Victory Park Suit

8/4/2019 Victory Park Suit

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DEFENDANTS NOTICE OF REMOVAL- Page 1 of 5166571710109.002

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

VICTORY PARK UST JOINT

VENTURE I, L.P.,

Plaintiff,

v. C.A. No.

RED DEVELOPMENT, LLC,

RED DALLAS VICTORY, LLC and

DAN LOWE,

Defendants.

DEFENDANTS NOTICE OF REMOVAL

Pursuant to 28 U.S.C. 1441(a), 28 U.S.C. 1446 and 28 U.S.C. 1332, defendants RED

Development, LLC (RED Development), RED Dallas Victory, LLC (RED Dallas) and Dan

Lowe (Lowe) (collectively referred to herein as Defendants), by and through their attorneys,

file their Notice of Removal of the above-captioned action, currently pending in the District

Court of Dallas County, Texas, Case No. DC-11-11038-I, to the United States District Court for

the Northern District of Texas.

STATEMENT OF THE CASE

1. Plaintiff Victory Park UST Joint Venture I, L.P. (Plaintiff) and defendant REDDallas entered into a Contribution and Purchase and Sale Agreement (the Contribution

Agreement) on or about July 20, 2010 relating to the development of certain commercial

property located near the American Airlines Center in Dallas, Texas.

Case 3:11-cv-02620-N Document 1 Filed 10/04/11 Page 1 of 5 PageID 1


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2. Plaintiff asserts a claim of fraud against Defendants and a claim for breach ofcontract against defendant RED Dallas for alleged misrepresentations made by Defendants that

purportedly induced Plaintiff into entering into the Contribution Agreement and the First

Amendment to the Contribution Agreement and that allegedly breaches of the contract between

Plaintiff and RED Dallas. Plaintiff seeks damages in excess of $75,000.

REMOVAL BASED ON DIVERSITY JURISDICTION

3. Defendant RED Development is a Missouri limited liability company with itsprincipal place of business in Kansas City, Missouri. The members of RED Development are

citizens of Missouri, Kansas, Arizona and Texas.

4. Defendant RED Dallas is a Delaware limited liability company with its principalplace of business in Kansas City, Missouri. The members of RED Dallas are citizens of

Missouri, Kansas and Arizona.

5. Defendant Lowe is an individual residing in Prairie Village, Kansas.6. Plaintiff is a limited partnership organized under the laws of the state of

Delaware. The general partners of plaintiff are Florida citizens. Upon information and belief,

the limited partners of Plaintiff are citizens of Florida or Germany.

7. Based on the above and foregoing, complete diversity of citizenship existsbetween Plaintiff and Defendants.

8. This action is one in which the United States District Courts are given originaljurisdiction under 28 U.S.C. 1332 (a)(1) in that:

a. Plaintiff and Defendants are citizens of different states; andb. The matter in controversy exceeds the sum or value of $75,000.00 exclusive

of interest and costs, which is facially apparent from the Petition.



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TIMELINESS OF REMOVAL

9. Plaintiffs Petition was filed on August 31, 2011 in the District Court of DallasCounty, Texas. Plaintiffs Petition fails to assert the residence or citizenship of its general and

limited partners.

10. Defendant RED Development was served on September 12, 2011.11. Defendant RED Dallas was served on September 12, 2011.12. Defendant Lowe was served on September 12, 2011.13. Thirty days have not yet expired since Defendants received the initial pleading in

this action. Accordingly, this notice of removal is timely filed pursuant to 28 U.S.C.

1446.

ALL DEFENDANTS CONSENT TO REMOVAL

14. All Defendants have been served, are represented by the undersigned and jointlyfile this Notice of Removal.

ATTACHMENT OF REQUIRED DOCUMENTS

15. The following documents are attached as Exhibits in compliance with Local Rule81.1:

Exhibit A: Civil Cover Sheet

Exhibit B: Supplemental Cover Sheet

Exhibit C: Index of State Court Documents

Exhibit D: State Court Docket Sheet

Exhibit E: State Court Documents: Petition, Civil Case Information Sheet, Notice ofIntent Dismissal, and Defendants Original Answer to Plaintiffs OriginalPetition and Special Exceptions



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NOTICE OF FILING REMOVAL GIVEN TO STATE COURT

16. Upon filing this Notice of Removal, Defendants will file a Notice of Filing Noticeof Removal with the Clerk of the District Court of Dallas County, Texas, 162ND Judicial District,

Case No. DC-11-11038-I and provide notice pursuant to 28 U.S.C. 1446(d) this same date.

WHEREFORE, Defendants hereby give notice of the removal of this action now

pending in the District Court of Dallas County, Texas, captioned Victory Park UST Joint Venture

I, L.P. v. RED Development, LLC, RED Dallas Victory, LLC, and Dan Lowe, Case No. DC-11-

11038-I, to the United States District Court for the Northern District of Texas. Defendants

respectfully request that further proceedings in the state court action be discontinued, and that

this Court assume full jurisdiction over this action as provided by law.

Respectfully submitted, this October 4, 2011

THOMPSON COE COUSINS & IRONS

By: /s/ Shawn PhelanShawn W. PhelanTX State Bar No. 00784758

Plaza of the Americas700 N. Pearl Street, Twenty-fifth FloorDallas, Texas 75201-2832Telephone: (214) 871-8200Telecopy: (214) 871-8209E-mail: [email protected]

AND

mailto:[email protected]:[email protected]


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NORRIS & KEPLINGER, L.L.C.

By: s/Michael G. Norris _____Michael G. NorrisKS #07247pro hac vice [email protected],Eric S. PlayterKS #23027pro hac vice [email protected]

6800 College Blvd., Suite 630Overland Park, KS 66211(913) 663-2000(913) 663-2006 (Fax)

ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE

On October 4, 2011, I electronically submitted the foregoing document to the Clerk of the

Court for the U.S. District Court, Northern District of Texas, using the electronic case filing

system. I hereby certify that I have served the following counsel of record this date via U.S.

mail:

Mr. Craig A. AlbertMs. Sarah J. ShadonixCherry Petersen Landry Albert, LLP8350 North Central Expressway, Suite 800Dallas, Texas 75206(214) 265-7007(214) 265-7008 (Fax)Attorneys for Plaintiff

/s/Shawn W. Phelan________________________Shawn Phelan

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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