UNITED STATES DISTRICT COURT FOR THE SOUTHERN … · Brandie Strickland and Martin Strickland are...

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

BROWNSVILLE DIVISION

BRANDIE STRICKLAND & MARTIN STRICKLAND, Individually and as Personal Representatives of the Estate of DAWN MARIE STRICKLAND Decedent

Plaintiff, v. SONNY’S BEACH SERVICE, INC.

Defendant.

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Civil Action No. 1:15-cv-00153 Rule 9(h)

NOTICE OF REMOVAL

Defendant Sonny’s Beach Service, Inc., (“Defendant”) hereby gives notice of removal of

the above-entitled action from the 138th Judicial District Court of Cameron County, Texas, to the

United States District Court for the Southern District of Texas, Brownsville Division, pursuant to

28 U.S.C. §§ 1333, 1441 and 1446. In support thereof, Defendant respectfully shows as follows:

I. INTRODUCTION

1. On or about August 14, 2015, Plaintiffs Brandie Strickland and Martin Strickland,

Individually and as Personal Representatives of the Estate of Dawn Marie Strickland, Decedent

(“Plaintiffs”) filed their Plaintiffs’ Original Petition and Application for Temporary Restraining

Order, assigned Cause No. 2015-DCL-05084, against Defendant in the 138th Judicial District Court

of Cameron County, Texas. Brandie Strickland and Martin Strickland are alleged to be the adult

surviving children of Dawn Marie Strickland, deceased. A copy of the state court’s file, to the

extent currently available to Defendant, is attached as Exhibit A; this will be supplemented when

Case 1:15-cv-00153 Document 1 Filed in TXSD on 08/21/15 of 6

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Defendant’s counsel receives the entire file from the Cameron County District Clerk. Plaintiffs

allege that Defendant is liable to them as a result of the death of their mother, Dawn Marie

Strickland. Plaintiffs allege that on August 8, 2015, Dawn Marie Strickland was parasailing behind

a marine vessel, using equipment which was “owned and operated” by Defendant. Plaintiffs

contend that the “equipment malfunctioned” and that as a consequence, Ms. Strickland fell to her

death. Plaintiffs allege that Ms. Strickland died as a result of the injuries she sustained in the fall.

Plaintiffs allege that Defendant was negligent and grossly negligent.

2. The incident in question occurred on and over navigable waters of the United States

and the character of the activity giving rise to the incident shows a substantial relationship to

traditional maritime activity. The parasail was attached to and being towed by a marine vessel upon

navigable waters of the United States. Sonny’s Beach Service, Inc., is licensed by the United States

Coast Guard. In the wake of this incident, the United States Coast Guard confiscated the

parasailing equipment in question, and the United States Coast Guard continues to maintain

possession of that equipment. The United States Coast Guard has advised the Defendant and the

general public that it is responsible for the investigation into Ms. Strickland’s death due to the

location of the accident on navigable waters within its jurisdiction.

II. TIMELINESS OF REMOVAL

3. Defendant has not yet been served with this lawsuit. Defendant is therefore filing

this notice of removal within the 30-day time period as required by 28 U.S.C. §1446(b). See Bd. of

Regents of Univ. of Tex. Sys. v. Nippon Tel. & Tel. Corp., 478 F.3d 274, 278 (5th Cir. 2007).


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III. BASIS FOR REMOVAL

4. Removal is proper because Plaintiffs’ lawsuit involves maritime and admiralty

questions. Accordingly jurisdiction in this Court is proper pursuant to 28 U.S.C. § 1333.

Specifically, and as noted, Plaintiffs’ claim arises under the laws of admiralty. The vessel

involved in the incident was on navigable waters when the incident occurred, and the injury itself

occurred on navigable waters. As well, the incident occurred during the course of a traditional

maritime activity that potentially affects maritime commerce. Foremost Insurance Company vs.

Richardson, 457 U.S. 668 (1982). Finally, the vessel was licensed by the United States Coast

Guard and was being operated by a licensed marine Captain.

IV. CONSENT

5. All Defendants join in or consent to the removal of this case to federal court. 28

U.S.C. §1446(b)(2)(A).

V. NOTICE

6. Pursuant to 28 U.S.C. § 1446(d), prompt written notice of the filing of this Notice

of Removal is being given to all parties, and a true and correct copy of the Notice of Removal is

being filed with the Cameron County District Clerk.

VI. COMPLIANCE WITH 28 U.S.C. § 1446(a)

7. Pursuant to 28 U.S.C. § 1446(a) and Local Rule 81 for the United States District

Court for the Southern District of Texas, the following items are attached to this Notice of

Removal: the state court file documents are attached as Exhibit A to the extent currently


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available to Defendant1, and the information required under Local Rule 81(6) is attached as

Exhibit B.

II. VENUE

8. Venue for removal is proper in this district pursuant to 28 U.S.C. 1446(a) because

the state court in which this action has been pending is located in this district and division.

VIII. CONCLUSION AND PRAYER

9. All of the prerequisites for removal are satisfied, and removal is proper pursuant

to 28 U.S.C. §§ 1333, 1441(a), and 1446. Defendant Sonny’s Beach Service, Inc., respectfully

requests that this Court remove this lawsuit to the Southern District of Texas, Brownsville

Division and for any other and further relief to which Defendant Sonny’s Beach Service, Inc.,

may be justly entitled.

Respectfully submitted, BINGHAM, MANN & HOUSE

By: /s/ Bradley M. Bingham

BRADLEY M. BINGHAM Attorney-in-Charge State Bar No. 02322400 S.D. Tex. Bar No. 838 4500 Yoakum Boulevard Houston, TX 77006 Telephone: (713) 357-9870 Fax: (713) 559-3060 [email protected]

1 As previously noted, Defendant has requested a complete copy of the file from the Cameron County District Clerk and will supplement the file accordingly when these documents are received.


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OF COUNSEL: BINGHAM, MANN & HOUSE

JENNIFER L. HOUSE State Bar No. 16519200 S.D. Tex. Bar No. 57338 4500 Yoakum Boulevard Houston, TX 77006 Telephone: 713-357-9860 Fax: 713-559-3014 [email protected]

ATTORNEYS FOR DEFENDANT


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