESQUEDA VS. GLORIA JEAN BERLIND AND JOHN 

FAYARD MOVING & WAREHOUSING, LLC

IN AND FOR THE: COUNTY COURT AT LAW #2 

TO: JOHN FAYARD MOVING & WAREHOUE, LLC, BY SERVING ITS REGISTERED AGENT,

JOHN R. FAYARD, JR.

13486 FASTWAY LANE

GULFPORT MS 39503

 

NOTICE: YOU HAVE BEEN SUED. YOU MAY EMPLOY AN ATTORNEY. IF YOU OR YOUR ATTORNEY DO NOT 

FILE A WRITTEN ANSWER WITH THE CLERK WHO ISSUED THIS CITATION BY 10:00 A.M. ON THE 

MONDAY NEXT FOLLOWING THE EXPIRATION OF TWENTY DAYS AFTER YOU WERE SERVED THIS 

CITATION AND PETITION, A DEFAULT JUDGMENT MAY BE TAKEN AGAINST YOU. IN ADDITION TO FILING 

A WRITTEN ANSWER WITH THE CLERK, YOU MAY BE REQUIRED TO MAKE INITIAL DISCLOSURES TO THE 

OTHER PARTIES OF THIS SUIT. THESE DISCLOSURES GENERALLY MUST BE MADE NO LATER THAN 30 

DAYS AFTER YOU FILE YOUR ANSWER WITH THE CLERK. FIND OUT MORE AT TEXASLAWHELP.ORG. 

THE ADDRESS OF THE CLERK IS SHOWN ABOVE. THE PLAINTIFF’S PETITION WAS FILED MAY 09, 2022 IN 

THE COUNTY COURT AT LAW #2 LOCATED AT AMARILLO, POTTER COUNTY, TEXAS.

ATTACHED HERETO IS: PLAINTIFF'S ORIGINAL PETITIOON

THE ATTORNEY FOR THE PLAINTIFF IS: 

J. DAREN BROWN PO BOX 3280

AMARILLO TX 79116-3280

806-372-2202

J. DAREN BROWN

ISSUED AND GIVEN UNDER MY HAND AND SEAL: MAY 10, 2022

 STEPHNIE MENKE, CLERK OF THE COURT

POTTER COUNTY, TEXAS

(OFFICER’S RETURN FOLLOWS)

 BY DEPUTY:

CERTIFIED COPY Page 1 of 4

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 33 of 47 PageID 33
P.O. Box 9570 POTTER COUNTY Phone: 806-379-2300

Amarillo, Texas 79105-9570 Stephnie Menke, District Clerk Fax: 806-372-5061

501 S. Fillmore-Suite 1B http://www.co.potter.tx.us/page/potter.District.Clerk districtclerk@co.potter.tx.us

RETURN OF SERVICE

CAUSE NO. 110951-2-CV

STYLE: ANDREA MARSH ESQUEDA AND ROBERT LEE ESQUEDA VS. GLORIA JEAN BERLIND AND JOHN 

FAYARD MOVING & WAREHOUSING, LLC

IN AND FOR THE: COUNTY COURT AT LAW #2 

CAME TO HAND ON THE ______ DAY OF ____________________, 20__, AT ________, O’CLOCK __.M., AND 

EXECUTED IN __________________________________ COUNTY, TEXAS BY PERSONALLY DELIVERING TO THE 

NAMED DEFENDANT(S), A TRUE COPY OF THIS CITATION WITH THE DATE OF DELIVERY ENDORSED THEREON, 

TOGETHER WITH ACCOMPANYING COPY OF PLAINTIFF'S ORIGINAL PETITIOON,IN PERSON, AT THE FOLLOWING 

TIMES AND PLACES, TO-WIT:

NAME OF INDIVIDUAL, CORPORATION, OR AGENT SERVED: 

____________________________________________________________________________________________

_____________________________________________________________________________________________

ADDRESS:__________________________________________________________________________

DATE: _________________________________________, 20__ AT________ O’CLOCK ___.M. 

