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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

SANDRA LEDESMA, §

Plaintiff, §

§

v. § CIVIL ACTION NO. 4:22-cv-00824

§

QUICKTRIP CORPORATION d/b/a §

QUICKTRIP, § JURY DEMANDED

Defendant. §

DEFENDANT’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 QuikTrip 

Corporation, in the cause styled “Sandra Ledesma v. QuickTrip Corporation d/b/a QuickTrip,”

originally pending as Cause No. 236-335436-22 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, no proper Defendant is 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.

QuikTrip Corporation, at the time of the initial filing of this action and at the time of the 

removal of this action, was and is a corporation formed under the laws of Oklahoma with its 

principal place of business in Tulsa, Oklahoma. QuikTrip Corporation has never 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 October 13, 2020, while Plaintiff was an invitee at 

QuikTrip’s store located at 1101 Hemphill Street, Fort Worth, Texas 76104, she slipped and fell 

on a liquid substance on the floor. Plaintiff filed suit on August 12, 2022, in the 236th Judicial 

District Court of Tarrant County, Texas, alleging a negligence cause of action against Defendant.

IV.

THE AMOUNT-IN-CONTROVERSY

Plaintiff judicially admits in her First Amended Petition that she is seeking damages in 

excess of $75,000.00.

2

 Specifically, Plaintiff seeks monetary relief over $250,000, but not more 

than $1,000,000,3including past and future medical expenses, past and future physical pain and 

mental anguish, past and future physical impairment, past and future disfigurement, and past 

2

See Pl’s 1

st Amd. Pet. (Exh. 4).

3

Id. at p. 1, ¶ 1.

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lost wages.

4 As a result, the amount-in-controversy in this case exceeds $75,000.00, exclusive 

of interest and costs, and this case is removable.5

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.”

6

 Defendant

first became aware this case was removable on or about September 13, 2022, when Defendant

was served with Plaintiff’s First Amened Petition. 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 August 12, 2022.

7

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.

4

Id. at. pp. 6-7, ¶ 27 (including subparagraphs A through J).

5

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).

6

28 U.S.C. § 1446(b). 

7

See id.

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VII.

PROCEDURAL REQUIREMENTS

Defendant filed with the Clerk of the 236th Judicial District Court 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 September 16, 2022);

(2) Plaintiff's Original Petition (filed on August 12, 2022) with Service of Citation

(served on QuikTrip Corporation on August 19, 2022); 

(3) Defendant’s Original Answer and Verified Denial (filed on September 9, 2022); 

(4) Plaintiff’s First Amended Petition (filed and served on September 13, 2022); and

(5) Defendant’s Original Answer to Plaintiff’s First Amended Petition (filed on 

September 16, 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 QuikTrip Corporation 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,

PEAVLER | BRISCOE

/s/ B. Kyle Briscoe

B. Kyle Briscoe

Attorney-in-charge

State Bar No. 24069421

kbriscoe@peavlergroup.com

Nicolas M. Lund

State Bar No. 24084391

nlund@peavlergroup.com

PEAVLER|BRISCOE

2215 Westgate Plaza

Grapevine, Texas 76051

214-999-0550 (telephone)

214-999-0551 (fax)

ATTORNEYS FOR DEFENDANT

QUIKTRIP CORPORATION

CERTIFICATE OF SERVICE

The undersigned Counsel for Defendant hereby certifies 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 September 16, 2022.

/s/ B. Kyle Briscoe

B. Kyle Briscoe

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