Case 9:20-cv-00143-RC-ZJH Document 1 Filed 06/26/20 Page 1 of 4 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`LUFKIN DIVISION
`
`MICHAEL BROWN, RHONDA BROWN
`AND CHARLES BROWN,
`
`Plaintiffs,
`
`v.
`
`CROP PRODUCTION SERVICES, INC.
`AND NUTRIEN AG SOLUTIONS, INC.,
`
`Defendants.
`
`Civil Action No. 9:20-cv-143
`
`DEFENDANTS’ NOTICE OF REMOVAL
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`This Notice of Removal is filed on behalf of Defendants Nutrien Ag Solutions, Inc. (f/k/a
`
`Crop Production Services, Inc.) and Crop Production Services, Inc. (collectively, “Nutrien”),1
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`pursuant to 28 U.S.C. §§ 1332, 1441(a), 1446, and 1447. As grounds for removal, Nutrien states
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`as follows:
`
`1.
`
`Plaintiffs Michael Brown, Rhonda Brown, and Charles Brown (collectively,
`
`“Plaintiffs”) filed a Petition (the “Petition”) in the Third Judicial District Court in Houston
`
`County, Texas, Case Number 20-0081, on June 2, 2020. A copy of the state court record is
`
`attached as Exhibit A.
`
`2.
`
`Plaintiffs served the summons and Complaint on Nutrien on or about June 4,
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`2020. This Notice of Removal is timely filed pursuant to 28 U.S.C. §§ 1441 and 1446.
`
`3.
`
`Removal to this Court is proper under 28 U.S.C. § 1441(a) and 1332(a) because
`
`1 As set forth in the corporate disclosure statement filed contemporaneously herewith pursuant to
`Fed. R. Civ. P. 7.1(a), Crop Production Services, Inc. changed its name to Nutrien Ag Solutions,
`Inc. on or about July 1, 2018. They are one in the same entity.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`LUFKIN DIVISION
`
`MICHAEL BROWN, RHONDA BROWN
`AND CHARLES BROWN,
`
`Plaintiffs,
`
`v.
`
`CROP PRODUCTION SERVICES, INC.
`AND NUTRIEN AG SOLUTIONS, INC.,
`
`Defendants.
`
`Civil Action No. 9:20-cv-143
`
`DEFENDANTS’ NOTICE OF REMOVAL
`
`This Notice of Removal is filed on behalf of Defendants Nutrien Ag Solutions, Inc. (f/k/a
`
`Crop Production Services, Inc.) and Crop Production Services, Inc. (collectively, “Nutrien”),1
`
`pursuant to 28 U.S.C. §§ 1332, 1441(a), 1446, and 1447. As grounds for removal, Nutrien states
`
`as follows:
`
`1.
`
`Plaintiffs Michael Brown, Rhonda Brown, and Charles Brown (collectively,
`
`“Plaintiffs”) filed a Petition (the “Petition”) in the Third Judicial District Court in Houston
`
`County, Texas, Case Number 20-0081, on June 2, 2020. A copy of the state court record is
`
`attached as Exhibit A.
`
`2.
`
`Plaintiffs served the summons and Complaint on Nutrien on or about June 4,
`
`2020. This Notice of Removal is timely filed pursuant to 28 U.S.C. §§ 1441 and 1446.
`
`3.
`
`Removal to this Court is proper under 28 U.S.C. § 1441(a) and 1332(a) because
`
`1 As set forth in the corporate disclosure statement filed contemporaneously herewith pursuant to
`Fed. R. Civ. P. 7.1(a), Crop Production Services, Inc. changed its name to Nutrien Ag Solutions,
`Inc. on or about July 1, 2018. They are one in the same entity.
`
`
`
`Case 9:20-cv-00143-RC-ZJH Document 1 Filed 06/26/20 Page 2 of 4 PageID #: 2
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`this Court has original jurisdiction, Nutrien meets the requirements to remove this action, and the
`
`Lufkin Division of this Court embraces the county in which the state court action is now
`
`pending.
`
`4.
`
`This Court has original jurisdiction pursuant to 28 U.S.C. § 1332(a). There is
`
`diversity of citizenship between Plaintiffs and Nutrien, and the amount in controversy exceeds
`
`$75,000, exclusive of interest and costs.
`
`5.
`
`For purposes of removal, “a corporation shall be deemed to be a citizen of every
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`State and foreign state by which it has been incorporated and of the State or foreign state where it
`
`has its principal place of business . . . .” See 28 U.S.C. § 1332(c)(1).
