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FILED
10/23/2020 3:14 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO.,TEXAS
Jeremy Jones DEPUTY
CAUSE NO. DC-20-13072
SHAWANDA GROVES, 0n behalf 0f § IN THE DISTRICT COURT OF
herself and all similarly situated, §
§
Plaintiffs, §
§ DALLAS COUNTY, TEXAS
V. §
§
MATHESON TRI-GAS, INC., §
§
Defendant. § 116TH JUDICIAL DISTRICT
DEFENDANT’S NOTICE OF FILING NOTICE OF
REMOVAL OF ACTION TO FEDERAL COURT
Pursuant t0 Title 28 0f the United States Code, Section 1446(d), Defendant
MATHESON TRI-GAS, INC. (“Defendant”), hereby gives notice 0f the filing 0f a Notice 0f
Removal, removing this action from this Court t0 the United States District Court for the
Northern District 0f Texas. A copy 0f Defendant’s Notice 0f Removal, filed this day in federal
court, is attached hereto as Exhibit 1.
N0 further action needs be taken by this Court, other than forwarding a complete
copy 0f the record 0f this action t0 the United States District Court, unless and until this action is
remanded t0 this Court. 28 U.S.C. § 1446(d).
DEFENDANT’S NOTICE OF FILING NOTICE OF
REMOVAL OF ACTION TO FEDERAL COURT
Page 1
Dated: October 23, 2020 Respectfully submitted,
By: /s/Paul E. Hash
Paul E. Hash
Texas Bar N0. 09198020
Paul.Hash@iacksonlewis.com
JACKSON LEWIS P.C.
500 N. Akard, Suite 2500
Dallas, Texas 75201
PH: (214) 520-2400
FX: (214) 520—2008
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
Ihereby certify that the foregoing document has been served by filing with the ECF filing
system on this 23rd day 0f October, 2020 which will cause service t0 be made upon the
following:
Vincent J. Bhatti
Ditty S. Bhatti
The Bhatti Law Finn, PLLC
14785 Preston Road, Suite 550
Dallas, Texas 75254
Vincent.bhatti@bhattilawfirm.com
Ditty.bhatti@bhattilawfinn.com
/s/ Paul E. Hash
Paul E. Hash
DEFENDANT’S NOTICE 0F FILING NOTICE OF
REMOVAL 0F ACTION TO FEDERAL COURT
Page 2
EXHIBIT 1
Case 3:20-cv-03238—L Document 1 Filed 10/23/20 Page 1 of 4 PagelD 1
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SHAWANDA GROVES, 0n behalf 0f
herself and all similarly situated,
Plaintiff,
V.
mmmmmmmmmw
CIVIL ACTION NO.
MATHESON TRI-GAS, INC.,
Defendant.
DEFENDANT’S NOTICE OF REMOVAL
Defendant Matheson Tri-Gas, Inc. (“Defendant”), by and through the undersigned counsel,
files its Notice of Removal of this action from the 116th District Court of Dallas County, Texas to
the United States District Court for the Northern District of Texas, Dallas Division, the District
and Division encompassing the state court in which this action is pending. This Notice of Removal
is filed pursuant to 28 U.S.C. §§ 133 1, 1441 and 1446. In support thereof, Defendant respectfully
shows this Court as follows:
A. State Court Litigation
1. Matheson Tri-Gas, Inc. is the Defendant in the case styled Shawanda Groves, on
behalf ofherselfand all similarly situated v. Matheson Tri-Gas, Ina, Cause N0. DC-20-13072,
which is currently pending in the 116th District Court of Dallas County, Texas (“State Court
Litigation”).
B. Procedural Requirements
2. This action is properly removed to this Court, as the State Court Litigation is
pending within this district and division pursuant to 42 U.S.C. §1446(a). See 28 U.S.C. §124(a)(1).
