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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
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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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