NOTICE OF REMOVAL PAGE 1 OF 7

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

MAXINE MOSLEY

PLAINTIFF,

v.

WAL-MART STORES TEXAS, LLC

DEFENDANT.

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CIVIL ACTION NO.__________________

NOTICE OF REMOVAL

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, WAL-MART STORES TEXAS, LLC (“Defendant”) and files this 

Notice of Removal pursuant to 28 U.S.C. §§ 1441 and 1332.

I.

INTRODUCTION

1. Pursuant to 28 U.S.C. § 1441, et seq., this civil action is removed from the 14th

Judicial District Court, Dallas County, Texas, where this matter was pending under Cause No. 

DC-22-04453, in a matter styled Maxine Mosely v. Wal-Mart Stores Texas, LLC (the “State 

Court Action”).

II.

NATURE OF THE SUIT

2. Plaintiff brings this lawsuit under theories of negligence and gross negligence

based on her alleged personal injury in Defendant’s parking lot. See Plaintiff’s Original Petition, 

¶12. Plaintiff alleges that on or about November 3, 2021, received injuries due to falling in the 

parking lot because of a large hole in the parking lot causing her injuries. Id. at ¶6. Defendant 

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timely filed its Original Answer, denying Plaintiff’s allegations and asserting its affirmative 

defenses. See Defendant’s Original Answer.

III.

TIMELINESS OF REMOVAL

3. Plaintiff commenced this lawsuit by filing her Original Petition on April 27, 2022. 

Defendant accepted service on June 29, 2022 through its agent, CT Corporation System. This 

removal is timely because it is filed within 30 days after Wal-Mart ascertained that the case is 

one which is or has become removable. 28 U.S.C. § 1446.1

IV.

BASIS FOR REMOVAL JURISDICTION

5. Removal is proper under 28 U.S.C. §§ 1441 and 1332 because there is complete 

diversity of citizenship between Plaintiff and Defendant, and the amount in controversy exceeds 

$75,000, exclusive of interest and costs, as evidenced by Plaintiff’s settlement demand.

6. Plaintiff is domiciled in the state of Texas and therefore is a citizen of Texas. 

7. Plaintiff sued Defendant Wal-Mart Stores Texas, LLC, which is now and was at 

the time of filing of this action a Delaware Limited Liability Company with its principal place of 

business in Arkansas. The citizenship of an LLC is the same as the citizenship of all of its 

members. Harvey v. Grey Wolf Drilling, Co., 542 F.3d 1077, 1080 (5th Cir. 2008). Wal-Mart 

Real Estate Business Trust is the sole member of Wal-Mart Stores Texas, LLC. 

8. Wal-Mart Real Estate Business Trust is a statutory business trust organized under 

the laws of the State of Delaware with its principal place of business in Arkansas. The 

citizenship of a statutory trust is the citizenship of its members, which includes its shareholders. 

 

1

Per Federal Rule of Civil Procedure 6(a)(1)(C), if the last day of a period falls on a legal holiday, the period 

continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

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Americold Realty Tr. v. Conagra Foods, Inc., 136 S. Ct. 1012, 1016 (2016); Bynane v. Bank of 

New York Mellon for CWMBS, Inc. Asset-Backed Certificates Series 2006-24, 866 F.3d 351, 358 

(5th Cir. 2017); U.S. Bank Tr., N.A. v. Dupre, 615CV0558LEKTWD, 2016 WL 5107123, at *4 

(N.D.N.Y. Sept. 20, 2016) (finding that a Delaware statutory trust “seems precisely like the type 

[of trust] considered by the Supreme Court in Americold”). The sole unit/shareholder of WalMart Real Estate Business Trust is Wal-Mart Property Co. 

9. A corporation is “‘a citizen of every State and foreign state by which it has been

incorporated and of the State or foreign state where it has its principal place of business.’” 

MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019) (quoting 28 

U.S.C. § 1332(c)(1)). Wal-Mart Property Co. is an incorporated entity under the laws of the 

State of Delaware with its principal place of business in Arkansas. Therefore, Wal-Mart 

Property Co. is a citizen of Delaware and Arkansas. Wal-Mart Property Co. is also a wholly 

owned subsidiary of Wal-Mart Stores East, LP.

10. Wal-Mart Stores East, LP is a Delaware limited partnership. The citizenship of a 

limited partnership, for diversity jurisdiction purposes, is based upon the citizenship of each of 

its partners. Harvey, 542 F.3d at 1079. WSE Management, LLC is the general partner of WalMart Stores East, LP, and WSE Investment, LLC is the limited partner. The citizenship of these 

LLCs is determined by the citizenship of each of its members. See id. at 1080. The sole member 

of WSE Management, LLC and WSE Investment, LLC is Wal-Mart Stores East, LLC (f/k/a 

Wal-Mart Stores East, Inc.). 