DEFENDANT’S NOTICE 0F REMOVAL PAGE 1
Case 3:20-cv-03238—L Document 1 Filed 10/23/20 Page 2 of 4 PagelD 2
3. Pursuant t0 28 U.S.C. §1446(a), this Notice of Removal is accompanied by copies
of the following materials filed 0r served in the State Court Litigation:
Index of Documents Filed in the State Court Litigation
Exhibit A State Court Docket Sheet
Exhibit B Plaintiff” s Petition
Exhibit C Citation
Exhibit D Return 0f Service
C. Timeliness 0f Removal
4. On September 14, 2020, Plaintiff Shawanda Groves (“Plaintiff”) filed an Original
Petition in the State Court Litigation (the “Complaint”).
5. This removal is timely as it is filed within thirty (30) days after Defendant was
served with the Complaint on October 5, 2020. 28 U.S.C. §1446(b)(1).
D. Grounds for Removal — Federal Question
6. This Court has original, federal question jurisdiction over this action under 28
U.S.C. § 1331 and it is an action Which may be removed to this Court by Defendant pursuant to
28 U.S.C. § 1441(a). This action involves claims that arise under the laws of the United States.
Specifically, Plaintiff claims that Defendant violated the Fair Labor Standards Act (29 U.S.C. §
201, et seq.). See Plaintiff’s Complaint 1N 3, 4, 5, 8, 10-13, 26-32.
7. This Court has jurisdiction over Plaintiff” s state law claims which have been joined
with those claims arising under its federal question jurisdiction pursuant to 28 U.S.C. § 1441(0),
and supplemental jurisdiction over those claims pursuant to 28 U.S.C. 1367, because they are so
related to claims in the action Within the Court’s original jurisdiction that they form part of the
same case or controversy under Article III of the United States Constitution.
DEFENDANT’S NOTICE 0F REMOVAL PAGE 2
Case 3:20-cv-03238—L Document 1 Filed 10/23/20 Page 3 of 4 PagelD 3
E. Notice t0 Parties and State Court
8. Upon filing of this Notice with the Federal District Court, Defendant will give
notice of this filing to Plaintiff, and will also file a copy of this Notice With the Clerk of the 116th
District Court of Dallas County, Texas, where the action is currently pending.
For these reasons, Defendant respectfully requests that the above-entitled action be
removed to this Court.
Respectfully submitted,
By: /s/Paul E. Hash
Paul E. Hash
Texas Bar N0. 09198020
Paul.Hash@iacksonlewis.com
JACKSON LEWIS P.C.
500 N. Akard, Suite 2500
Dallas, Texas 75201
PH: (214) 520-2400
FX: (214) 520-2008
ATTORNEYS FOR DEFENDANT
DEFENDANT’S NOTICE 0F REMOVAL PAGE 3
Case 3:20-cv-03238-L Document 1 Filed 10/23/20 Page 4 of 4 PageID 4
CERTIFICATE OF SERVICE
Ihereby certify that 0n the 23rd day 0f October, 2020, I electronically filed the foregoing
document with the Clerk ofthe Court for the Northern District of Texas, using the CM/ECF system
which will send notification of such filing to all counsel of record:
Vincent J. Bhatti
Ditty S. Bhatti
The Bhatti Law Firm, PLLC
14785 Preston Road, Suite 550
Dallas, Texas75254
Vincent.bhatti@bhattilawfirm.com
Dittv.bhatti@bhattilawfirm.com
/s/ Paul E. Hash
Paul E. Hash
DEFENDANT’S NOTICE 0F REMOVAL PAGE 4
Automated
Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Ginger Williford on behalf of Paul Hash
Bar No. 09198020
ginger.williford@jacksonlewis.com
Envelope ID: 47483710
Status as of 10/26/2020 2:03 PM CST
Associated Case Party: SHAWANDA GROVES
Name BarNumber Email TimestampSubmitted Status
Vincent Bhatti 240551 69 Vin cent.bhatti@bhattilawfirm.com 10/23/2020 3:14:50 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Ditty Bhatti 24062803 ditty.bhatti@bhattilawfirm.com 10/23/2020 3:14:50 PM SENT
Associated Case Party: MATHESON TRI-GAS INC
Name BarNumber Email TimestampSubmitted Status
