COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAX 

UNITED STATED DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 

BERLINDA GOOD,

Plaintiff,

v.

LE JARDIN COMMUNITY CENTER, INC., a 

Florida Not for Profit Corporation,

Defendant.

__________________________________/

DEFENDANT’S NOTICE OF REMOVAL

Defendant, LE JARDIN COMMUNITY CENTER, INC., a Florida Not for Profit 

Corporation by and through its undersigned counsel, and pursuant to 28 U.S.C. §§ 1331, 1367, 

1441, 1446 and Local Rule 4.02, hereby files this Notice of Removal and states as follows:

1. On March 6, 2020, Plaintiff filed the above-styled action in the Circuit Court of the 

Eleventh Judicial Circuit in and for Miami-Dade County, Florida as Case Number 2020-

005456-CA-01.

2. Plaintiff’s claims arise from allegations of breach of contract and unpaid wages under the 

Fair Labor Standards Act, 29 U.S.C. §§ 201 - 219 (“FLSA”) as well as allegations of 

unlawful, retaliatory discharge pursuant to Florida’s private sector Whistleblower’s Act, 

Fla. Stat. §448.102 (“FWA”).

Case 1:20-cv-21937-KMM Document 1 Entered on FLSD Docket 05/08/2020 Page 1 of 3
CASE NO.: 

2

COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAX 

3. Defendant provides this notice of removing the action from the Eleventh Judicial Circuit of

Florida to this Court. Removal is proper under 28 U.S.C. § 1441(a) because the Court

has federal question jurisdiction.

4. Defendant was served with a Summons and the Complaint on April 27, 2020. 

Federal Question Jurisdiction

5. Pursuant to 28 U.S.C. § 1331, “district courts shall have original jurisdiction of all civil 

actions arising under the Constitution, laws, or treaties of the United States.” A defendant 

may remove any “civil action brought in a State court of which the district courts of the 

United States have original jurisdiction.” 28 U.S.C. § 1441(a). 

6. Plaintiff’s Complaint charges defendant with three counts of violating FLSA 29 U.S.C. § 

201 – et seq. The Court has original jurisdiction over these federal claims, allowing for 

removal of the action. The last and remaining count in the Complaint alleges retaliation in 

violation of FWA. 

Venue

7. Venue is proper in the Miami Division of the Southern District of Florida. 

Attachment of State-Court Filings

8. In accordance with 28 U.S.C. § 1446(a), attached to this motion as Exhibit A are true and 

correct copies of all process and pleadings that have been filed in the state court to date.

9. There are no motions or oppositions currently pending in the state court and therefore

no copies to attach as otherwise required by Southern District, Fla. Local Rule 7.2.

10. In removing this action, Defendants do not waive any available defenses or admit any of 

the Complaint’s allegations.

Case 1:20-cv-21937-KMM Document 1 Entered on FLSD Docket 05/08/2020 Page 2 of 3
CASE NO.: 

3

COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAX 

Respectfully submitted, this 8th day of May, 2020.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 8th day of May, 2020, a true and correct copy of the 

foregoing has been furnished by electronic filing with the Clerk of the court via CM/ECF, which 

will send notice of electronic filing to all counsel of record.

COLE, SCOTT & KISSANE, P.A.

Counsel for Defendant LE JARDIN COMMUNITY 

CENTER, INC., a Florida Not for Profit Corporation

Cole, Scott & Kissane Building

9150 South Dadeland Boulevard, Suite 1400

P.O. Box 569015

Miami, Florida 33256

Telephone (786) 268-6788

Facsimile (305) 373-2294

Primary e-mail: daryl.greenberg@csklegal.com

Primary e-mail: frances.allegra@csklegal.com

Secondary e-mail: magaly.triana@csklegal.com

By: s/ Daryl A. Greenberg

DARYL A. GREENBERG

Florida Bar No.: 90904

FRANCES P. ALLEGRA

Florida Bar No.: 881368

0439.0749-00/18568616

Case 1:20-cv-21937-KMM Document 1 Entered on FLSD Docket 05/08/2020 Page 3 of 3