Preview
348-318817-20
FILED
TARRANT COUNTY
8/31/2020 4:02 PM
THOMAS A. WILDER
DISTRICT CLERK
CAUSE NO. 348-318817-20
JEFF MCDONALD, § IN THE DISTRICT COURT
§
Plaintiff, §
v. §
§ 348th DISTRICT COURT
TARRANT COUNTY COLLEGE §
DISTRICT, §
§
Defendant. § TARRANT COUNTY, TEXAS
DEFENDANT TARRANT COUNTY COLLEGE DISTRICT NOTICE OF REMOVAL
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Tarrant County College District, Defendant in the above-numbered and
entitled cause, and files this its Notice of Removal and for same would respectfully show the Court
the following:
I.
Notice is hereby given that on August 31, 2020, Defendant filed a Notice of Removal in
the United States District Court for the Northern District of Texas, Fort Worth Division, a copy of
which is attached hereto as Exhibit “A.” Accordingly, Defendant respectfully gives notice that the
captioned lawsuit previously pending in this Court is removed to the United States District Court
for the Northern District of Texas, Fort Worth Division.
DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 1
Respectfully submitted,
By: /s/Lu Pham .
Lu Pham
State Bar No. 15895430
lpham@phamharrison.com
Antonio U. Allen
State Bar No. 24069045
aallen@phamharrison.com
Spencer Mainka
State Bar No. 24116707
smainka@phamharrison.com
PHAM HARRISON, LLP
505 Pecan Street, Suite 200
Fort Worth, Texas 76102
(817) 632-6300
(817) 632-6313 – Fax
Carol Bracken
State Bar No. 20861400
Carol.Bracken@tccd.edu
Lauren H. McDonald
State Bar No. 24085357
Lauren.McDonald2@tccd.edu
TARRANT COUNTY COLLEGE DISTRICT
1500 Houston Street
Fort Worth, Texas 76102
(817) 515-5137
(817) 515-5150 Fax
ATTORNEYS FOR DEFENDANT
TARRANT COUNTY COLLEGE
DISTRICT
DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 2
CERTIFICATE OF SERVICE
The undersigned hereby acknowledges that a true and correct copy of the above-mentioned
document was E-served on this the 31st ay of August, 2020 on counsel for Plaintiff as follows:
Frank Hill
fhill@hillgilstrap.com
Daniel J. Graves
dgraves@hillgilstrap.com
HILL GILSTRAP, P.C.
1400 West Abram Street
Arlington, Texas 76013
(817) 261-2222
(817) 861-4685 Facsimile
ATTORNEYS FOR PLAINTIFF
/s/Lu Pham .
Lu Pham
DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 3
Exhibit “A”
Case 4:20-cv-00982-O Document 1 Filed 08/31/20 Page 1 of 5 PageID 1
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
JEFF MCDONALD, §
§
Plaintiff §
v. §
§ Civil Action No.___________
TARRANT COUNTY COLLEGE §
DISTRICT, §
§
Defendant. §
DEFENDANT TARRANT COUNTY COLLEGE DISTRICT NOTICE OF REMOVAL
Defendant, Tarrant County College District (“TCCD”), pursuant to 28 U.S.C. §§ 1441-
1448, hereby removes this case to the Fort Worth Division of the United States District Court for
the Northern District of Texas. In support of removal, Defendant states as follows:
I. GENERAL
1. Plaintiff brought an action against Defendant in state court in the 348th District
Court of Tarrant County, Texas, entitled Jeff McDonald v. Tarrant County College District, Case
No. 348-318817-20 (the “Lawsuit”).
2. Removal is effectuated under 28 U.S.C. §§ 1331, 1441-1448, and 29 U.S.C. §
1132(e).
3. Removal to this district is proper under 28 U.S.C. §§ 124(a)(2) and 1441(a).
4. TCCD is a public sector employer engaged in commerce or in an industry or
activity affecting commerce.
5. Plaintiff filed suit against TCCD pursuant to 42 U.S.C. § 1983 for deprivation of
property interests, without procedural due process, in violation of the Fifth and Fourteenth
Amendment to the United States Constitution.
DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 1
Case 4:20-cv-00982-O Document 1 Filed 08/31/20 Page 2 of 5 PageID 2
II. JURISDICTION
A. Federal Question: 42 U.S.C. § 1983.
6. This is a civil action arising under the laws of the United States and the Constitution
of the United States. Plaintiff’s procedural due process claim is governed by 42 U.S.C. § 1983,
which gives the federal court jurisdiction over disputes arising under this Act. Federal jurisdiction
therefore exists under 28 U.S.C. § 1331.
