Case 4:21-cv-00004 Document 1 Filed on 01/02/21 in TXSD Page 1 of 4
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`WILLIAM BOOKER,
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`Plaintiff,
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`SANDERSON FARMS, INC.,
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`Defendant.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
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`DEFENDANT SANDERSON FARMS, INC.’S NOTICE OF REMOVAL
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` TO THE HONORABLE JUDGE AND CLERK OF THE COURT:
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`CIVIL ACTION NO. ____________
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`COMES NOW Defendant Sanderson Farms, Inc. (“Sanderson Farms”) and files its Notice
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`of Removal. As grounds for removal, Sanderson Farms respectfully shows the Court as follows:
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`1.
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`On or about December 3, 2020, an action was commenced in the 361st Judicial
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`District Court, Brazos County, Texas styled “William Booker v. Sanderson Farms, Inc.” as Cause
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`No. 20-003136-CV-361 (hereinafter referred to as the “State Court Action”).
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`2.
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`Sanderson Farms was served with process through its registered agent on December
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`4, 2020. Therefore, in accordance with 28 U.S.C. § 1446(b)(1), this Notice of Removal is timely
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`filed within 30 days after Sanderson Farms’ receipt of Plaintiff’s pleading setting forth the grounds
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`upon which removal is based.
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`3.
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`As stated in Plaintiff’s Original Petition (“Plaintiff’s Petition”), Plaintiff is a
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`resident of Brazos County, Texas and therefore is a citizen of Texas for purposes of diversity
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`jurisdiction.
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`4.
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`Sanderson Farms was at the time that the State Court Action was filed and has
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`remained at all other relevant times, including the date of the filing of this Notice of Removal, a
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`corporation organized and existing under the laws of Mississippi with its principal place of business
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`DEFENDANT SANDERSON FARMS, INC.’S NOTICE OF REMOVAL – Page 1
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`Case 4:21-cv-00004 Document 1 Filed on 01/02/21 in TXSD Page 2 of 4
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`located in Laurel, Mississippi. Accordingly, Sanderson Farms is a citizen of Mississippi, and is not
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`a citizen of the Texas, for purposes of diversity jurisdiction.
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`5.
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`Plaintiff has asserted negligence claims against Sanderson Farms for injuries that
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`he allegedly sustained in a job-related incident at Sanderson Farms on December 3, 2018. See
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`Ex. 2-A, Plaintiff’s Petition, pp. 2-3, ¶¶ 4.1-5.4. The amount in controversy in Plaintiff’s to
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`negligence claim exceeds $75,000, exclusive of interest and costs.
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`6.
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`In Plaintiff’s Petition, Plaintiff asserts that he sustained severe injuries on or about
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`December 2018, when he was using a ladder provided by Sanderson Farms to work on a
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`machine. The ladder broke, causing Mr. Booker to suddenly and unexpectedly be thrown against
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`the machine and then to the concrete floor. See Ex. 2-A, Plaintiff’s Petition, p. 2 ¶¶ 4.1-4.2.
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`7.
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`According to Plaintiff, he suffered serious personal injuries, as well as pain and
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`suffering, lost wages, physical and mental anguish, physical impairment, and disfigurement. See
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`Ex. 2-A, Plaintiff’s Petition, p. 2, 4 ¶¶ 4.3, 5.5, 6.1.
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`8.
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`As alleged in Plaintiff’s Petition, Plaintiff seeks to recover compensation for
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`eleven categories of damages for his alleged injury on December 3, 2018. These alleged
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`damages consist of past and future physical pain and mental anguish, past and future physical
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`impairment, past and future disfigurement, past and future loss of income/earning capacity, past
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`and future medical expenses, and property damage and loss. See Ex. 2-A, Plaintiff’s Petition,
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`pp. 4, ¶¶ 6.1.A.1.-11.
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`9.
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`As stated in Plaintiff’s Petition and the Civil Case Information Sheet, Plaintiff
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`seeks monetary relief in an amount which does not exceed $250,000. See Ex. 2-A, Plaintiff’s
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`Petition, p. 1, ¶ 3.1; Ex. B, Civil Case Information Sheet.
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`10.
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`Since this lawsuit is between citizens of different states and the matter in
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`controversy exceeds the sum or value of $75,000, exclusive of interest and costs, this Court has
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`DEFENDANT SANDERSON FARMS, INC.’S NOTICE OF REMOVAL – Page 2
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`Case 4:21-cv-00004 Document 1 Filed on 01/02/21 in TXSD Page 3 of 4
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`original jurisdiction pursuant to 28 U.S.C. § 1332(a)(1). Therefore, the State Court Action may be
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`removed in accordance with 28 U.S.C. § 1441(b).
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`11.
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`Under 28 U.S.C. § 1441(a), venue of a removed action is proper in the district and
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`division embracing the place where the state court case is pending. Since the State Court Action
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`is currently pending in the 361st Judicial District Court, Brazos County, Texas, removal to the
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`United States District Court for the Southern District of Texas, Houston Division, is proper.
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`15.
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`In accordance with Local Rule 81 of the United States District Court for the
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`Southern District of Texas and 28 U.S.C. § 1446(a), the following are appended as exhibits:
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`Exhibit 1 -
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`Exhibit 2 -
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`All executed process in the case;
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`Pleadings asserting causes of action, e.g., petitions, counterclaims, cross
`actions, third-party actions, interventions, and all answers to such
`pleadings;
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`Exhibit 3 -
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`Exhibit 4 - An index of matters being filed;
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`Brazos County Case Information Sheet;
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`Exhibit 5 - A list of all counsel of record, including address, telephone numbers and
`parties represented;
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`16.
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`As required by 28 U.S.C. §1446(d), Sanderson Farms will give written notice to
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`Plaintiff of this Notice of Removal. A Notice of Removal to Federal Court, including a copy of
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`this Notice of Removal and the exhibits appended hereto, will be filed with the Brazos County
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`District Clerk for the 361st Judicial District Court.
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`WHEREFORE, PREMISES CONSIDERED, Defendant Sanderson Farms, Inc. requests
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`that the Court assume full jurisdiction of this cause as if it had been originally filed in this Court,
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`that further proceedings in the State Court Action be stayed, and for such other and further relief, at
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`law or in equity, general or special, to which Sanderson Farms may be justly entitled.
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`DEFENDANT SANDERSON FARMS, INC.’S NOTICE OF REMOVAL – Page 3
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`Case 4:21-cv-00004 Document 1 Filed on 01/02/21 in TXSD Page 4 of 4
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`Respectfully submitted,
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` By: /s/ William O Ashcraft
`William O Ashcraft, Esq.
`Attorney-in-charge
`State Bar No. 01372800
`Southern District of Texas Bar No. 11654
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`ASHCRAFT LAW FIRM
`3850 Republic Center
`325 North St. Paul Street
`Dallas, Texas 75201
`Telephone: (214) 987-0660
`Facsimile: (214) 987-3847
`Email: woa@ashcraftlawfirm.com
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`ATTORNEYS FOR DEFENDANT
`SANDERSON FARMS, INC.
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the above and foregoing Defendant
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`Sanderson Farms, Inc.’s Notice of Removal was served via the electronic case filing system upon
`counsel of record for Plaintiff on the 2nd day of January 2021 as follows:
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`Michael D. West, Esq.
`WEST & WEST, LLP
`3818 Fox Meadow
`Pasadena, Texas 77504
`service@westandwest.com
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`/s/ William O Ashcraft
`William O Ashcraft
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`DEFENDANT SANDERSON FARMS, INC.’S NOTICE OF REMOVAL – Page 4
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