Motion for Court Reporter or Interpreter in Joyce Cortez vs Walgreen Co.| Trellis.Law

On February 06, 2023 a Party Notice was filed involving a dispute between Cortez, Joyce, and Walgreen Co., for Injury or Damage - Other Injury or Damage in the District Court of Fort Bend County.

Preview
Cause Number: 23 DCV-301022

JOYCE CORTEZ IN THE DISTRICT COURT

Plaintiff

VS FORT BEND COUNTY, TEXAS

WALGREEN CO.,

Defendant JUDICIAL DISTRICT

NOTICE OF FILING OF NOTICE OF REMOVAL

Defendant Walgreen Co. hereby requests that this Honorable Court, and all parties to this

suit, take notice that on July 5, 2023, Defendant Walgreen Co. filed the attached Notice of Removal

of the above-styled and numbered cause of action to the United States District Court for the

Southern District of Texas Houston Division.

Respectfully submitted,

LAW OFFICE OF PHIL GRIFFIS

By: /s/ Phil Griffis
PHIL GRIFFIS
State Bar No. 08476400
pgriffis@griffislawfirm.com
1322 Space Park Drive, Suite A248
Houston, Texas 77058
Telephone: (832) 284-4013
Telecopier: (713) 493-7253
ATTORNEY FOR WALGREEN
Co.
CERTIFICATE OF SERVICE

Thereby certify that a true and correct copy of the foregoing instrument has been forwarded
to all counsel of record, pursuant to Rules 21 and 21a of the Texas Rules of Civil Procedure, via
electronic servicethe day of July

/s/ Phil Griffis
PHIL GRIFFIS
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF TEXAS HOUSTON DIVISION

JOYCE CORTEZ,

Plaintiff
C.A. NO. 4:23 2450
VS.

WALGREEN CO.,

Defendant

NOTICE OF REMOVAL

Defendant Walgreen Co. files this Notice of Removal pursuant to 28 U.S.C.§

1446(a).
PROCEDURAL BACKGROUND

February 6, 2023 Plaintiff oyce Cortez filed her Plaintiff's

Original Petition in the matter styled Cause No. 23-DCV 301022 Joyce Cortez v.

Walgreen Co. Inthe 240 Judicial District Court of Fort Bend County, Texas

2 June 15, 2023, Defendant Walgreen Co. was served with the

Citation and Plaintiff's Original Petition in the state court cause of action Thus, this

Notice of Removal is timely, as it has been filed within the thirtyday statutory time

period for removal. 28 U.S.C. § 1446(b).
BASIS FOR REMOVAL

This ourt has jurisdiction over this matter under 28 U.S.C. § 1332(a),

because there is complete diversity of citizenship between Plaintiff and Defendant

Further, the amount at stake, exclusive of interest and costs, exceeds $75,000.

Specifically, Plaintiff claims to have sustained personal injuries after

having allegedly tripped and fallen in the parking lot outside of the Walgreen Co.

store located at 6120 Highway 6, Missouri City, Texas. Plaintiff claims to have

suffered mental and physical pain and suffering, mental anguish, physical

impairment, lost wages in the past, and loss of earning capacity in the future”

(Petition paragraph ). Additionally, paragraphs 25 and 26 of her Petition seek

damages for alleged “disfigurement”. Paragraph 28 seeks an award of past and

future medical expenses allegedly incurred because of the incident. Paragraph 29

seeks an award of punitive damages. Further, the Petition states that Plaintiff seeks

monetary relief over 0,000 but not more than $1,000,000.
Plaintiff's Original Petition alleges that she is an individual residing in

Galveston County, Texas

6 Defendant Walgreen Co. is a Illinois corporation with its principal place

of business in Illinois.

7 Therefore, there is complete diversity between Plaintiff and Defendant

Walgreen Co. under 28 U.S.C. §1332(a) in this action.
THE REMOVAL IS PROCEDURALLY CORRECT

8 Venue is proper in this district under 28 U.S.C. § 1446(a) because this

istrict and ivision embrace the place in which the removed action has been

pending and because all or a substantial part of the events giving rose to the

Plaintiff's claims allegedly occurred in this district.

9 Pursuant to 28 U.S.C § 1446(a), Defendant has attached copies of all

pleadings filed in the case. The state court in which the case was filed does not

utilize a paper docket sheet. Therefore, Defendant has attached copies of the state

District Clerk website’s Register of Actions Screen pertaining to the case. Pursuant

to Local Rule 81, an Index of Documents Being Filed, including a List of All Parties

and Counsel of record and pleadings in the state court actionis also being filed.

Pursuant to 28 U.S.C. § 1446(d), written notice of the removal Il be

given to all other parties to the suit.

11. Pursuant to 28 U.S.C. § 1446(d), a true and correct copy of this notice

of removal will be filed with the clerk of the state court in which this action is

pending.