B. Supplemental Jurisdiction
7. Supplemental jurisdiction exists under 28 U.S.C. § 1367.
III. CONSENT TO REMOVAL
8. The records of the 348th District Court of Tarrant County, Texas confirm that one
citation was issued on August 26, 2020.
9. Service of Process has not been effectuated upon TCCD.
10. Consent of any other parties is not necessary because TCCD is the only Defendant
in this case.
IV. PROCESS, PLEADING, ORDERS/TIMELINESS, VENUE
11. This Lawsuit was filed on August 20, 2020.
12. TCCD has not yet been served with service of process but received notice of lawsuit
on August 21, 2020.
13. This notice of removal is therefore timely filed by Defendant under the provisions
of 28 U.S.C. § 1446, and this action is removed under 28 U.S.C. § 1441-1448.
14. As required by 28 U.S.C. § 1446(a), the following documents are attached and filed
herewith:
Exhibit “A”: INDEX OF MATTERS BEING FILED
DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 2
Case 4:20-cv-00982-O Document 1 Filed 08/31/20 Page 3 of 5 PageID 3
Exhibit “B”: STATE COURT FILES, including a true and correct copy of all process,
court docket sheets, pleadings asserting causes of action, answers, and any
orders signed by the state court judge:
B-1: Court Docket
B-2: Plaintiff’s Original Petition
B-3: Citation Issued
B-4: Original Answer
Exhibit “C”: LIST OF COUNSEL OF RECORD, including addresses, telephone
numbers and parties represented.
Exhibit “D”: CERTIFICATE OF INTERESTED PARTIES.
15. As required by 28 U.S.C. § 1446(a) and Rule 81.1 of the Local Rules for the
Northern District of Texas, included in the Index of Documents Filed in State Court and State
Court Docket Sheet filed with this Notice of Removal is a copy of the State Court Record and a
copy of the State Court docket sheet in the Lawsuit.
16. Pursuant to 28 U.S.C. § 1446(d), a copy of the Notice of Removal and written notice
of the filing of this Notice of Removal will be served on counsel of record and will be filed with
the Clerk of the 48th District Court of Tarrant County, Texas.
17. Venue is proper in this district under 28 U.S.C. § 1441 because this district and
division embrace the place where the removed action has been pending.
V. CONCLUSION
18. Plaintiff’s ERISA claim is governed by 29 U.S.C. §§ 1132(a) and (e)(1), which
provides exclusive federal jurisdiction for this cause of action. Plaintiff’s FMLA claim is governed
by 29 U.S.C. § 2617, and Plaintiff’s Rehabilitation Act claim is governed by 29 U.S.C. § 794a,
which both give the federal court jurisdiction over disputes arising under these Acts. Therefore,
this case is removable under 28 U.S.C. § 1441, regardless of the allegations in Plaintiff’s state
DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 3
Case 4:20-cv-00982-O Document 1 Filed 08/31/20 Page 4 of 5 PageID 4
court pleadings. See e.g., Aetna Health, Inc. v. Davila, 542 U.S. 200 (2004); Metro Life Ins. Co.
v. Taylor, 481 U.S. 58, 62-63 (1987).
VI. PRAYER
WHEREFORE, Defendant Child Care Associates prays that this cause proceed in this
Court as a properly removed action.
Respectfully submitted,
By: _/s/Lu Pham_____________
Lu Pham
State Bar No. 15895430
lpham@phamharrison.com
Antonio U. Allen
State Bar No. 24069045
aallen@phamharrison.com
Spencer Mainka
State Bar No. 24116707
smainka@phamharrison.com
PHAM HARRISON, LLP
505 Pecan Street, Suite 200
Fort Worth, Texas 76102
(817) 632-6300
(817) 632-6313 – Fax
Carol Bracken
State Bar No. 20861400
Carol.Bracken@tccd.edu
Lauren H. McDonald
State Bar No. 24085357
Lauren.McDonald2@tccd.edu
TARRANT COUNTY COLLEGE DISTRICT
1500 Houston Street
Fort Worth, Texas 76102
(817) 515-5137
(817) 515-5150 Fax
ATTORNEYS FOR DEFENDANT
TARRANT COUNTY COLLEGE
DISTRICT
DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 4
Case 4:20-cv-00982-O Document 1 Filed 08/31/20 Page 5 of 5 PageID 5
CERTIFICATE OF SERVICE
The undersigned hereby acknowledges that a true and correct copy of the above-mentioned
document was E-served on this the 31st day of August 2020 on counsel for Plaintiff as follows:
Frank Hill
fhill@hillgilstrap.com
Daniel J. Graves
dgraves@hillgilstrap.com
HILL GILSTRAP, P.C.
