IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. ______________________

HAZEL THOMPSON BRYANT,

Plaintiff,

v.

AMERICAN SECURITY INSURANCE 

COMPANY and SELECT PORTFOLIO 

SERVICING, INC.,

Defendants.

)

)

)

)

) 

) 

) 

) 

)

)

)

)

/

NOTICE OF REMOVAL

Defendant American Security Insurance Company (“ASIC”), through its undersigned 

attorneys, and pursuant to 28 U.S.C. §§1446 and 1332, hereby files this Notice of Removal and 

thereby removes to the United States District Court an action which is pending in the Circuit 

Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, Case No. 

2020-008305-CA-01 (27). The facts and legal authority supporting this Notice of Removal 

are as follows:

A. Factual Predicate

1. On or about April 13, 2020, Plaintiff Hazel Thompson Bryant (“Plaintiff) filed 

this lawsuit in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, 

Florida, Civil Case No. 2020-008305-CA-01 (27). Plaintiff has asserted a cause of action 

against ASIC for alleged breach of contract concerning the underpayment of a claim under a 

policy of property insurance.

Case 1:20-cv-21906-XXXX Document 1 Entered on FLSD Docket 05/06/2020 Page 1 of 5
2

2. On April 17, 2020, Plaintiff effectuated service of process on ASIC. Pursuant 

to 28 U.S.C. § 1446(a), a true and correct copy of all process and pleadings served as of this 

date is attached as Composite Exhibit “1.”

B. Diversity Jurisdiction Exists

3. ASIC is a Delaware corporation with its principal place of business located at 

260 Interstate North Cir., SE, Atlanta, Georgia, 30339. See printout from Florida Department 

of State, Division of Corporations’ website, a true and correct copy of which is attached 

hereto as Exhibit “2.” See also Licari v. Am. Sec. Ins. Co., Case No. 8:12–cv– 2853–T–

33EAJ, 2013 WL 268688 at *3 (M.D. Fla. Jan. 24, 2013) (finding ASIC’s principal place of 

business as Georgia).

4. Defendant Select Portfolio Servicing, Inc. is a Utah corporation with its 

principal place of business located at 3217 S. Decker Lake Drive, Salt Lake City, Utah, 

84119. See printout from Utah Division of Corporations and Commercial Code’s website, a 

true and correct copy of which is attached hereto as Exhibit “3.”

5. Plaintiff is a citizen of and is domiciled in Florida. At all times material herto, 

Plaintiff owned and resided at the property located at 18432 N.W. 23 Avenue, Miami 

Gardens, Florida 33056, and was domiciled in Florida. See Compl. ¶ 2. 

6. The Complaint at issue specifies that Plaintiff seeks damages in excess of 

$77,000.00 in this action.

7. Based on the foregoing, the amount in controversy exceeds $75,000.00 and 

the jurisdictional requirements of 28 U.S.C. §1332 have been met. 

8. ASIC has sought removal “within 30 days after the receipt by the defendant, 

through service or otherwise, of a copy of an amended pleading, motion, order or other 

Case 1:20-cv-21906-XXXX Document 1 Entered on FLSD Docket 05/06/2020 Page 2 of 5
3

paper from which it may first be ascertained that the case is one which is or has become 

removable.” 28 U.S.C. § 1446(b)(3). Therefore, removal is timely.

9. Venue is proper in the United States District Court for the Southern District of 

Florida because the case is being removed from the Circuit Court of the Eleventh Judicial 

Circuit in and for Miami-Dade County, Florida.

10. Nothing in this Notice of Removal shall be interpreted as a waiver or 

relinquishment of any of ASIC’s rights to assert any defenses or affirmative claims, including a 

counterclaim.

C. Procedural Compliance

10. In accordance with 28 U.S.C. § 1446(a), copies of all process, 

pleadings, and orders filed in this matter in the Circuit Court of the Eleventh Judicial 

Circuit, in and for Miami-Dade County, Florida, that were served upon ASIC are 

attached as Composite Exhibit “1.”

11. In accordance with 28 U.S.C. § 1446(d), contemporaneously with the 

filing of this Notice of Removal, ASIC has served Plaintiffs with a copy of this 

Notice of Removal and has filed a Notice of Filing of Notice of Removal with the 

Clerk of the Court for the Eleventh Judicial Circuit in Miami-Dade County, Florida. 

A copy of the Notice of Filing Notice of Removal (without attachments) is attached 

hereto as Exhibit “4.”

Case 1:20-cv-21906-XXXX Document 1 Entered on FLSD Docket 05/06/2020 Page 3 of 5
4

WHEREFORE, Defendant American Security Insurance Company respectfully 

requests that the action now pending in the Circuit Court of the Eleventh Judicial Circuit in 

and for Miami-Dade County, Florida, Case No. 2020-008305-CA-01 (27), be removed to this 

Honorable Court.

Dated: May 6, 2020 Respectfully submitted,

By: 

 /s/ Evan M. Holober 

DANIEL H. PEREZ

Florida Bar No. 106141

EVAN M. HOLOBER

Florida Bar No. 1012320

WARGO & FRENCH, LLP

Attorneys for Defendant American 

Security Insurance Company

201 S. Biscayne Boulevard

Suite 1000 - 10th Floor

Miami, Florida 33131

Telephone: (305) 777-6000

Facsimile: (305) 777-6001

Email: eholober@wargofrench.com

FLService1@wargofrench.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served by 

transmission of Notices of Electronic Filing generated by CM/ECF on May 6, 2020, on all 

counsel or parties of record on the Service List below. 

 /s/ Evan M. Holober

 EVAN M. HOLOBER

Case 1:20-cv-21906-XXXX Document 1 Entered on FLSD Docket 05/06/2020 Page 4 of 5
5

SERVICE LIST

Maxwell S. Barnard, Esq. 

Watson, Espinel, Barnard, PLLC

9655 S. Dixie Highway, Suite 200

Miami, Florida 33156

Email: ME@weblawfl.com

LS@weblawfl.com

Counsel for Plaintiff

Case 1:20-cv-21906-XXXX Document 1 Entered on FLSD Docket 05/06/2020 Page 5 of 5