AND NOT EXECUTED AS TO THE DEFENDANT(S), 

__________________________________________________________________________

THE DILIGENCE USED IN FINDING SAID DEFENDANT(S) BEING: 

________________________________________________________________

AND THE CAUSE OR FAILURE TO EXECUTE THIS PROCESS IS: 

___________________________________________________________________

AND THE INFORMATION RECEIVED AS TO THE WHEREABOUTS OF SAID DEFENDANT(S) BEING: 

_____________________________________________________________________________________________

_____________________________________________________________________________________________

FEES:

SERVING CITATION $__________

 ___________________________________________, SHERIFF

 ______________________________________, COUNTY, TEXAS

 BY: ________________________________________ _, DEPUTY

 __________________________________________, AFFIANT

COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT.

IN ACCORDANCE WITH RULE 107: THE OFFICER OR AUTHORIZED PERSON WHO SERVES, OR ATTEMPTS TO SERVE, A CITATION SHALL SIGN THE 

RETURN. THE RETURN MUST EITHER BE VERIFIED OR BE SIGNED UNDER PENALTY OF PERJURY. A RETURN SIGNED UNDER PENALTY OF PERJURY 

MUST CONTAIN THE STATEMENT BELOW IN SUBSTANTIALLY THE FOLLOWING FORM:

“MY NAME IS ________________________________, MY DATE OF BIRTH IS____________________, AND MY 

ADDRESS IS ________________________________________________________________________. 

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

Executed in __________________________County, State of_________________, on the 

___________day of _________________, 20____.

 

 _____________________________________________

 Declarant/Authorized Process Server

 _____________________________________________

 ID # & expiration of certification

CERTIFIED COPY Page 2 of 4

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 34 of 47 PageID 34
P.O. Box 9570 POTTER COUNTY Phone: 806-379-2300

Amarillo, Texas 79105-9570 Stephnie Menke, District Clerk Fax: 806-372-5061

501 S. Fillmore-Suite 1B http://www.co.potter.tx.us/page/potter.District.Clerk districtclerk@co.potter.tx.us

THE STATE OF TEXAS CIVIL

CITATION-PERSONAL SERVICE

CAUSE NO. 110951-2-CV

STYLE: ANDREA MARSH ESQUEDA AND ROBERT LEE ESQUEDA VS. GLORIA JEAN BERLIND AND JOHN 

FAYARD MOVING & WAREHOUSING, LLC

IN AND FOR THE: COUNTY COURT AT LAW #2 

TO: JOHN FAYARD MOVING & WAREHOUE, LLC, BY SERVING ITS REGISTERED AGENT,

JOHN R. FAYARD, JR.

10323 EXPRESS DRIVE

GULFPORT MS 39503

 

NOTICE: YOU HAVE BEEN SUED. YOU MAY EMPLOY AN ATTORNEY. IF YOU OR YOUR ATTORNEY DO NOT 

FILE A WRITTEN ANSWER WITH THE CLERK WHO ISSUED THIS CITATION BY 10:00 A.M. ON THE 

MONDAY NEXT FOLLOWING THE EXPIRATION OF TWENTY DAYS AFTER YOU WERE SERVED THIS 

CITATION AND PETITION, A DEFAULT JUDGMENT MAY BE TAKEN AGAINST YOU. IN ADDITION TO FILING 

A WRITTEN ANSWER WITH THE CLERK, YOU MAY BE REQUIRED TO MAKE INITIAL DISCLOSURES TO THE 

OTHER PARTIES OF THIS SUIT. THESE DISCLOSURES GENERALLY MUST BE MADE NO LATER THAN 30 

DAYS AFTER YOU FILE YOUR ANSWER WITH THE CLERK. FIND OUT MORE AT TEXASLAWHELP.ORG. 

