DEFENDANTS’ NOTICE OF REMOVAL PAGE 1 OF 5

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHREN DISTRICT OF TEXAS 

DALLAS DIVISION

TAHA MUSHTAQ, 

Plaintiff, 

v.

JAY MALONEY AND 

STRASBURGER TRUCKING INC.,

Defendants.

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CIVIL ACTION NO. 3:22-cv-2069

DEFENDANTS’ NOTICE OF REMOVAL

Defendants Jay Maloney (“Maloney”) and Strasburger Trucking Inc. 

(“Strasburger”) (herein Maloney and Strasburger are “Defendants”) by and through 

their undersigned counsel, Rick V. Anderson and Brittany Lok of Roberts Markel 

Weinberg Butler Hailey PC, hereby and pursuant to 28 U.S.C. §§ 1441 and 1446, 

respectfully petition the Court for removal of the within action from the 116th District 

Court, County of Dallas, State of Texas, No. DC-22-07137, to the United States 

District Court for the Northern District of Texas. As grounds for removal of this 

matter, Defendants state as follows:

I. BASIS FOR REMOVAL

1. This matter is removable under 28 U.S.C. § 1441 because this Court has

diversity jurisdiction pursuant to U.S.C. § 1332(a)(1). 

2. On or about February 09, 2022, Plaintiff Taha Mushtaq (herein “Plaintiff”)

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filed a Complaint against Defendants in the 116th District Court of Dallas County, 

Texas, No. DC-22-07137 (the “Complaint”), a copy of which is attached as Exhibit A. 

The Complaint alleges negligence against the Defendants. 

3. Without admitting any of the facts therein, the Complaint generally alleges 

that Maloney, while acting in the course and scope of his employment with 

Strasburger, negligently collided into Plaintiff’s vehicle on November 3, 2020, thereby 

causing Plaintiff injuries. The Complaint alleges that Plaintiff’s injuries were caused 

directly and proximately by the Defendants’ negligence. See generally Exhibit A. 

Complete Diversity: 

4. As alleged in the Complaint, Plaintiff is an individual who resides at 2541 

Buttermilk Way, Carrollton, Denton, County, Texas 75010. See Exhibit A ¶ 2. As 

such, Plaintiff is a citizen of Texas.

5. As alleged in the Complaint, Defendant Maloney is an individual who resides 

at 109 Jackson Street, Catlin, Vermilion County, Illinois 61817. As such, Maloney is 

a citizen of Illinois. 

6. As alleged in the complaint, Defendant Strasburger is a foreign corporation 

with its principal place of business in Illinois. Exhibit A at ¶ 4. Specifically, 

Strasburger’s principal place of business is located at 103 East Railroad Street, Earl 

Park, Indiana 47942. See Exhibit A at ¶ 4. Strasburger is therefore a citizen of 

Indiana. See 28 U.S.C. § 1332(c)(1) (“a corporation shall be deemed to be a citizen of 

any State by which it has been incorporated and of the State where it has its principal 

place of business.”).

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7. Based on the above, Plaintiff is a citizen of Texas, Maloney is a citizen of 

Illinois, and Strasburger is a citizen of Indiana. Thus, there is complete diversity 

between Plaintiff and Defendants. 

8. Because Defendants are not citizens of Texas, they are entitled to remove this 

action to this Court. See 28 U.S.C. § 1441(b)(2).

The Amount in Controversy is Over $75,000.00: 

9. The amount in controversy in this action exceeds, exclusive of interest and 

costs, the sum of $75,000.00. Plaintiff seeks monetary relief in the Complaint “over 

$250,000 but not more than $1,000,000.” See Exhibit A at Section VIII(d). Should 

Plaintiff prevail on the claims against Defendant stated in the Plaintiff’s Original 

Petition, attached to this notice, Plaintiff would be entitled to damages in excess of 

$75,000.

II. NOTICE

10. Defendants will promptly file a copy of this Notice of Removal with the state 

court where the action has been pending and will promptly give notice of the filing 

and serve this Notice of Removal to all parties pursuant to 28 U.S.C. § 1446(d).

III. CONCLUSION & PRAYER

11. All pleadings, process, orders and other filings in the state court action are 

attached to this notice as required by 28 U.S.C. §1446(a), as Exhibits A, B, and C. 

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

and division embrace the place where the removed action is pending.

WHEREFORE, Defendants Jay Maloney and Strasburger Trucking Inc. 

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respectfully request that the above-entitled action, now pending against it in the 

116th District Court of Dallas County, Texas, be removed therefrom to this Court. 

Respectfully submitted,

ROBERTS MARKEL WEINBERG BUTLER HAILEY 

PC

_________________________________________ 

Rick Anderson

TBA No. 24059047

Brittany Lok

TBA No. 24105265

Telephone: (713) 840-1666

2800 Post Oak Blvd., 57th Floor

Houston, Texas 77056 

randerson@rmwbh.com

blok@rwmbh.com

Telephone: (713) 840-1666

ATTORNEYS FOR DEFENDANTS 

JAY MALONEY AND STRASBURGER 

TRUCKING INC. 

CERTIFICATE OF SERVICE

I hereby certify that pursuant to Tex. R. Civ. P. 21a, a true and correct copy of 

the foregoing instrument was served upon the parties listed below by fax, delivery 

service, messenger, mail, and/or through the serving party’s electronic filing service 

provider, this day of September 16, 2022. 

Via E-Service 

James Bauguss III

State Bar No. 24045463

Ben Abbot & Associates, PLLC

1934 Pendleton Drive

Garland, TX, 75041

Phone: (972) 263-5555

Phone: (817) 263-5555

Fax: (917) 682-7586

eservice@benabbott.com

ATTORNEY FOR PLAINTIFF

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_________________________________________

Rick Anderson

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