1400 West Abram Street
Arlington, Texas 76013
(817) 261-2222
(817) 861-4685 Facsimile
ATTORNEYS FOR PLAINTIFF
_/s/Lu Pham______________
Lu Pham
DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 5
Preview
348-318817-20 FILED TARRANT COUNTY 8/31/2020 4:02 PM THOMAS A. WILDER DISTRICT CLERK CAUSE NO. 348-318817-20 JEFF MCDONALD, § IN THE DISTRICT COURT § Plaintiff, § v. § § 348th DISTRICT COURT TARRANT COUNTY COLLEGE § DISTRICT, § § Defendant. § TARRANT COUNTY, TEXAS DEFENDANT TARRANT COUNTY COLLEGE DISTRICT NOTICE OF REMOVAL TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, Tarrant County College District, Defendant in the above-numbered and entitled cause, and files this its Notice of Removal and for same would respectfully show the Court the following: I. Notice is hereby given that on August 31, 2020, Defendant filed a Notice of Removal in the United States District Court for the Northern District of Texas, Fort Worth Division, a copy of which is attached hereto as Exhibit “A.” Accordingly, Defendant respectfully gives notice that the captioned lawsuit previously pending in this Court is removed to the United States District Court for the Northern District of Texas, Fort Worth Division. DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 1 Respectfully submitted, By: /s/Lu Pham . Lu Pham State Bar No. 15895430 lpham@phamharrison.com Antonio U. Allen State Bar No. 24069045 aallen@phamharrison.com Spencer Mainka State Bar No. 24116707 smainka@phamharrison.com PHAM HARRISON, LLP 505 Pecan Street, Suite 200 Fort Worth, Texas 76102 (817) 632-6300 (817) 632-6313 – Fax Carol Bracken State Bar No. 20861400 Carol.Bracken@tccd.edu Lauren H. McDonald State Bar No. 24085357 Lauren.McDonald2@tccd.edu TARRANT COUNTY COLLEGE DISTRICT 1500 Houston Street Fort Worth, Texas 76102 (817) 515-5137 (817) 515-5150 Fax ATTORNEYS FOR DEFENDANT TARRANT COUNTY COLLEGE DISTRICT DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 2 CERTIFICATE OF SERVICE The undersigned hereby acknowledges that a true and correct copy of the above-mentioned document was E-served on this the 31st ay of August, 2020 on counsel for Plaintiff as follows: Frank Hill fhill@hillgilstrap.com Daniel J. Graves dgraves@hillgilstrap.com HILL GILSTRAP, P.C. 1400 West Abram Street Arlington, Texas 76013 (817) 261-2222 (817) 861-4685 Facsimile ATTORNEYS FOR PLAINTIFF /s/Lu Pham . Lu Pham DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 3 Exhibit “A” Case 4:20-cv-00982-O Document 1 Filed 08/31/20 Page 1 of 5 PageID 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION JEFF MCDONALD, § § Plaintiff § v. § § Civil Action No.___________ TARRANT COUNTY COLLEGE § DISTRICT, § § Defendant. § DEFENDANT TARRANT COUNTY COLLEGE DISTRICT NOTICE OF REMOVAL Defendant, Tarrant County College District (“TCCD”), pursuant to 28 U.S.C. §§ 1441- 1448, hereby removes this case to the Fort Worth Division of the United States District Court for the Northern District of Texas. In support of removal, Defendant states as follows: I. GENERAL 1. Plaintiff brought an action against Defendant in state court in the 348th District Court of Tarrant County, Texas, entitled Jeff McDonald v. Tarrant County College District, Case No. 348-318817-20 (the “Lawsuit”). 2. Removal is effectuated under 28 U.S.C. §§ 1331, 1441-1448, and 29 U.S.C. § 1132(e). 3. Removal to this district is proper under 28 U.S.C. §§ 124(a)(2) and 1441(a). 4. TCCD is a public sector employer engaged in commerce or in an industry or activity affecting commerce. 5. Plaintiff filed suit against TCCD pursuant to 42 U.S.C. § 1983 for deprivation of property interests, without procedural due process, in violation of the Fifth and Fourteenth Amendment to the United States Constitution. DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 1 Case 4:20-cv-00982-O Document 1 Filed 08/31/20 Page 2 of 5 PageID 2 II. JURISDICTION A. Federal Question: 42 U.S.C. § 1983. 6. This is a civil action arising under the laws of the United States and the Constitution of the United States. Plaintiff’s procedural due process claim is governed by 42 U.S.C. § 1983, which gives the federal court jurisdiction over disputes arising under this Act. Federal jurisdiction therefore exists under 28 U.S.C. § 1331. B. Supplemental Jurisdiction 7. Supplemental jurisdiction exists under 28 U.S.C. § 1367. III. CONSENT TO REMOVAL 8. The records of the 348th District Court of Tarrant County, Texas confirm that one citation was issued on August 26, 2020. 