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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

CRISELDA RAMIREZ, §

Plaintiff, §

§

vs. § CIVIL ACTION NO. 4:22-cv-00961

§

KROGER TEXAS, L.P., §

 Defendants. § JURY DEMANDED

KROGER TEXAS, L.P.’S NOTICE OF REMOVAL

TO THE HONORABLE UNITED STATES DISTRICT JUDGE:

Pursuant to the terms and provisions of 28 U.S.C. §§ 1441 and 1446, Defendant Kroger 

Texas L.P. in the cause styled “Criselda Ramirez v. Kroger Texas L.P.,” originally pending as Cause 

No. 236-336976-22 in the 236th Judicial District Court of Tarrant County, Texas, files this Notice 

of Removal of the cause to the United States District Court for the Northern District of Texas, Fort 

Worth Division.

I.

BASIS FOR REMOVAL

The basis of the removal of this action is diversity jurisdiction under 28 U.S.C. § 1332. In 

particular, diversity jurisdiction exists in this case because there is complete diversity of 

citizenship between the proper parties, as discussed further herein; the only proper Defendant 

is not a citizen of the State of Texas; and the amount-in-controversy exceeds $75,000.00, 

exclusive of interest and costs.1 

1

See 28 U.S.C. § 1332 (2018).

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II.

DIVERSITY JURISDICTION

Plaintiff, at the time of the incident giving rise to this lawsuit, at the time of the initial 

filing of this action, and at the current time of the removal of this action, was and is a citizen, 

resident, and domiciliary of the State of Texas.2

Kroger Texas L.P. at the time of the initial filing of this action and at the time of the 

removal of this action, was and is a limited partnership formed under the laws of Ohio. The 

general partner of Kroger Texas L.P. is KRGP Inc., an Ohio corporation with its principal place of 

business in Ohio. The only limited partner is KRLP Inc., an Ohio corporation with its principal place 

of business in Ohio. Neither KRGP Inc. nor KRLP Inc., the only two partners of Kroger Texas L.P., 

has ever been a resident of, incorporated in, or had its principal place of business in the State of 

Texas. 

III.

FACTUAL BACKGROUND

Plaintiff claims that, on or about February 17, 2021, she slipped and fell in water leaking 

from crates in Kroger’s store.

3 Plaintiff filed suit on September 22, 2022, in the 236th Judicial 

District Court of Tarrant County, Texas, alleging premises liability and negligence-based causes of 

action against Defendant.

4

2

See Plaintiff’s Original Petition, attached hereto as Exhibit 2, at P. 1, ¶ II.

3

Id. at p. 2, ¶ IV.

4

Id. at p. 2-3.

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IV.

THE AMOUNT-IN-CONTROVERSY

Plaintiff judicially admits in her Original Petition that she is seeking damages in excess of 

$75,000.00.

5 Plaintiff alleged damages in an amount more than $250,000 but not more than 

$1,000,000.6 Specifically, Plaintiff seeks damages and medical expenses.7 As a result, the amountin-controversy in this case exceeds $75,000.00, exclusive of interest and costs, and this case is 

removable.8

V.

REMOVAL IS TIMELY

This removal is timely because it is filed “within thirty days after receipt, through service 

or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may 

first be ascertained the case is one which is or has just become removable.”

9

 Defendant first 

became aware this case was removable on or about October 5, 2022, when Defendant was

served with Plaintiff’s Original Petition.

10 Accordingly, this removal is timely because it is made 

within thirty days after the receipt by Defendant of the document that first demonstrated the 

case was removable. Moreover, more than one year has not passed since the commencement 

of the action in state court on September 22, 2022.

11

5

Id. at p. 2, ¶ III.

6

Id.

7

Id. at p. 2, ¶ IV.

8

See S.W.S. Erectors, Inc. v. Infax, Inc., 72 F.3d 489, 492 (5th Cir. 1996); see also Laughlin v. Kmart Corp., 50 

S.W.3d 871, 873 (10th Cir. 1995) (amount in controversy is ordinarily determined by allegations in complaint).

9

28 U.S.C. § 1446(b). 

10 See Service of Citation attached to Pl’s. Orig. Pet. (Exh.2).

11 See id.

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VI.

VENUE

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

embrace the county in which the removed action has been pending.

VII.

PROCEDURAL REQUIREMENTS

Defendant filed with the Clerk of the 236th Judicial District Court of Tarrant County, Texas 

a Notice of Filing Notice of Removal to Federal Court contemporaneously with the filing of this 

Notice of Removal.

Pursuant to Local Rule 81.1, the following documents are attached hereto for the Court’s 

reference: 

(1) State court docket sheet (as of October 25, 2022);

(2) Plaintiff’s Original Petition (filed on September 22, 2022) with Citation (served on 

Kroger on October 5, 2022); and 

(3) Defendant Kroger Texas, L.P.’s Original Answer and Special Exception (filed on

October 24, 2022).

Also, in compliance with Local Rule 81.1, Defendant has filed the following documents 

with the Notice:

• Civil Cover Sheet;

• Supplemental Civil Cover Sheet; and

• Certificate of Interested Persons.

WHEREFORE, PREMISES CONSIDERED, Defendant Kroger Texas L.P. respectfully prays

that this case be removed to the United States District Court for the Northern District of Texas, 

Fort Worth Division.

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Respectfully submitted,

/s/ B. Kyle Briscoe

B. Kyle Briscoe

Attorney-in-charge

State Bar No. 24069421

kbriscoe@peavlerbriscoe.com

Margaret M. Knott

State Bar No. 15287250

mknott@peavlerbriscoe.com

PEAVLER|BRISCOE

2215 Westgate Plaza

Grapevine, Texas 76051

214-999-0550 (telephone)

214-999-0551 (fax)

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been 

forwarded to all counsel of record, pursuant to and in accordance with the Federal Rules of Civil 

Procedure on October 25, 2022.

/s/ B. Kyle Briscoe

B. Kyle Briscoe

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