THEREFORE, Defendant Walgreen Co. requests that this Honorable Court

take notice of the removal of the abovereference state court action to the United

States District Court for the Southern District of Texas Houston Division.
Respectfully submitted,

By: /s/ Phil Griffis
PHIL GRIFFIS
State Bar No. 08476400
Federal No. 10528
pegriffis@griffislawfirm.com
1322 Space Park Drive, Suite A248
Houston, Texas 77058
Telephone: (832) 284 4013
Telecopier: (713) 493 7253
ATTORNEY FOR WALGREEN CO.

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has
been forwarded to all counsel of record, pursuant to the Federal Rules of Civil
Procedure, via Email to jeff@jefftoddlaw.com on this the day of July 2023.

/ Phil Griffis
PHIL GRIFFIS
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF TEXAS HOUSTON DIVISION

JOYCE CORTEZ

Plaintiff
C.A. NO. 4:23 2450
VS.

WALGREEN CO.

Defendant

INDEX OF DOCUMENTS BEING FILED WITH NOTICE OF REMOVAL

Defendant Walgreen file this Index of Documents Being Filed with

Notice of Removal. The documents filed with the Notice of Removal include:

Civil Cover Sheet;

List of Parties and Counsel;

District Clerk Website’s Case Register of Actions Printout

Plaintiff's Original Petition; and

Defendant’s Original Answer.
Respectfully submitted,

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has
been forwarded to all counsel of record, pursuant to the Federal Rules of Civil
Procedure, via Email, on this the day of July 2023

/s/ Phil Griffis
HIL GRIFFIS
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is re

I. (a) PLAINTIFFS DEFENDANTS
JOYCE CORTEZ WALGREEN CO.

County of Residence of First Listed Plaintiff Fort Bend County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN US. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF

THE TODD LAW GROUP, PLLC, Jeffrey N. Todd Phil Griffis
12929 Gulf Freeway, Suite 301 1322 Space Park Drive, Suite A248
Houston, TX 77034, (832) 243-4953 Houston, Tx. 77058, (832) 284-4013

IL. BASIS OF JURISDICTION (Placean “x” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 US. Government 3 Federal Question PTF DEF EF
Plaintitt x 1 Incorporated Principal Place

2 US. Government X 4° Diversity Citizen of Another State 2 Incorporated Principal Place

3 Foreign Nation

(Place an “X"" in One Box Only)
‘CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY ‘OTHER STATUTES
PERSONAL INJURY PERSONAL INJURY 375 False Claims Act
365 Personal Injury - of Property 21 USC 881 376 Qui Tam (31 USC
315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical
& Enforcement of Judgment Slander Personal Injury 820 Copyrights
330 Federal Employers’ Product Liability 450 Commerce
152 Recovery of Defaulted Liability
340 Marine Injury Product New Drug Application
345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability TABOR SOCIAL SECURITY 480 Consumer Credit
485 Telephone Consumer
371 Truth in Lending Act 62 Black Lung (923) Protection Act
190 Other Contract Product Liability 720 Labor/Management
195 Contract Product Liability X 360 Other Personal Property Damage Relations 850 Securities/Commodities
196 Franchise Injury 385 Property Dama 740 Railway Labor Act 865 RSI (405(2)) Exchange
362 Personal Injury - Product Liability 751 Family and Medical 890 Other Statutory Actions
Medical Malpractice Leave Act
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS 893 Environmental Matters
210 Land Condemnation Habeas Corpus: 791 Employee Retirement 895 Freedom of Information
463 Alien Detainee Income Security Act or Defendant) Act
230 Rent Lease & Ejectment 442 Employment
443 Housing! Sentence 26 USC 7609 899 Administrative Procedure
245 Tort Product Liability Accommodations
445 Amer. w/Disabilities -
Employment Other: 950 Constitutionality of
446 Amer. w/Disabilities - 540 Mandamus & Other 165 Other Immigration State Statutes
550 Civil Rights Actions

Confinement
(Place an “X” in One Box Only)
1 Original X2_ Removed from 3 Remanded from 4 Reinstated or Transferred from 6 Multidistrict
(specify)
(Do not cite jurisdictional statutes unless diversity
28 U.S. Code § 1332/Diversity

Plaintiff claims to have tripped and fallen on Defendant's premises, sustaining personal injuries.
CHECK YES only if demanded in complaint
x

IF ANY JUDGE DOCKET NUMBER,
DATE ‘SIGNATURE OF ATTORNEY OF RECORD.
/s/ Phil Griffis

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pl
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United Stat
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency,
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(©) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an atta
in this section "(see attachment)".

IL. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. PI
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United Stat
United States defendant, (2) When the plaintiffis suing the United States, its officers or agencies, place an "X" in this box
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plainti
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When
citizenship of the different parties must be checked
cases.

TIL. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of
that is most applicable. Click here for:
Origin.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date 0

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for withi
multidistrict litigation transfers.
Multidistrict Litigation — Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.

Multidistrict Litigation — Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Mast
Origin Code 7 was used for historical records and is no longer relevant due to

VI Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause.
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VIL. Requested in Complaint.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIIL. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF TEXAS HOUSTON DIVISION

JOYCE CORTEZ,

Plaintiff
C.A. NO. 4:23 2450
VS.

WALGREEN CO.