`
`6.
`
`Plaintiffs are citizens of the State of Texas. See Complaint at Exhibit A(2), ¶¶
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`3A, 3B, and 3C.
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`7.
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`Nutrien (formerly known as Crop Production Services, Inc.) is a Delaware
`
`corporation with its principal place of business located in Loveland, Colorado. Id. at ¶¶ 3D and
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`3E (identifying Nutrien as a “foreign corporation”).
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`8.
`
`This is an action to recover damages allegedly suffered by Plaintiffs as a result of
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`Nutrien’s alleged conduct. Plaintiffs seek monetary relief “over $1,000,000,” as well as
`
`reimbursement of costs and attorneys’ fees to bring the litigation. See id. at ¶¶ 2, 7, 11.
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`9.
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`The amount in controversy is therefore at least $1,000,000. See Roberts v. Exxon
`
`Mobil Corp., 814 F.3d 236, 240 (5th Cir. 2015) (“A removing defendant can meet its burden of
`
`demonstrating the amount in controversy by showing that the amount is ‘facially apparent’ from
`
`the plaintiffs’ pleadings alone.”); see also Carter v. Triple P Trans., Inc., No. 6:13-CV-408, 2013
`
`WL 12155257, at *1-2 (E.D. Tex. Dec. 17, 2013) (removal appropriate because “[i]t is still
`
`facially apparent from Plaintiff’s claimed damages that the amount in controversy exceeded
`
`$75,000 when the notice of removal was filed.”).
`
`2
`
`
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`Case 9:20-cv-00143-RC-ZJH Document 1 Filed 06/26/20 Page 3 of 4 PageID #: 3
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`10.
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`Nutrien therefore satisfies all requirements, including minimal diversity and
`
`amount in controversy requirements, for removal under 28 U.S.C. §§ 1332(a) and 1441(a).
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`11.
`
`28 U.S.C. § 1441(a) permits Nutrien to remove this action “to the district court of
`
`the United States for the district and division embracing the place where such action is pending.”
`
`The United States District Court for the Eastern District of Texas – Lufkin Division embraces the
`
`county in which the state court action is now pending. See 28 U.S.C. § 124(c)(6). Therefore,
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`this action is properly removed to the Eastern District of Texas – Lufkin Division pursuant to 28
`
`U.S.C. §§ 124(c)(6) and 1441(a).
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`12.
`
`Pursuant to 28 U.S.C. §§ 1446(d), Nutrien is filing a written notice of the removal
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`and a copy of this Notice of Removal with the clerk of the Third Judicial District Court in
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`Houston County, Texas, the state court in which this action is currently pending, and will serve a
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`copy of this notice on all parties to the removed action.
`
`WHEREFORE, Defendants Nutrien Ag Solutions, Inc. (f/k/a Crop Production Services,
`
`Inc.) and Crop Production Services, Inc. respectfully remove this action from the Third Judicial
`
`District Court in Houston County, Texas, Case Number 20-0081, to this Court pursuant to
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`28 U.S.C. §§ 1332, 1441(a), 1446, and 1447.
`
`3
`
`
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`Case 9:20-cv-00143-RC-ZJH Document 1 Filed 06/26/20 Page 4 of 4 PageID #: 4
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`Dated: June 26, 2020
`
`Respectfully submitted,
`
`By: /s/ Tricia W. Macaluso
`Tricia W. Macaluso
`Attorney-in-charge
`TX Bar No. 24013773
`BRYAN CAVE LEIGHTON PAISNER LLP
`2200 Ross Avenue, Suite 3300
`Dallas, TX 75201-7965
`Direct: 214-721-8150
`Fax: 214-220-6759
`Email: tricia.macaluso@bclplaw.com
`
`Counsel for Defendants Nutrien Ag Solutions, Inc.
`(f/k/a Crop Production Services, Inc.) and Crop
`Production Services, Inc.
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that, on June 26, 2020, a copy of the foregoing document
`was served to each of the following parties in compliance with the Federal Rules of Civil Procedure:
`
`William R Pemberton
`William R. Pemberton, P.C.
`P.O. Box 1112
`Crockett, Texas 75835
`bill@pembertontriallaw.net
`Counsel for Plaintiffs
`
`/s/ Tricia W. Macaluso
` Tricia W. Macaluso
`
`4
`
`
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