IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION

Billy R. Kirk and Kirk Oilfield Equipment Sales, Inc., Plaintiffs, v. Michael J. Palmer and Thunder Rose Enterprises, Inc. Defendants.

Civil Action No. _______________

NOTICE OF REMOVAL Defendant Thunder Rose, Enterprises, Inc. (Thunder Rose) notifies the Court and all parties of the removal of this suit from the 24th Judicial District Court of Goliad County, Texas to the United States District Court for the Southern District of Texas, Victoria Division. 1. Plaintiffs Billy R. Kirk and Kirk Oilfield Equipment Sales, Inc. filed Cause

No. 11-09-9789-CV, styled Billy R. Kirk and Kirk Oilfield Equipment Sales v. Michael J. Palmer and Thunder Rose Enterprises, Inc., in the 24th Judicial District Court of Goliad County, Texas (the state court proceeding). Plaintiffs filed their First Amended Petition on November 23, 2011 adding defendant Thunder Rose as a party. 2. 3. Plaintiffs have not demanded a jury trial. Defendant Thunder Rose Enterprises, Inc. was served with the lawsuit on January

13, 2012, less than 30 days prior to the filing of this Notice of Removal. 4. 1441(b). Removal of the state court proceeding to this Court is proper under 28 U.S.C.

DEFENDANTS NOTICE OF REMOVAL

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BASIS FOR REMOVAL 5. The Court has original jurisdiction over the action pursuant to 15 U.S.C. 1051

et seq., in that it is a civil action asserting a cause of action that requires interpretation under the Trademark Act, specifically, challenging the validity of a trademark registration submitted to the United States Patent & Trademark Office. 6. This Court also has original and exclusive jurisdiction over the action under 35

U.S.C. 101, et seq. in that it is a civil action asserting a cause of that requires interpretation under the Patent Act, specifically, plaintiffs accuse defendants of actions that allegedly endangered the patentability of the device at issue in the lawsuit. 7. The Court has supplemental jurisdiction over the claims not based on a federal

question under 28 U.S.C. 1367 because all such claims arise from the same set of operative facts and are part of the same case and controversy that gives rise to the claims over which this Court has original jurisdiction. 8. Accordingly, Defendants may remove this case under 18 U.S.C. 1441 and 28

U.S.C. 1331 and 1367. 9. This Court is appropriate for purposes of removal under 28 U.S.C. 1441(a)

because this district and division embrace the place in which the removed action has been pending. 10. Pursuant to 28 U.S.C. 1446(a) and Southern District Local Rule 81, copies of

all pleadings, process, orders and other filings, including the state court docket sheet, an index of matters being filed and a list of all counsel of record, are attached to this notice as Exhibit A.
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11.

Pursuant to 28 U.S.C. 1446(d), a copy of the written notice addressed to the

adverse parties and the 24th Judicial District Court, Goliad County, Texas is attached hereto as Exhibit B. 12. Pursuant to 28 U.S.C. 1446(b)(2)(A), The sole other defendant in the case,

Michael J. Palmer, joins in and consents to the removal. A copy of Mr. Palmers Consent to Removal is attached hereto as Exhibit C. RELIEF REQUESTED Defendants request that the action be placed on this Courts docket for further proceedings.

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Respectfully submitted,

/Steven C. Lockhart/ Steven C. Lockhart State Bar No. 24036981 slockhart@gardere.com Thomas C. Wright State Bar No. 24028146 twright@gardere.com GARDERE WYNNE SEWELL LLP 1601 Elm Street, Suite 3000 Dallas, Texas 75201-4761 (214) 999-3000 (214) 999-4667 fax Attorneys for Michael J. Palmer and Thunder Rose Enterprises, Inc.

CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document has been forwarded by facsimile on this 10th day of February, 2012 to following: Lee J. Lewis Hatley & Lewis, LLP 114 N. Main Street Victoria, Texas Fax: (361) 578-2801 /Steven C. Lockhart/ Steven C. Lockhart

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