`Case: 21-40622 Document: 00515994116 Page: 1 Date Filed: 08/25/2021
`
`
`
`CIVIL ACTION NO.
`9:20-cv-00184
`
`
`ROLANDETTE GLENN; IDELL
`BELL; KERRY CARTWRIGHT;
`TAMMY FLETCHER; LAVEKA
`JENKINS; KIESHA JOHNSON;
`RONALD JOHNSON; DAISY
`WILLIAMS; DANICA WILSON;
`JOHN WYATT; CRYSTAL WYATT;
`and CLIFFORD BELL,
`Individually and as Personal
`Representative of the ESTATE OF
`BEVERLY WHITSEY,
`
`Plaintiffs,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`LUFKIN DIVISION
`
`
`§
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`§
`§
`§
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`v.
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`TYSON FOODS, INC.; JASON
`ORSAK; ERICA ANTHONY; AND
`MARIA CRUZ,
`
`Defendants.
`
`
`
`NOTICE OF APPEAL
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`Notice is hereby given that all Defendants appeal to the United States Court
`
`of Appeals for the Fifth Circuit from the Order entered August 12, 2021 (Doc. 40)
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`remanding this case to the 273rd Judicial District Court of Shelby County, Texas, as
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`well as any and all orders related to Doc. 40. Defendants are entitled to appeal the
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`remand order as of right because this case was removed under 28 U.S.C. § 1442(a).
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`See 28 U.S.C. § 1447(d) (“[A]n order remanding a case to the State court from which
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`it was removed pursuant to section 1442 . . . of this title shall be reviewable by appeal
`
`(cid:3)
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`
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`Case 9:20-cv-00184-MJT Document 41 Filed 08/19/21 Page 2 of 3 PageID #: 1094
`Case: 21-40622 Document: 00515994116 Page: 2 Date Filed: 08/25/2021
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`or otherwise.”); see, e.g., Latiolais v. Huntington Ingalls, Inc., 951 F.3d 286, 290 (5th
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`Cir. 2020) (appeal of federal officer removal as of right).
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`Dated: August 19, 2021
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`Respectfully submitted,
`
`/s/ Christopher S. Coleman
`Zachary T. Mayer
`Texas Bar No. 24013118
`J. Edward Johnson
`Texas Bar No. 24070001
`MAYER LLP
`750 N. St. Paul Street #700
`Dallas, Texas 75201
`
`Christopher S. Coleman
`Admitted Pro Hac Vice
`Jessica L. Everett-Garcia
`Admitted Pro Hac Vice
`PERKINS COIE LLP
`2901 North Central Avenue, Suite 2000
`Phoenix, Arizona 85012
`
`ATTORNEYS FOR DEFENDANTS
`
`
`
`(cid:3)
`
`(cid:3)
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`- 2 -
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`
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`Case 9:20-cv-00184-MJT Document 41 Filed 08/19/21 Page 3 of 3 PageID #: 1095
`Case: 21-40622 Document: 00515994116 Page: 3 Date Filed: 08/25/2021
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`
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`CERTIFICATE OF SERVICE
`
`This is to certify that, on August 19, 2021, a true and correct copy of the foregoing
`document was served upon all counsel of record via the Court’s CM/ECF system as
`follows:
`
`Kurt Arnold
`Caj Boatright
`Roland Christensen
`Joseph McGowin
`Clair Traver
`Andrew Gould
`ARNOLD & ITKIN LLP
`6009 Memorial Drive
`Houston, Texas 77007
`
`Christopher Hughes
`Don Wheeler
`WHEELER & HUGHES
`101 Tenaha Street
`P. O. Box 1687
`Center, Texas 75935
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`ATTORNEYS FOR PLAINTIFFS
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` /s/ Christopher S. Coleman
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`
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`
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`(cid:3)
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`- 3 -
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