THE ADDRESS OF THE CLERK IS SHOWN ABOVE. THE PLAINTIFF’S PETITION WAS FILED MAY 09, 2022 IN 

THE COUNTY COURT AT LAW #2 LOCATED AT AMARILLO, POTTER COUNTY, TEXAS.

ATTACHED HERETO IS: PLAINTIFF'S ORIGINAL PETITIOON

THE ATTORNEY FOR THE PLAINTIFF IS: 

J. DAREN BROWN PO BOX 3280

AMARILLO TX 79116-3280

806-372-2202

806-372-2202

ISSUED AND GIVEN UNDER MY HAND AND SEAL: MAY 10, 2022

 STEPHNIE MENKE, CLERK OF THE COURT

POTTER COUNTY, TEXAS

(OFFICER’S RETURN FOLLOWS)

 BY DEPUTY:

CERTIFIED COPY Page 3 of 4

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 35 of 47 PageID 35
P.O. Box 9570 POTTER COUNTY Phone: 806-379-2300

Amarillo, Texas 79105-9570 Stephnie Menke, District Clerk Fax: 806-372-5061

501 S. Fillmore-Suite 1B http://www.co.potter.tx.us/page/potter.District.Clerk districtclerk@co.potter.tx.us

RETURN OF SERVICE

CAUSE NO. 110951-2-CV

STYLE: ANDREA MARSH ESQUEDA AND ROBERT LEE ESQUEDA VS. GLORIA JEAN BERLIND AND JOHN 

FAYARD MOVING & WAREHOUSING, LLC

IN AND FOR THE: COUNTY COURT AT LAW #2 

CAME TO HAND ON THE ______ DAY OF ____________________, 20__, AT ________, O’CLOCK __.M., AND 

EXECUTED IN __________________________________ COUNTY, TEXAS BY PERSONALLY DELIVERING TO THE 

NAMED DEFENDANT(S), A TRUE COPY OF THIS CITATION WITH THE DATE OF DELIVERY ENDORSED THEREON, 

TOGETHER WITH ACCOMPANYING COPY OF PLAINTIFF'S ORIGINAL PETITIOON,IN PERSON, AT THE FOLLOWING 

TIMES AND PLACES, TO-WIT:

NAME OF INDIVIDUAL, CORPORATION, OR AGENT SERVED: 

____________________________________________________________________________________________

_____________________________________________________________________________________________

ADDRESS:__________________________________________________________________________

DATE: _________________________________________, 20__ AT________ O’CLOCK ___.M. 

AND NOT EXECUTED AS TO THE DEFENDANT(S), 

__________________________________________________________________________

THE DILIGENCE USED IN FINDING SAID DEFENDANT(S) BEING: 

________________________________________________________________

AND THE CAUSE OR FAILURE TO EXECUTE THIS PROCESS IS: 

___________________________________________________________________

AND THE INFORMATION RECEIVED AS TO THE WHEREABOUTS OF SAID DEFENDANT(S) BEING: 

_____________________________________________________________________________________________

_____________________________________________________________________________________________

FEES:

SERVING CITATION $__________

 ___________________________________________, SHERIFF

 ______________________________________, COUNTY, TEXAS

 BY: ________________________________________ _, DEPUTY

 __________________________________________, AFFIANT

COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT.

IN ACCORDANCE WITH RULE 107: THE OFFICER OR AUTHORIZED PERSON WHO SERVES, OR ATTEMPTS TO SERVE, A CITATION SHALL SIGN THE 

RETURN. THE RETURN MUST EITHER BE VERIFIED OR BE SIGNED UNDER PENALTY OF PERJURY. A RETURN SIGNED UNDER PENALTY OF PERJURY 

MUST CONTAIN THE STATEMENT BELOW IN SUBSTANTIALLY THE FOLLOWING FORM:

“MY NAME IS ________________________________, MY DATE OF BIRTH IS____________________, AND MY 

ADDRESS IS ________________________________________________________________________. 