Defendant

LIST OF PARTIES AND COUNSEL

Defendant Walgreen Co. file the following list of parties and counsel in the

abovestyled and numbered cause:

Plaintiff Joyce Cortez, represented by: Defendant Walgreen Co. represented
THE TODD LAW GROUP, PLLC by:
Jeffrey N. Todd Ph il Griffis
SBN: 24028048 State Bar No. 08476400
12929 Gulf Freeway, Suite 301 Federal ID: 10528
Houston, TX 77034 The Law Office of Phil Griffis
Telephone: (832) 2434953 1322 Space Park Drive, Suite A248
Telecopier: (713) 5837818 Houston, TX 77058
jeff@jefftoddlaw.com Telephone: (832) 284 4013
Facsimile: (713) 493 7253
pgriffis@egriffislawfirm.com
Respectfully submitted,

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has
been forwarded to all counsel of record, via Email, pursuant to the Federal Rules of
Civil Procedure, on this the day of July 2023

/s/ Phil Griffis
HIL GRIFFIS
7/5/23, 10:46 AM tylerpaw. fortbendcountytx.gov/PublicAccess/CaseDetail.aspx?CaselD=2262550

Joyce Cortezvs Walgreen Co. Injury or Damage - Other Injury or
Case Type:
Date File
D02/06/2023
jamage
Locatior 240th District Court

PARTY INFORMATION
Attorneys
Defendant or Walgreen Co.
Respondent Austin, TX 78701-3218

Plaintiff or Cortez, Joyce Jeffrey N Todd
Petitioner Retained
832-243-4953(W)

Events & ORnveRs OF THE COURT.
OTHER EVENTS AND HEARINGS
02/06/2023] Petition Index #1
Plaintiff's Original Petition
02/06/2023} Request Index #2
Request for Process
02/08/2023] Issuance Index #3
Citation Issued to Walgreen Co
02/08/2023] Citation
jervice
Walgreen Co. Served 06/15/2023
Returned 06/15/2023
04/12/2023] Notice Index #4
Attorney Vacation Letter
06/14/2023] Request Index #5.
jest
06/15/2023] Officers Return Index #6
Return of Service Walgreens Co. - Served on 06/15/23
06/15/2023] Issuance Index #7
Citation Issued to Walgreen Co.
06/15/2023} Citation
eService
Walgreen Co. Unserved

FINANCIAL INFORMATION

Plaintiff or Petitioner Cortez, Joyce
Total Financial Assessment 366.00
Total Payments and Credits 366.00
Balance Due as of 07/05/2023 0.00

2/07/2023 Transaction Assessment 358.00
02/07/2023} E-fling Receipt # 2023-04551-DCLK Cortez, Joyce (221.00)
02/07/2023} State Credit (137.00)
06/14/2023 | Transaction Assessment 8.00
06/14/2023 E-filing Receipt # 2023-22551-DCLK Cortez, Joyce (8.00)

tylerpaw.fortbendcountytx.gov/PublicAccess/CaseDetail.aspx?CaselD=2262550 1
%
CSC
SERVICE FEE NOT COLLECTED
BY DISTRICT CLERK THE STATE OF TEXAS Deere!
20/1515] 22
CITATION Lue
TO: WALGREEN CO
REGISTERED AGENT PRENTICE HALL CORPORATION SYSTEM
211 E7TH STREET SUITE 620
AUSTIN TX 78701-3218

NOTICE:

You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the
clerk who issued this citation by 10:00 a.m. on Monday next following the expiration of twenty days after you were
served this citation and PLAINTIFF'S ORIGINAL PETITION filed on February 06, 2023, a default judgment may
be taken against you In addition to filing a written answer with the clerk, you may be required to make initial
disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after
you file your answer with the clerk. Find out more at TexasLawHelp.org

The case is presently pending before the 240TH JUDICIAL DISTRICT COURT of Fort Bend County sitting in
Richmond, Texas. It bears cause number 23-DCV-301022 and is styled.

JOYCE CORTEZ VS WALGREEN CO.

The name and address of the attorney for PLAINTIFF(S) is:

JEFFREY N TODD
THE TODD LAW GROUP PLLC
12929 GULF FREEWAY SUITE 301
HOUSTON TX 77034
832-243-4953

The nature of the demands of said PLAINTIFF(S) is shown by a true and correct copy of the PLAINTIFF'S
ORIGINAL PETITION accompanying this citation and made a part hereof.

If this Citation is not served, it shall be returned unserved. Issued under my hand and seal of said Court, at
Richmond, Texas, on this the 8th day of February, 2023.

BEVERLEY MCGREW WALKER, DISTRICT CLERK
FORT BEND COUNTY, TEXAS
Physical Address
1422 Eugene Heimann Circle, Room 31004 ony
Richmond, Texas 77469
Mailing Address: s AeHLO,Win
Ss

Case Info

Case No.

(Subscribe to View)

Document Filed Date

July 05, 2023

Case Filing Date

February 06, 2023

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Party Notice: Joyce Cortez vs Walgreen Co.

Preview

Related Topics

Case Info

Parties