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Notice of removal to federal court of lawsuit filed by Mark Sandoval on behalf of his client, Christopher Braughton, who is accused of murdering a Marine, against the Marine's fiancee.
Notice of removal to federal court of lawsuit filed by Mark Sandoval on behalf of his client, Christopher Braughton, who is accused of murdering a Marine, against the Marine's fiancee.
Notice of removal to federal court of lawsuit filed by Mark Sandoval on behalf of his client, Christopher Braughton, who is accused of murdering a Marine, against the Marine's fiancee.
DEFENDANTS NOTICE OF REMOVAL 1. Plaintiff is Christopher Ernest Braughton, 1 a citizen of the State of Texas. His address is 23734 Greenlanding Oak Ct., Spring, Texas 77373. 2. Defendant is SSgt. Jessica Cavender, USMC, a citizen of the State of Colorado. The USMC recognizes her permanent legal address as 423 South Elm Street, Yuma, Colorado 80759. SSgt. Cavender is currently assigned to duty in Houston, Texas, and during this assignment she temporarily resides in Houston, Texas. Her DOD ID number is 1263716791. 3. On April 27, 2014, plaintiff sued defendant in Cause No. 2014-23454 in the 269 th Judicial District Court, Harris County, Texas. 4. Plaintiffs state court suit failed to state a cause of action upon which relief can be granted. Without providing factual explanation or even a date of occurrence, plaintiff merely alleged that he was damaged as a result of the actions of defendant and defendant was negligent. 2 From what defendant can determine from plaintiffs original complaint (petition), in the most general of terms, this is a suit based on alleged negligence.
1 Plaintiffs name is misspelled in plaintiffs original petition. The correct spelling of plaintiffs full name is Christopher Ernest Braughton. 2 See paragraphs 12 and 13 of plaintiff original petition filed in state court. Case 4:14-cv-01345 Document 1 Filed in TXSD on 05/15/14 Page 1 of 3 5/15/2014 2:50:50 PM Chris Daniel - District Clerk Harris County Envelope No: 1276913 By: ROBICHEAUX, PAMELA G U n o f f i c i a l
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5. Defendant was served with plaintiffs original petition on May 9, 2014. Defendant files this notice of removal within the 30-day time period required by 28 U.S.C. 1446(b)(1). SSgt. Cavender is the only defendant in this suit. 6. Removal is proper because there is complete diversity between the parties. Defendant is a citizen of the State of Colorado. Plaintiff is a citizen of the State of Texas. Additionally, the amount in controversy exceeds $75,000. According to plaintiffs original petition, he has sued SSgt. Cavender for monetary relief over $200,000, but not more than $1,000,000. 7. Copies of all pleadings (plaintiffs original petition - Exhibit A), process (citation and return of service Exhibit B), orders (none), and other filings (defendants motion to transfer venue Exhibit C) in the state court suit are attached to this notice as required by 28 U.S.C. 1446(a). 8. Venue is proper in this district under 28 U.S.C. 1441(a) because the state court where the suit has been pending is located in this district. 9. Defendant will promptly file a copy of this notice of removal with the clerk of the state court where the suit has been pending. JURY DEMAND 10. While plaintiff demanded a jury in the state court suit, he has not paid the requisite state court jury fee. 11. Defendant demands trial by jury. CONCLUSION 12. This suit is removable because complete diversity of citizenship exists between plaintiff and defendant, and because the amount in controversy exceeds $75,000.
CERTIFICATE OF SERVICE AND ATTORNEYS SIGNATURE
On May 15, 2014, an exact copy of this document was forwarded to plaintiffs counsel 3 by regular U.S. mail, return receipt requested.
3 Attorney for plaintiff: Mark Sandoval (Tx. Bar # 17624500), mtsattytx@aol.com, M. T. Sandoval & Associates, P. O. Box 1187, Houston, Texas 77251; telephone 713-654-1050. Case 4:14-cv-01345 Document 1 Filed in TXSD on 05/15/14 Page 2 of 3 U n o f f i c i a l
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ATTORNEYS FOR DEFENDANT By: THE WOMBLE LAW FIRM WILL WOMBLE (Tx. Bar # 24058184)* 1814 Memorial Drive will@womco.com Houston, Texas 77007 W. T. WOMBLE (Tx. Bar # 21881000) 713-650-6000; 713-650-1932 (fax) wt@womco.com Case 4:14-cv-01345 Document 1 Filed in TXSD on 05/15/14 Page 3 of 3 U n o f f i c i a l
Opinion of the Supreme Court of the United States, at January Term, 1832, Delivered by Mr. Chief Justice Marshall in the Case of Samuel A. Worcester, Plaintiff in Error, versus the State of Georgia
With a Statement of the Case, Extracted from the Records of the Supreme Court of the United States
Alan M. MacEwan and Mary G. MacEwan v. Dean Rusk, Secretary of State, Department of State, Washington, D.C. And Nicholas Deb. Katzenbach, Acting Attorney General, Washington, D.C, 344 F.2d 963, 3rd Cir. (1965)
Daniel A. Jewell v. County of Nassau, City of Glen Cove, Edward W. McCarthy Iii, Individually and as Former Assistant District Attorney of Nassau County, "John Doe", the Person Who Now Holds McCarthy Former Position, in His Official Capacity, Samuel Rozzi, Individually and as Commissioner of Nassau County Police, Maurice O'brien, Individually and as Former Chief of Glen Cove Police, in His Official Capacity, Vincent Donnelly, Individually and as Nassau County Detective, J. Nolan, Individually and as Nassau County Detective, Joan Hanna, Individually and as Nassau County Detective, J. Granelle, Individually and as Nassau County Detective, Charles Fraas, Individually and as Nassau County Detective, J. Buckley, Individually and as Nassau County Detective, K. Klemm, Individually and as Nassau County Detective, E. Harsch, Individually and as Nassau County Detective, Ketchum, Individually and as Nassau County Police Inspector, W. Sayers, Individually and as Nassau County Police Officer, Lawre