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

Executed in __________________________County, State of_________________, on the 

___________day of _________________, 20____.

 

 _____________________________________________

 Declarant/Authorized Process Server

 _____________________________________________

 ID # & expiration of certification 

CERTIFIED COPY Page 4 of 4

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 36 of 47 PageID 36
I, Stephnie Menke, District Clerk of Potter

County, Texas certify that this is a true and

correct copy of the original record filed and or

recorded in my office, electronically or hard

copy, as it appears on this date.

Witness my official hand and seal of office 

this  ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ

Stephnie Menke, DISTRICT CLERK

POTTER COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated 

documents are valid. If there is a question regarding the validity of this document and or seal please 

contact 806-379-2307 or email civilinformation@co.potter.tx.us

14 day of June, 2022

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 37 of 47 PageID 37
Filed

Stephnie Menke

District Clerk

5/23/2022 11:08 AM

Potter County, Texas

By JW Deputy

CERTIFIED COPY Page 1 of 3

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 38 of 47 PageID 38
CERTIFIED COPY Page 2 of 3

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 39 of 47 PageID 39
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.

Rebecca McMurry on behalf of John Brown

Bar No. 24036271

rmcmurry@sjblawfirm.com

Envelope ID: 64747879

Status as of 5/23/2022 12:15 PM CST

Case Contacts

Name

John DBrown

BarNumber Email

dbrown@sjblawfirm.com

TimestampSubmitted

5/23/2022 11:08:21 AM

Status

SENT

CERTIFIED COPY Page 3 of 3

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 40 of 47 PageID 40
I, Stephnie Menke, District Clerk of Potter

County, Texas certify that this is a true and

correct copy of the original record filed and or

recorded in my office, electronically or hard

copy, as it appears on this date.

Witness my official hand and seal of office 

this  ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ

Stephnie Menke, DISTRICT CLERK

POTTER COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated 

documents are valid. If there is a question regarding the validity of this document and or seal please 

contact 806-379-2307 or email civilinformation@co.potter.tx.us

14 day of June, 2022

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 41 of 47 PageID 41
DEFENDANT JOHN FAYARD MOVING & WAREHOUSING LLC’S ANSWER TO 

PLAINTIFF’S ORIGINAL PETITION—PAGE 1 

CAUSE NO. 110951-2-CV 

ANDREA MARSH ESQUEDA and § COUNTY COURT AT LAW #2 

ROBERT LEE ESQUEDA, § 

 Plaintiffs, § 

 §

v. § IN AND FOR 

 § 

GLORIA JEAN BERLIND and § 

JOHN FAYARD MOVING & § 

WAREHOUSING, LLC, § 

Defendants. § POTTER COUNTY, TEXAS 

DEFENDANT JOHN FAYARD MOVING & WAREHOUSING, LLC’S ANSWER TO 

PLAINTIFFS’ ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT: 

 NOW COMES, Defendant, JOHN FAYARD MOVING & WAREHOUSING, LLC 

(“Defendant” or “JOHN FAYARD”) and submits its Answer to Plaintiffs’ Original Petition and 

shows the Court the following: 

I. 

MOTION FOR LEVEL THREE DISCOVERY CONTROL PLAN

1. Pursuant to TEX. R. CIV. P 190.4, Defendant hereby moves the Court for an order 

requiring the parties to conduct discovery under Level 3 and enter an appropriate scheduling 

order. 

II.

GENERAL DENIAL

2. In accordance with Tex. R. Civ. P. 92, Defendant hereby asserts a general denial 

to all claims in Plaintiffs’ Original Petition (“Petition”) and generally denies each and every, all 

and singular, material allegations and claims asserted in the Petition and/or in any subsequent 

petition and demands strict proof by a preponderance of the evidence according to Texas law. 

II. 