11. Wal-Mart Stores East, LLC is a limited liability company formed under the laws 

of the State of Arkansas and has its principal place of business in Arkansas. The citizenship of 

an LLC is the same as the citizenship of all of its members. Id. The sole member of Wal-Mart 

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Stores East, LLC is Walmart Inc. (f/k/a Wal-Mart Stores, Inc.). 

12. Wal-Mart Inc. is an incorporated entity under the laws of the State of Delaware 

and has its principal place of business in Arkansas. Therefore, Wal-Mart Inc. is a citizen of 

Delaware and Arkansas. See MidCap Media Fin., L.L.C., 929 F.3d at 314.

13. Accordingly, for diversity purposes, Defendant Wal-Mart Stores Texas, LLC is a 

citizen of Delaware and Arkansas. 

14. Thus, this lawsuit is between citizens of different states, and there is complete 

diversity of citizenship between Plaintiff and Wal-Mart Stores Texas, LLC pursuant to 28 U.S.C. 

§ 1332. 

15. Plaintiff seeks past and future pain and suffering, past and future medical 

expenses, past and future physical impairment, past and future physical disfigurement; past and 

future wages; loss of wage earning capacity; reduced future earning capacity; post and prejudgment interest; loss of household services in the past and fugure; pas and future medical 

monitoring and loss of the enjoyment of life, to which Plaintiff may be entitled, as set forth in 

Plaintiff’s Original Petition. See ¶21.

16. In Plaintiff’s Original Petition, Plaintiff seeks monetary relief of at last 

$250,000.00 but not more than $1,000,000.00 Id. at ¶24. Thus, the amount in controversy 

exceeds the jurisdictional minimum for removal to this Court.

V.

THIS NOTICE IS PROCEDURALLY CORRECT

17. Based on the aforementioned facts, the State Court Action may be removed to this 

Court by Defendant Wal-Mart Stores Texas, LLC in accordance with the provisions of 28 U.S.C. 

§ 1441(a) because: (i) this action is a civil action pending within the jurisdiction of the United 

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States District Court for the Northern District of Texas; (ii) this action is between citizens of 

different states; and (iii) to Defendant’s knowledge and belief the amount in controversy exceeds 

$75,000, exclusive of interest and costs.

18. Defendant has attached to this Notice of Removal the documents required by 28 

U.S.C. § 1446(a) as follows: 

A. Docket Sheet in the State Court Action;

B. Index of all documents filed in the State Court Action; 

C. Copies of all process, pleadings and orders filed in State Court; 

19. Defendant is also filing a completed Civil Cover Sheet, Supplemental Cover 

Sheet, and Certificate of Interested Persons with this Notice of Removal. 

20. Defendant retains the right to supplement the jurisdictional allegations by 

affidavit, declaration, or otherwise should Plaintiff challenges the allegations in a motion to 

remand or other filing.

21. In accordance with 28 U.S.C. § 1446(d), written notice of the filing of this Notice 

of Removal will be given to all parties and to the Clerk of the 14th Judicial District Court, Dallas

County, Texas, where this matter was pending under Cause No. DC-22-04453, in a matter styled 

Maxine Mosley v. Wal-Mart Stores Texas, LLC.

22. A jury trial has been demanded in the State Court Action by Defendant. 

23. Trial has not commenced in the 14th Judicial District Court, Dallas County, 

Texas.

VI.

CONCLUSION

24. Because diversity jurisdiction exists over Plaintiff’s claim as set forth in 

Plaintiff’s Original Petition, Defendant desires and is entitled to remove the lawsuit filed in the

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14th Judicial District Court, Dallas County, Texas to the United States District Court for the 

Northern District of Texas, Dallas Division.

WHEREFORE, PREMISES CONSIDERED, Defendant Wal-Mart Stores Texas, LLC

files this Notice of Removal pursuant to and in conformance with the statutory requirements, and 

removes this action from the 14th Judicial District Court, Dallas County, Texas. 

FURTHER, Defendant prays that Plaintiff take nothing by this suit against Defendant, 

that Defendant be discharged, and that the Court grant such other and further relief, both general 

and special, at law and in equity to which Defendant may be justly entitled.

Respectfully submitted,

COOPER & SCULLY, P.C.

By: /s/ Derek S. Davis 

DEREK S. DAVIS

Texas Bar No. 00793591 

Email: Derek.Davis@CooperScully.com

900 Jackson Street, Suite 100

Dallas, Texas 75202

Telephone: (214) 712-9500

Facsimile: (214) 712-9540 

ATTORNEYS FOR DEFENDANT

WAL-MART STORES TEXAS, LLC

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served on all 

counsel of record named below, via facsimile, certified mail/return receipt request, electronic 

mail, and/or e-service on this 29th day of July, 2022.

Jerry D. Lee III

Texas Bar No. 24069136

service@glenlarsonlaw.com

The Law Offices of Glen F. Larson, PLLC

5113 Southwest Parkway, Suite 190

Austin, Texas 78735

512-387-5346

ATTORNEY FOR PLAINTIFF

/s/ Derek S. Davis

DEREK S. DAVIS

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