Notice of Removal 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
CHRISTOPHER BRAUGHTON,
Plaintiff

v. Civil Action No. ______________
(Jury Demanded)
SSGT. JESSICA CAVENDER, USMC
Defendant


DEFENDANTS NOTICE OF REMOVAL
1. Plaintiff is Christopher Ernest Braughton,
1
a citizen of the State of Texas. His address is 23734
Greenlanding Oak Ct., Spring, Texas 77373.
2. Defendant is SSgt. Jessica Cavender, USMC, a citizen of the State of Colorado. The USMC recognizes
her permanent legal address as 423 South Elm Street, Yuma, Colorado 80759. SSgt. Cavender is
currently assigned to duty in Houston, Texas, and during this assignment she temporarily resides in
Houston, Texas. Her DOD ID number is 1263716791.
3. On April 27, 2014, plaintiff sued defendant in Cause No. 2014-23454 in the 269
th
Judicial District Court,
Harris County, Texas.
4. Plaintiffs state court suit failed to state a cause of action upon which relief can be granted. Without
providing factual explanation or even a date of occurrence, plaintiff merely alleged that he was damaged
as a result of the actions of defendant and defendant was negligent.
2
From what defendant can
determine from plaintiffs original complaint (petition), in the most general of terms, this is a suit based
on alleged negligence.

1
Plaintiffs name is misspelled in plaintiffs original petition. The correct spelling of plaintiffs full name is
Christopher Ernest Braughton.
2
See paragraphs 12 and 13 of plaintiff original petition filed in state court.
Case 4:14-cv-01345 Document 1 Filed in TXSD on 05/15/14 Page 1 of 3
5/15/2014 2:50:50 PM
Chris Daniel - District Clerk
Harris County
Envelope No: 1276913
By: ROBICHEAUX, PAMELA G
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Notice of Removal 2 of 3

5. Defendant was served with plaintiffs original petition on May 9, 2014. Defendant files this notice of
removal within the 30-day time period required by 28 U.S.C. 1446(b)(1). SSgt. Cavender is the only
defendant in this suit.
6. Removal is proper because there is complete diversity between the parties. Defendant is a citizen of the
State of Colorado. Plaintiff is a citizen of the State of Texas. Additionally, the amount in controversy
exceeds $75,000. According to plaintiffs original petition, he has sued SSgt. Cavender for monetary
relief over $200,000, but not more than $1,000,000.
7. Copies of all pleadings (plaintiffs original petition - Exhibit A), process (citation and return of service
Exhibit B), orders (none), and other filings (defendants motion to transfer venue Exhibit C) in the state
court suit are attached to this notice as required by 28 U.S.C. 1446(a).
8. Venue is proper in this district under 28 U.S.C. 1441(a) because the state court where the suit has been
pending is located in this district.
9. Defendant will promptly file a copy of this notice of removal with the clerk of the state court where the
suit has been pending.
JURY DEMAND
10. While plaintiff demanded a jury in the state court suit, he has not paid the requisite state court jury fee.
11. Defendant demands trial by jury.
CONCLUSION
12. This suit is removable because complete diversity of citizenship exists between plaintiff and defendant,
and because the amount in controversy exceeds $75,000.

CERTIFICATE OF SERVICE AND ATTORNEYS SIGNATURE

On May 15, 2014, an exact copy of this document was forwarded to plaintiffs counsel
3
by
regular U.S. mail, return receipt requested.



3
Attorney for plaintiff: Mark Sandoval (Tx. Bar # 17624500), mtsattytx@aol.com, M. T. Sandoval & Associates,
P. O. Box 1187, Houston, Texas 77251; telephone 713-654-1050.
Case 4:14-cv-01345 Document 1 Filed in TXSD on 05/15/14 Page 2 of 3
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Notice of Removal 3 of 3

ATTORNEYS FOR DEFENDANT By:
THE WOMBLE LAW FIRM WILL WOMBLE (Tx. Bar # 24058184)*
1814 Memorial Drive will@womco.com
Houston, Texas 77007 W. T. WOMBLE (Tx. Bar # 21881000)
713-650-6000; 713-650-1932 (fax) wt@womco.com
Case 4:14-cv-01345 Document 1 Filed in TXSD on 05/15/14 Page 3 of 3
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