AFFIRMATIVE DEFENSES

Filed

Stephnie Menke

District Clerk

6/13/2022 9:42 AM

Potter County, Texas

By PB Deputy

CERTIFIED COPY Page 1 of 5

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 42 of 47 PageID 42
DEFENDANT JOHN FAYARD MOVING & WAREHOUSING LLC’S ANSWER TO 

PLAINTIFF’S ORIGINAL PETITION—PAGE 2 

 Pleading in the alternative, and without waiving the above and foregoing, Defendant asserts 

the following affirmative defenses against Plaintiffs’ claims: 

3. Contributory Negligence. At all relevant times, and shortly before, immediately 

before and/or at the time of the collision/incident in question, Plaintiffs Andrea Marsh Esqueda and 

Robert Lee Esqueda (Plaintiffs or “Esquedas”) were negligent, contributorily negligent, and failed 

to use ordinary care by failing to act as ordinarily prudent persons or reasonable persons would have 

acted under the same or similar circumstances. Such contributory negligence, comparative fault, or 

proportionate responsibility of Plaintiffs, either singularly or in combination, was the sole proximate 

cause, or alternatively, a proximate cause, of the incident in question, and any injuries or damages 

sustained by Plaintiff. Any and all recovery of Plaintiffs is barred by Plaintiffs’ own proportionate 

responsibility, comparative fault, negligence, and/or negligence per se described above, in 

accordance with TEX. CIV. PRAC. & REM. CODE §33.001. Alternatively, Defendant hereby 

asserts that the trier of fact be allowed to determine the percentage of responsibility of Plaintiffs in 

accordance with Chapter 33.001 et seq. of the Texas Civil Practice and Remedies Code, including 

Sections 33.001, 33.003, 33.004, 33.011, 33.012, and 33.013. The recovery of any damages of 

Plaintiffs on their claims and causes of action are therefore barred by Plaintiffs’ own proportionate 

responsibility, negligence, or fault, or alternatively, the Court must reduce the amount of damages to 

be recovered by Plaintiffs by a percentage equal to the percentage of responsibility of Plaintiffs 

determined by the jury at trial, pursuant to TEX. CIV. PRAC. & REM. CODE ANN. §§ 33.001, 

33.003, 33.004, 33.011, 33.012, and 33.013. 

4. Right to Proportionate Responsibility/Comparative Fault Determination of all 

Parties. In accordance with TEX. CIV. PRAC. & REM. CODE §§ 33.001, 33.003, 33.004, 33.011,

33.012 and 33.013, Defendant asserts that that the jury be allowed to determine the percentage of 

CERTIFIED COPY Page 2 of 5

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 43 of 47 PageID 43
DEFENDANT JOHN FAYARD MOVING & WAREHOUSING LLC’S ANSWER TO 

PLAINTIFF’S ORIGINAL PETITION—PAGE 3 

proportionate responsibility or comparative fault as to each claimant/decedent, each defendant, each 

settling person and each designated responsible third party with respect to each said person’s or 

entity’s causing or contributing to cause in any way the alleged harm and damages for which 

Plaintiffs seek recovery, whether by negligent act or omission or by other conduct or activity that 

violates an applicable legal standard. Defendant hereby asserts and invokes the proportionate 

responsibility/comparative fault provisions of TEX.CIV. PRAC. & REM. CODE § 33.001 et. seq. 

5. Under Section 304.1045 of the TEXAS FINANCE CODE, Defendant cannot be 

liable to Plaintiffs for any pre-judgment interest on future damages. 

6. Plaintiffs’ recovery of any loss of earnings, loss of earning capacity, loss of 

contributions of a pecuniary value, or loss of inheritance, is limited to net loss after reduction for 

income tax payments or unpaid tax liability under the federal income tax law of the United 

States, in accordance with TEX. CIV. PRAC & REM CODE ANN. §18.091(a). Defendant is entitled 

to an instruction to the jury that any recovery for loss of earnings, loss of earning capacity, loss 

of contributions of a pecuniary value, or loss of inheritance is subject to federal income taxes, in 

accordance with TEX. CIV. PRAC & REM CODE ANN. §18.091(b). 

III. 

