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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

SANDFORD SEAY, §

Plaintiff, §

§

V. § CAUSE NO. 22-2452

§ 

TRAVELOKO, INC. d/b/a TRAVELOKO §

and ARNOLD R. LAMOTTE, JR., §

Defendants. §

DEFENDANT TRAVELOKO, INC. d/b/a TRAVELOKO’S NOTICE OF REMOVAL

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Traveloko, Inc. d/b/a Traveloko, Defendant herein, and files this Notice 

of Removal, removing this case to federal court under 28 U.S.C. §§ 1332, 1441 and 1446, and 

in support there of, would show as follows:

A. Introduction

1. This lawsuit arises out of an alleged motor vehicle accident. The accident is 

alleged to have occurred in Dallas County, Texas. 

2. Plaintiff is a citizen of the State of Texas.

3. Plaintiff has named trucking company, Traveloko, Inc. d/b/a Traveloko as 

Defendant, which is not a Texas citizen. Traveloko, Inc. is a California Corporation with its 

principal place of business in Calhoun, Georgia. Plaintiff’s pleadings allege that Arnold R. 

Lamotte, Jr. is a citizen of the state of Texas. To Traveloko, Inc.’s knowledge, Arnold Lamotte, 

Jr. has not been properly joined and served with this lawsuit and is not properly before the 

Court at the time of the filing of this Notice of Removal.

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4. Plaintiff’s pleadings state that he seeks relief of $250,000.00 or less in this case. 

(Plaintiff’s Original Petition, p. 1, §I.)

5. Thus, there is diversity of citizenship among of the parties that have been 

properly joined and served and Defendant Traveloko, Inc. d/b/a Traveloko removes this case to 

federal court under 28 U.S.C. §§ 1332, 1441 and 1446.

B. Basis for Removal

6. Removal is proper under 28 U.S.C. §§ 1332, 1441 and 1446 because there is 

complete diversity of citizenship and the amount in controversy exceeds $75,000 and this 

removal is filed within 30 days after the service on Defendant. 

7. There is complete diversity of citizenship as follows:

(a) Plaintiff is a Texas citizen. See Freeman v. Northwest Acceptance Corp., 

754 F.2d 553, 555-56 (5th Cir. 1985).

(b) Defendant Traveloko, Inc. d/b/a Traveloko is corporation organized and 

exiting under the laws of the State of California, with its principal place of business in 

Calhoun, Georgia. Thus, it is a citizen of Georgia and diverse from Plaintiff. See 28 

U.S.C. § 1332(a).

(c) To Traveloko, Inc.’s knowledge, Arnold Lamotte, Jr. has not been 

properly joined and served with this lawsuit and is not properly before the Court at the 

time of the filing of this Notice of Removal.

8. Plaintiff’s pleadings state that he seeks relief in an amount of $250,000 or less. 

(Plaintiff’s Original Petition, p.1, §I.) See S.W.S. Erectors Inc. v. Infax Inc., 72 F.3d 489, 492 

(5th Cir. 1996) (removing defendant can rely on plaintiff’s statement of amount in 

controversy); see also 28 U.S.C. § 1446(c).

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9. Defendant Traveloko, Inc. d/b/a Traveloko’s notice of removal is timely, as it is 

filed within 30 days of it being served with a pleading stating a removable case. Alim v. KBR, 

Inc., No. 13-11094, 2014 U.S. App. LEXIS 10508, at *4 (5th Cir. 2014) (unpub.) (30-day 

deadline for removal runs from the defendant’s receipt of a pleading setting forth a removable 

claim).

10. Copies of all pleadings, process, orders, and other filings in the state-court suit 

will be submitted once received to support this notice as required by 28 U.S.C. §1446(a).

11. Venue is proper in this district under 28 U.S.C. §1441(a) because the state court 

where the suit has been pending, Dallas County Court at Law No. 3, is located in this district.

12. Defendant will promptly file a copy of this notice of removal with the clerk of 

the state court where the suit has been pending. 

C. Jury Demand

13. Plaintiff has not demanded a jury trial.

D. Conclusion

14. There is complete diversity of citizenship and the amount in controversy 

exceeds $75,000. Thus, there is diversity jurisdiction over this matter and removal is proper as 

set forth herein. 

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NAMAN, HOWELL, SMITH & LEE, PLLC

400 Austin Avenue, 8th Floor

Waco, Texas 76701

254.755.4100 / Facsimile 254.754.6331

BY: /s/ Jordan A. Mayfield

JORDAN A. MAYFIELD

State Bar No. 24037051

mayfield@namanhowell.com

JACQUELINE P. ALTMAN

State Bar No. 24087010 

jaltman@namanhowell.com

ATTORNEYS FOR DEFENDANT

TRAVELOKO, INC. D/B/A TRAVELOKO

CERTIFICATE OF SERVICE

I certify that on this the 2

nd day of November, 2022, a true and correct copy of the 

foregoing has been served upon all counsel of record in this action, in accordance with the 

Federal Rules of Civil Procedure by ECF Filing.

/s/Jordan A. Mayfield

Jordan A. Mayfield

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