Ginger Williford Ginger.Wi||iford@jackson|ewis.com 10/23/2020 3:14:50 PM SENT
Denise Smith denise.smith@jacksonlewis.com 10/23/2020 3:14:50 PM SENT
Dallas Docketing DalIasDocketing@jacksonlewis.com 10/23/2020 3:14:50 PM SENT
Paul E.Hash hashp@jacksonlewis.com 10/23/2020 3:14:50 PM SENT
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FILED 10/23/2020 3:14 PM FELICIA PITRE DISTRICT CLERK DALLAS CO.,TEXAS Jeremy Jones DEPUTY CAUSE NO. DC-20-13072 SHAWANDA GROVES, 0n behalf 0f § IN THE DISTRICT COURT OF herself and all similarly situated, § § Plaintiffs, § § DALLAS COUNTY, TEXAS V. § § MATHESON TRI-GAS, INC., § § Defendant. § 116TH JUDICIAL DISTRICT DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL OF ACTION TO FEDERAL COURT Pursuant t0 Title 28 0f the United States Code, Section 1446(d), Defendant MATHESON TRI-GAS, INC. (“Defendant”), hereby gives notice 0f the filing 0f a Notice 0f Removal, removing this action from this Court t0 the United States District Court for the Northern District 0f Texas. A copy 0f Defendant’s Notice 0f Removal, filed this day in federal court, is attached hereto as Exhibit 1. N0 further action needs be taken by this Court, other than forwarding a complete copy 0f the record 0f this action t0 the United States District Court, unless and until this action is remanded t0 this Court. 28 U.S.C. § 1446(d). DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL OF ACTION TO FEDERAL COURT Page 1 Dated: October 23, 2020 Respectfully submitted, By: /s/Paul E. Hash Paul E. Hash Texas Bar N0. 09198020 Paul.Hash@iacksonlewis.com JACKSON LEWIS P.C. 500 N. Akard, Suite 2500 Dallas, Texas 75201 PH: (214) 520-2400 FX: (214) 520—2008 ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE Ihereby certify that the foregoing document has been served by filing with the ECF filing system on this 23rd day 0f October, 2020 which will cause service t0 be made upon the following: Vincent J. Bhatti Ditty S. Bhatti The Bhatti Law Finn, PLLC 14785 Preston Road, Suite 550 Dallas, Texas 75254 Vincent.bhatti@bhattilawfirm.com Ditty.bhatti@bhattilawfinn.com /s/ Paul E. Hash Paul E. Hash DEFENDANT’S NOTICE 0F FILING NOTICE OF REMOVAL 0F ACTION TO FEDERAL COURT Page 2 EXHIBIT 1 Case 3:20-cv-03238—L Document 1 Filed 10/23/20 Page 1 of 4 PagelD 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SHAWANDA GROVES, 0n behalf 0f herself and all similarly situated, Plaintiff, V. mmmmmmmmmw CIVIL ACTION NO. MATHESON TRI-GAS, INC., Defendant. DEFENDANT’S NOTICE OF REMOVAL Defendant Matheson Tri-Gas, Inc. (“Defendant”), by and through the undersigned counsel, files its Notice of Removal of this action from the 116th District Court of Dallas County, Texas to the United States District Court for the Northern District of Texas, Dallas Division, the District and Division encompassing the state court in which this action is pending. This Notice of Removal is filed pursuant to 28 U.S.C. §§ 133 1, 1441 and 1446. In support thereof, Defendant respectfully shows this Court as follows: A. State Court Litigation 1. Matheson Tri-Gas, Inc. is the Defendant in the case styled Shawanda Groves, on behalf ofherselfand all similarly situated v. Matheson Tri-Gas, Ina, Cause N0. DC-20-13072, which is currently pending in the 116th District Court of Dallas County, Texas (“State Court Litigation”). B. Procedural Requirements 2. This action is properly removed to this Court, as the State Court Litigation is pending within this district and division pursuant to 42 U.S.C. §1446(a). See 28 U.S.C. §124(a)(1). DEFENDANT’S NOTICE 0F REMOVAL PAGE 1 Case 3:20-cv-03238—L Document 1 Filed 10/23/20 Page 2 of 4 PagelD 2 3. Pursuant t0 28 U.S.C. §1446(a), this Notice of Removal is accompanied by copies of the following materials filed 0r served in the State Court Litigation: Index of Documents Filed in the State Court Litigation Exhibit A State Court Docket Sheet Exhibit B Plaintiff” s Petition Exhibit C Citation Exhibit D Return 0f Service C. Timeliness 0f Removal 4. On September 14, 2020, Plaintiff Shawanda Groves (“Plaintiff”) filed an Original Petition in the State Court Litigation (the “Complaint”). 