DEFENDANTS’ FIRST AMENDED NOTICE OF REMOVAL PAGE | 1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

LASHANDRA D. HENRY, §

Plaintiff §

§

vs. § No. 4:23-CV-554-SDJ

§

BROOKFIELD PROPERTIES RETAIL, INC., §

BROOKFIELD PROPERTIES, LLC, §

GENERAL GROWTH PROPERTIES, §

INCORPORATED and §

MILLARD MALL SERVICES, INC., §

Defendants §

________________________________________________________________________

DEFENDANTS’ FIRST AMENDED NOTICE OF REMOVAL

________________________________________________________________________

TO THE HONORABLE UNITED STATES DISTRICT COURT:

Defendants, Brookfield Properties Retail, Inc. and Millard Mall Services, Inc., 

(hereafter referred to as “Defendants”) file this amended notice to remove the foregoing 

case to the United States District Court for the Eastern District of Texas, Sherman Division,

and respectfully show:

Brief Summary

These Defendants file this First Amended Notice of Removal to answer the Court’s 

jurisdictional questions raised in its recent Order [Doc. 6]. Specifically, both Brookfield 

Properties Retail, Inc. and Millard Mall Services, Inc., are corporations which were 

incorporated outside of Texas and both of which maintain their principal offices outside of 

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Texas. The Court noted the tax forfeiture issues of the other two named defendants in its 

Order [Doc. 6], and Defendants maintain that those entities are improper parties to this suit.

Background Facts

1. A civil action was commenced in the 162nd Judicial District Court of Dallas

County, Texas, in which Lashandra D. Henry is the Plaintiff and Brookfield Properties 

Retail, Inc. and Millard Mall Services, Inc. are defendants. The action is entitled 

Lashandra D. Henry v. Brookfield Properties Retail, Inc., et. al., and bore Cause Number 

DC-23-05999. Since the action was filed in Dallas County, Texas, removal to the United 

States District Court for the Northern District of Texas, Dallas Division, was proper, and 

the removal was effected on June 14, 2023.

2. The above action was commenced in state court on May 3, 2023 [see a copy 

of Plaintiff’s Original Petition, annexed as Exhibit “A”]. The action arises from an 

incident that allegedly occurred when Plaintiff slipped and fell at the Stonebriar Mall 

located in Frisco, Collin County, Texas. Plaintiff pleads for monetary relief over

$1,000,000. Accordingly, the amount in controversy in this suit is in excess, exclusive of 

interest and costs, of $75,000.00.

3. This action is one of which the District Courts of the United States have 

original jurisdiction under 28 U.S.C. §1332 and 28 U.S.C. §1441. There is complete 

diversity of citizenship between the Plaintiff and Defendants.

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4. On June 16, 2023, the United States District Court for the Northern District 

of Texas transferred this case to this district and this division since the underlying slip and 

fall occurred in Frisco, Collin County, Texas.

Diversity Jurisdiction

4. Pursuant to Plaintiff’s Original Petition, she resides in Texas.

5. Defendant, Brookfield Properties Retail, Inc., is a corporation that was 

incorporated in Delaware and maintains its principal place of business in the State of 

Illinois. Thus, Brookfield Properties Retail, Inc. is a citizen of both Delaware and Illinois. 

6. Defendant, Millard Mall Services, Inc., is a corporation that was 

incorporated in Illinois and maintains its principal place of business in the State of Illinois. 

Thus, Millard Mall Services, Inc. is a citizen of Illinois.

7. Defendant, Brookfield Properties, LLC is a forfeited corporate entity that 

is no longer in existence, whose right to be sued was extinguished well before the filing of 

this lawsuit, and therefore is not a proper party to this suit.

8. Defendant, General Growth Properties Incorporated is a forfeited

corporate entity that is no longer in existence, whose right to be sued was extinguished well 

before the filing of this lawsuit, and therefore is not a proper party to this suit.

9. As Plaintiff was a resident and domiciliary of the State of Texas at the time 

the original petition was filed, and Defendants were citizens of various states all different 

from Texas, complete diversity exists and removal is proper since upon information and 

belief, no other forum defendant has been served.

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10. A defendant may remove a civil case brought in state court to the federal 

district court in which the case could have been brought. See 28 U.S.C.§1441(a).

11. Written filing of this motion will be given to Plaintiff promptly after the filing

of this motion, as is required by law.

12. This original motion was timely made (on June 14, 2023) pursuant to 28

U.S.C. §1446(b)(1), since Defendant Brookfield Properties Retail, Inc. was served with 

Citation on May 17, 2023.

13. By filing this Notice of Removal, Defendants do not waive any defense

which may be available.

Respectfully submitted,

WILSON, ELSER, MOSKOWITZ,

EDELMAN & DICKER LLP

By: /s/ Garett A. Willig

Garett A. Willig 

State Bar No. 24066297

garett.willig@wilsonelser.com

909 Fannin Street, Suite 3300

Houston, Texas 77010

(713) 353-2000 voice

(713) 785-7780 fax

ATTORNEY FOR DEFENDANTS

Of Counsel:

Eric Gruetzner

State Bar No. 24036690

eric.gruetzner@wilsonelser.com

909 Fannin Street, Suite 3300

Houston, Texas 77010

(713) 353-2000 voice

(713) 785-7780 fax

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CERTIFICATE OF SERVICE

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

forwarded to all counsel of record in accordance with the Federal Rules of Civil Procedure 

on July 17, 2023.

/s/ Garett A. Willig

 Garett A. Willig

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