NOTICE OF REMOVAL Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

MARIA BARRON

Plaintiff

V.

FIESTA MART, LLC

Defendant

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CIVIL ACTION NO. ______________

NOTICE OF REMOVAL

TO: THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF 

TEXAS 

PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. §§ 1441 and 1332, Defendant Fiesta 

Mart, LLC, by and through its undersigned attorneys, give notice of removal of the abovecaptioned action from the 95th Judicial District Court, Dallas County, Texas, to the United States 

District Court for the Northern District of Texas, Dallas Division. In support of this Notice of 

Removal (this “Notice”), Defendants further state that: 

I. INTRODUCTION 

1. On or about May 31, 2022, Plaintiff MARIA BARRON commenced the abovecaptioned action against Fiesta Mart, LLC through her filing of Plaintiff’s Original Petition (the 

“Petition”) in the 95th Judicial District Court, Dallas County, Texas, captioned as Maria Barron v. 

Fiesta Mart, LLC, Cause No. DC-22-05782. On or about June 15, 2022, Fiesta Mart, LLC, was 

served with Citation and a copy of the Petition. This lawsuit is a civil action within the meaning 

of the Acts of Congress, relating to the removal of civil actions. See 28 U.S.C. §§ 1441, 1446. This 

Notice is filed timely, pursuant to 28 U.S.C. § 1446(b), because it is filed within thirty (30) days 

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of June 15, 2022, the date on which Defendant was first served with a copy of the Petition. No 

previous notice of removal has been filed or made with this Court for the relief sought herein. 

II. BASIS FOR REMOVAL

4. Removal is proper under 28 U.S.C. § 1441. It is a civil action brought in state court 

and the District Courts of the United States have original jurisdiction over this action under 28 

U.S.C. § 1332, since the plaintiff and the defendant are diverse in citizenship. This action is 

removable to this Court pursuant to the provisions of 28 U.S.C. §1441(b) because Plaintiff is a 

citizen of the State of Texas. Although Defendant Fiesta Mart, LLC, is a limited liability company 

organized under the laws of Texas, its sole member is Bodega Latina Corp., a Delaware 

corporation with its principal place of business, or its “nerve center” in California. Defendant 

Fiesta Mart, LLC’s citizenship as an LLC is determined by the citizenship of its members.1 A 

corporation, such as Bodega Latina Corp., is deemed to be a “citizen” of the state where it 

maintains its principal place of business (its “nerve center”) and the state of its incorporation.2

Therefore, Defendant Fiesta Mart, LLC is a citizen of the states of Delaware and California, the 

principal place of business and the state of incorporation of Fiesta Mart, LLC’s sole member, 

Bodega Latina Corp. Accordingly, Plaintiff is diverse from Defendant Fiesta Mart LLC.

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

the Court’s minimum jurisdictional requirements and pleads damages pursuant to Tex. R. Civ. P. 

47(c)(3). Plaintiff seeks “monetary relief over $1,000,000.00.” See Plaintiff’s Original Petition, 

paragraph I.

3

 

1 See e.g., Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008).

2 See §1332(c)(1); see also, Hertz Corp. v. Friend, 559 U.S. 77. 130 S.Ct. 1181, 1185-86 (2010).

3

See Plaintiff’s Original Petition attached.

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6. The United States District Court for the Northern District of Texas, Dallas division, 

embraces Dallas County, the place where the state court action was filed, and is pending in the 95th

Judicial District Court of Dallas County, Texas. This statement is not meant as a waiver of any 

argument that venue is improper in the location in which the state court action was filed, but merely 

demonstrates the propriety of removing the action to this federal judicial district. 

7. All pleadings, process, orders, served upon Defendant in the state court action are 

attached to this Notice as Exhibit “A” as required by 28 U.S.C. § 1446(a). No other motions are 

pending before the state court. 

8. Defendant will promptly file a copy of this Notice with the clerk of the state court 

in which the action is pending. 

III. REQUEST FOR JURY TRIAL

9. Defendant hereby demands a trial by jury in accordance with the provisions of FED. 

R. CIV. P. 38. 

WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests that this 

action be immediately and entirely removed upon filing of this Notice of Removal to the United 

States District Court for the Northern District of Texas, Dallas Division, and for such other and 

further relief to which they may show themselves to be justly entitled in equity or law. 

Dated: July 1, 2022. 

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Respectfully submitted,

FEE, SMITH, & SHARP LLP

/s/ JEFF C. WRIGHT

JEFF C. WRIGHT

State Bar No. 24008306

ANTHONY R. LASCALEA

State Bar No. 24092666

Three Galleria Tower

13155 Noel Road, Suite 1000

Dallas, Texas 75240

(972) 934-9100 Telephone 

(972) 934-9200 Facsimile 

jwright@feesmith.com

alascalea@feesmith.com

ATTORNEYS FOR DEFENDANT

FIESTA MART, L.L.C.

CERTIFICATE OF SERVICE

This is to certify that on this the 1

st day of July, 2022, a true and correct copy of the 

foregoing Notice of Removal was filed electronically and served on counsel of record: 

Sikandar H. Mehr

Fielding Law, PLLC 

18601 LBJ Freeway, 

Town East Tower, Suite 315 

Mesquite, TX 75150

/s/ Jeff C. Wright

____________________________________________

JEFF C. WRIGHT 

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