9. Service of Process has not been effectuated upon TCCD. 10. Consent of any other parties is not necessary because TCCD is the only Defendant in this case. IV. PROCESS, PLEADING, ORDERS/TIMELINESS, VENUE 11. This Lawsuit was filed on August 20, 2020. 12. TCCD has not yet been served with service of process but received notice of lawsuit on August 21, 2020. 13. This notice of removal is therefore timely filed by Defendant under the provisions of 28 U.S.C. § 1446, and this action is removed under 28 U.S.C. § 1441-1448. 14. As required by 28 U.S.C. § 1446(a), the following documents are attached and filed herewith: Exhibit “A”: INDEX OF MATTERS BEING FILED DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 2 Case 4:20-cv-00982-O Document 1 Filed 08/31/20 Page 3 of 5 PageID 3 Exhibit “B”: STATE COURT FILES, including a true and correct copy of all process, court docket sheets, pleadings asserting causes of action, answers, and any orders signed by the state court judge: B-1: Court Docket B-2: Plaintiff’s Original Petition B-3: Citation Issued B-4: Original Answer Exhibit “C”: LIST OF COUNSEL OF RECORD, including addresses, telephone numbers and parties represented. Exhibit “D”: CERTIFICATE OF INTERESTED PARTIES. 15. As required by 28 U.S.C. § 1446(a) and Rule 81.1 of the Local Rules for the Northern District of Texas, included in the Index of Documents Filed in State Court and State Court Docket Sheet filed with this Notice of Removal is a copy of the State Court Record and a copy of the State Court docket sheet in the Lawsuit. 16. Pursuant to 28 U.S.C. § 1446(d), a copy of the Notice of Removal and written notice of the filing of this Notice of Removal will be served on counsel of record and will be filed with the Clerk of the 48th District Court of Tarrant County, Texas. 17. Venue is proper in this district under 28 U.S.C. § 1441 because this district and division embrace the place where the removed action has been pending. V. CONCLUSION 18. Plaintiff’s ERISA claim is governed by 29 U.S.C. §§ 1132(a) and (e)(1), which provides exclusive federal jurisdiction for this cause of action. Plaintiff’s FMLA claim is governed by 29 U.S.C. § 2617, and Plaintiff’s Rehabilitation Act claim is governed by 29 U.S.C. § 794a, which both give the federal court jurisdiction over disputes arising under these Acts. Therefore, this case is removable under 28 U.S.C. § 1441, regardless of the allegations in Plaintiff’s state DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 3 Case 4:20-cv-00982-O Document 1 Filed 08/31/20 Page 4 of 5 PageID 4 court pleadings. See e.g., Aetna Health, Inc. v. Davila, 542 U.S. 200 (2004); Metro Life Ins. Co. v. Taylor, 481 U.S. 58, 62-63 (1987). VI. PRAYER WHEREFORE, Defendant Child Care Associates prays that this cause proceed in this Court as a properly removed action. Respectfully submitted, By: _/s/Lu Pham_____________ Lu Pham State Bar No. 15895430 lpham@phamharrison.com Antonio U. Allen State Bar No. 24069045 aallen@phamharrison.com Spencer Mainka State Bar No. 24116707 smainka@phamharrison.com PHAM HARRISON, LLP 505 Pecan Street, Suite 200 Fort Worth, Texas 76102 (817) 632-6300 (817) 632-6313 – Fax Carol Bracken State Bar No. 20861400 Carol.Bracken@tccd.edu Lauren H. McDonald State Bar No. 24085357 Lauren.McDonald2@tccd.edu TARRANT COUNTY COLLEGE DISTRICT 1500 Houston Street Fort Worth, Texas 76102 (817) 515-5137 (817) 515-5150 Fax ATTORNEYS FOR DEFENDANT TARRANT COUNTY COLLEGE DISTRICT DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 4 Case 4:20-cv-00982-O Document 1 Filed 08/31/20 Page 5 of 5 PageID 5 CERTIFICATE OF SERVICE The undersigned hereby acknowledges that a true and correct copy of the above-mentioned document was E-served on this the 31st day of August 2020 on counsel for Plaintiff as follows: Frank Hill fhill@hillgilstrap.com Daniel J. Graves dgraves@hillgilstrap.com HILL GILSTRAP, P.C. 1400 West Abram Street Arlington, Texas 76013 (817) 261-2222 (817) 861-4685 Facsimile ATTORNEYS FOR PLAINTIFF _/s/Lu Pham______________ Lu Pham DEFENDANT TARRANT COUNTY COLLEGE DISTRICT’S NOTICE OF REMOVAL 5