5. This removal is timely as it is filed within thirty (30) days after Defendant was served with the Complaint on October 5, 2020. 28 U.S.C. §1446(b)(1). D. Grounds for Removal — Federal Question 6. This Court has original, federal question jurisdiction over this action under 28 U.S.C. § 1331 and it is an action Which may be removed to this Court by Defendant pursuant to 28 U.S.C. § 1441(a). This action involves claims that arise under the laws of the United States. Specifically, Plaintiff claims that Defendant violated the Fair Labor Standards Act (29 U.S.C. § 201, et seq.). See Plaintiff’s Complaint 1N 3, 4, 5, 8, 10-13, 26-32. 7. This Court has jurisdiction over Plaintiff” s state law claims which have been joined with those claims arising under its federal question jurisdiction pursuant to 28 U.S.C. § 1441(0), and supplemental jurisdiction over those claims pursuant to 28 U.S.C. 1367, because they are so related to claims in the action Within the Court’s original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. DEFENDANT’S NOTICE 0F REMOVAL PAGE 2 Case 3:20-cv-03238—L Document 1 Filed 10/23/20 Page 3 of 4 PagelD 3 E. Notice t0 Parties and State Court 8. Upon filing of this Notice with the Federal District Court, Defendant will give notice of this filing to Plaintiff, and will also file a copy of this Notice With the Clerk of the 116th District Court of Dallas County, Texas, where the action is currently pending. For these reasons, Defendant respectfully requests that the above-entitled action be removed to this Court. Respectfully submitted, By: /s/Paul E. Hash Paul E. Hash Texas Bar N0. 09198020 Paul.Hash@iacksonlewis.com JACKSON LEWIS P.C. 500 N. Akard, Suite 2500 Dallas, Texas 75201 PH: (214) 520-2400 FX: (214) 520-2008 ATTORNEYS FOR DEFENDANT DEFENDANT’S NOTICE 0F REMOVAL PAGE 3 Case 3:20-cv-03238-L Document 1 Filed 10/23/20 Page 4 of 4 PageID 4 CERTIFICATE OF SERVICE Ihereby certify that 0n the 23rd day 0f October, 2020, I electronically filed the foregoing document with the Clerk ofthe Court for the Northern District of Texas, using the CM/ECF system which will send notification of such filing to all counsel of record: Vincent J. Bhatti Ditty S. Bhatti The Bhatti Law Firm, PLLC 14785 Preston Road, Suite 550 Dallas, Texas75254 Vincent.bhatti@bhattilawfirm.com Dittv.bhatti@bhattilawfirm.com /s/ Paul E. Hash Paul E. Hash DEFENDANT’S NOTICE 0F REMOVAL PAGE 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Ginger Williford on behalf of Paul Hash Bar No. 09198020 ginger.williford@jacksonlewis.com Envelope ID: 47483710 Status as of 10/26/2020 2:03 PM CST Associated Case Party: SHAWANDA GROVES Name BarNumber Email TimestampSubmitted Status Vincent Bhatti 240551 69 Vin cent.bhatti@bhattilawfirm.com 10/23/2020 3:14:50 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Ditty Bhatti 24062803 ditty.bhatti@bhattilawfirm.com 10/23/2020 3:14:50 PM SENT Associated Case Party: MATHESON TRI-GAS INC Name BarNumber Email TimestampSubmitted Status Ginger Williford Ginger.Wi||iford@jackson|ewis.com 10/23/2020 3:14:50 PM SENT Denise Smith denise.smith@jacksonlewis.com 10/23/2020 3:14:50 PM SENT Dallas Docketing DalIasDocketing@jacksonlewis.com 10/23/2020 3:14:50 PM SENT Paul E.Hash hashp@jacksonlewis.com 10/23/2020 3:14:50 PM SENT