DEMAND FOR A JURY TRIAL

7. Defendant hereby timely demands its right to a jury trial on all triable issues. 

PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant JOHN FAYARD MOVING & 

WAREHOUSING LLC requests that this Court upon final trial of this cause enter final judgment 

that Plaintiffs take nothing by their suit and that Defendant JOHN FAYARD MOVING & 

WAREHOUSING LLC recover its costs of court, and for such other and further relief, at law or in 

equity, general or special, to which it may show itself justly entitled. 

CERTIFIED COPY Page 3 of 5

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 44 of 47 PageID 44
DEFENDANT JOHN FAYARD MOVING & WAREHOUSING LLC’S ANSWER TO 

PLAINTIFF’S ORIGINAL PETITION—PAGE 4 

Respectfully submitted, 

MULLIN HOARD & BROWN, L.L.P. 

Danny M. Needham, TBN: 14854400 

Christopher W. Weber, TBN: 00797640 

C. Wade Overstreet, TBN: 24029758 

P. O. Box 31656 

Amarillo, Texas 79120-1656 

Telephone: (806) 372-5050 

Facsimile: (806) 372-5086 

dmneedham@mhba.com – Email 

cweber@mhba.com – Email 

woverstreet@mhba.com – Email 

By: /s/ Danny M. Needham 

 Danny M. Needham 

ATTORNEYS FOR DEFENDANT JOHN 

FAYARD MOVING & WAREHOUSING LLC 

 

CERTIFICATE OF SERVICE

I hereby certify that, on this 13th day of June 2022, I electronically filed the foregoing 

document with the State of Texas electronic filing system through eFileTexas.gov, and that a true 

and correct copy was served on the parties listed below through the electronic case filing system 

by email if they are registered, and by email if they are not registered with the electronic case 

filing system: 

J. Daren Brown 

STOCKARD JOHNSTON BROWN & NETARDUS, PC

P.O. Box 3280 

Amarillo, TX 79116 

Email: dbrown@sjblawfirm.com 

Attorney for Plaintiffs

/s/ Danny M. Needham

 Danny M. Needham

CERTIFIED COPY Page 4 of 5

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 45 of 47 PageID 45
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.

Erica Anderson on behalf of Danny Needham

Bar No. 14854400

eanderson@mhba.com

Envelope ID: 65365473

Status as of 6/13/2022 11:14 AM CST

Case Contacts

Name

John DBrown

Rebecca AMcMurry

BarNumber Email

dbrown@sjblawfirm.com

rmcmurry@sjblawfirm.com

TimestampSubmitted

6/13/2022 9:42:45 AM

6/13/2022 9:42:45 AM

Status

SENT

SENT

Associated Case Party: John Fayard Moving & Warehouse, LLC

Name

Christopher Weber

Lisa Reed

Wade Overstreet

Danny Needham

Erica Anderson

BarNumber Email

cweber@mhba.com

lreed@mhba.com

woverstreet@mhba.com

dmneedham@mhba.com

eanderson@mhba.com

TimestampSubmitted

6/13/2022 9:42:45 AM

6/13/2022 9:42:45 AM

6/13/2022 9:42:45 AM

6/13/2022 9:42:45 AM

6/13/2022 9:42:45 AM

Status

SENT

SENT

SENT

SENT

SENT

CERTIFIED COPY Page 5 of 5

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 46 of 47 PageID 46
I, Stephnie Menke, District Clerk of Potter

County, Texas certify that this is a true and

correct copy of the original record filed and or

recorded in my office, electronically or hard

copy, as it appears on this date.

Witness my official hand and seal of office 

this  ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ ͅ

Stephnie Menke, DISTRICT CLERK

POTTER COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated 

documents are valid. If there is a question regarding the validity of this document and or seal please 

contact 806-379-2307 or email civilinformation@co.potter.tx.us

14 day of June, 2022

Case 2:22-cv-00123-Z-BR Document 1 Filed 06/15/22 Page 47 of 47 PageID 47