IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

PORTIA TAYLOR, Individually § 

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§ 

§ 

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Plaintiff 

v. 

DOLGENCORP OF TEXAS, INC. 

and DG RET AIL LLC 

Defendants 

CIVIL ACTION NO. ___ _ 

DEFENDANTS' NOTICE OF REMOVAL 

TO THE HONORABLE UNITED STATES DISTRICT COURT: 

Dolgencorp of Texas, Inc. ("Dolgencorp") and DG Retail, LLC ("DG Retail"), the 

Defendants herein, respectfully submit the following notice of removal. 

I. 

1. Dolgencorp and DG Retail are Defendants in litigation now pending in the 48th District 

Comi ofTarrant County, Texas, Cause No. 048-329758-21, styled "Portia Taylor, Individually v. 

Dolgencorp ofTexas, Inc. and DG Retail LLC" 

II. 

2. The suit filed against Defendants is a civil action seeking damages for alleged intentional 

infliction of emotional distress allegedly resulting from an incident that occurred on October 12, 

2019, when the Plaintiffs purse was searched as she was leaving the store. 

III. 

3. Both at the time of the filing of Plaintiffs Petition and at the time of the filing of this 

Notice of Removal, Plaintiff was, is, and continuously has been an individual citizen of the State 

of Texas with her place of residence in the State of Texas. 

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4. Both at the time of filing Plaintiffs Petition and at the time of the filing of this Notice of 

Removal, Defendant Dolgencorp was, is, and continuously has been a corporation organized and 

existing under the laws of the State of Kentucky and having its principal place of business in the 

State ofTennessee. 

5. Both at the time of filing Plaintiffs Petition and at the time of the filing of this Notice of 

Removal, Defendant DG Retail was, is, and continuously has been a limited liability corporation 

organized and existing under the laws of the State of Tennessee and having its principal place of 

business in the State of Tennessee. DG Retail is a wholly owned subsidiary of Dolgencorp, 

although it does not own, operate or have anything to do with the operation of the subject Dollar 

General store in Arlington, Texas. The subject Dollar General store is owned and operated 

exclusively by Dolgencorp of Texas, Inc. 1 

6. There is, therefore, complete diversity between Plaintiff and Defendants. 

IV. 

7. The amount in controversy in this matter, exclusive of interest and costs, exceeds the sum 

or value of $75,000, as evidenced by the allegation in paragraph 2 on page 1 of Plaintiffs 

Amended Petition, where Plaintiff expressly alleges that she seeks recovery against Defendants 

for "monetary relief over $250,000 but not more than $1 million" for the alleged intentional 

infliction of emotional distress that allegedly resulted from an incident that is alleged to have 

occurred on Defendant Dolgencorp's premises on October 12, 2019. 

8. In addition, Plaintiff alleges on pages 4-5 of her Amended Petition, numbered paragraph 

20, that as a result of the aforesaid incident, she "sustained the following economic and actual 

damages: 

DG Retail owns and operates Dollar General stores in a number of states other than Texas, including 

Arizona, Colorado and rllinois. DG Retail does not, however, own or operate or participate in the operation of any 

Dollar General store in Texas. 

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(a) Out-of-pocket expenses. 

(b) Mental anguish. 

(c) Actual value. 

(d) Prejudgment interest. 

(e) Postjudgment interest. 

(g) Attorney's fees." 

9. In addition, Plaintiff alleges on page 5 of her Amended Petition, paragraph 21, a claim for 

exemplary damages, together with a claim for attorney's fees as set forth in paragraph 22. 

10. Consequently, Defendants submit that it is apparent from the face of Plaintiffs Amended 

Petition that the amount in controversy in this case is in excess of $75,000. 

v. 

11. This Court has jurisdiction and this action is properly removable based upon diversity of 

citizenship under 28 U.S.C. §1332, et seq. Pursuant to 28 U.S.C. § 1664, Defendants have 

removed this action to this Court within the time specified by law. 

VI. 

12. Pursuant to Local Rule 81.1, attached hereto are (1) an index of all attached documents, 

(2) a copy of the Docket Sheet in the State Court action, and (3) all pleadings (excluding 

discovery material) filed in the State Court action, Cause No. 048-329758-21, in the 48th District 

Court of Tarrant County, Texas. 

PRAYER FOR RELIEF 

Wherefore, premises considered, Defendants Dolgencorp and DG Retail pray that the 

action now pending in the 48th District Court of Tarrant County, Texas be removed to this, the 

United States District Court for the Northern District of Texas, Fort Worth Division. 

DEFENDANTS' NOTICE OF REMOVAL- Page 3 

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Respectfully submitted, 

Michael A. Hummert 

Lead Attorney 

State Bar No. 10272000 

Ignacio Barbero 

State Bar No. 00796162 

EKV ALL & BYRNE, LLP 

4450 Sigma Road, Suite 100 

Dallas, Texas 75244 

TELEPHONE (972) 239-0839 

FACSIMILE (972) 960-9517 

mhummert@ekvallbyrne.com 

ibarbero@ekvallbyrne. com 

ATTORNEYS FOR DEFENDANTS 

CERTIFICATE OF SERVICE 

On March , 2022, I electronically submitted the foregoing document with the 

clerk of court of the U.S. District Court, Northern District of Texas, using the electronic case 

files system of the court. I hereby certify that I have served all counsel and/or pro se parties of 

record electronically or by another manner authorized by Federal Rule of Civil Procedure 

5(b)(2). 

MICHAELA. HUMMERT 

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