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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

LASHANDRA D. HENRY, §

Plaintiff §

§

vs. § Civil Action No. ___________

§

BROOKFIELD PROPERTIES RETAIL, INC., §

BROOKFIELD PROPERTIES, LLC, §

GENERAL GROWTH PROPERTIES, §

INCORPORATED and §

MILLARD MALL SERVICES, INC., §

Defendants § Jury Trial Demanded

________________________________________________________________________

DEFENDANTS’ 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 notice to remove the foregoing case to the 

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

respectfully show:

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 bears 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, is proper.

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2. The above action was commenced 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, 

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 diversity of 

citizenship between Plaintiff and Defendant.

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

5. Defendant, Brookfield Properties Retail, Inc., is a Delaware company with 

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 an Illinois company with 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.

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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.

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 motion is timely made 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.

14. Defendants respectfully give notice that the state action currently pending in 

the 162nd Judicial District Court of Dallas County, Texas bearing Cause Number DC-23-

05999 has been removed and placed on this Honorable Court’s docket for further 

proceedings. Defendants pray for any additional relief to which they may be justly entitled.

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

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(713) 353-2000 voice

(713) 785-7780 fax

ATTORNEY FOR DEFENDANTS

Of Counsel:

Eric Gruetzner

State Bar No. 24036690

eric.gruetzner@wilsonelser.com

Zainab Tarique

State Bar No. 24113095

zainab.tarique@wilsonelser.com

909 Fannin Street, Suite 3300

Houston, Texas 77010

(713) 353-2000 voice

(713) 785-7780 fax

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 June 14, 2023.

/s/ Garett A. Willig

 Garett A. Willig

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