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GORDON REES SCULLY MANSUKHANI

100 SE Second Street ▪ Suite 3900 ▪ Miami, FL 33131 

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. ___________________

CARLOS NAVAS,

Plaintiff,

vs.

MEDALLION HOTEL CORPORATION,

Defendant.

______________________________________/

DEFENDANT’S NOTICE OF REMOVAL

As provided by 28 U.S.C. §1441 et seq., Defendant, MEDALLION HOTEL 

CORPORATION, (“Defendant”) hereby files this Notice of Removal of the above-styled 

action from the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, 

Florida, where the action is now pending under Case Number CACE-20006113 to the United 

States District Court for the Southern District of Florida. In connection with this Notice of 

Removal, Defendant states:

1. The above-styled action was commenced by Plaintiff, CARLOS NAVAS

(“Plaintiff”), in the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward

County, Florida, by the filing of a Complaint. See Exhibit A.

2. The action, which is of a civil nature, involves a single claim by Plaintiff under 

the Fair Labor Standards Act, 29 US.C. 201 et seq., (“FLSA”), arising from Plaintiff’s 

employment with Defendant. 

3. The Court has federal question jurisdiction over this matter pursuant to 28 

U.S.C. §§1331 and 1441(a), since Plaintiff is alleging violations of a federal statute – the 

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GORDON REES SCULLY MANSUKHANI

100 SE Second Street ▪ Suite 3900 ▪ Miami, FL 33131 

FLSA.

4. Defendant was served with Plaintiff’s Complaint on April 9, 2020. Thus, this 

Notice of Removal is timely, since 28 U.S.C. 1446(b) grants parties thirty (30) days to remove 

an action to Federal Court “after receipt . . . of a copy of the initial pleading . . . or within 

thirty days after the service of summons upon the defendant if such initial pleading has been 

filed in court and is not required to be served on the defendant, whichever period is shorter.” 

See 28 U.S.C. 1446(b).

5. To date, the only pleading which Defendant has received is the Complaint, a 

copy of which is attached as Exhibit A.

6. Given that the above-styled state court action is pending in the Circuit Court of 

the Seventeenth Judicial Circuit, in and for Broward County, Florida, this case is removable to

the United States District Court for the Southern District of Florida. See 28 U.S.C. § 1441(a).

7. Defendant will give written notice of the filing of this Notice of Removal, as 

required by 28 U.S.C. §1446(d).

MEMORANDUM OF LAW

A. The United States District Court Has Jurisdiction Over this Matter

A state court action may be removed to a United States District Court where “the 

district courts of the United States have original jurisdiction[.]” 28 U.S.C. §1441(a). In the 

instant case, original jurisdiction is available under 28 U.S.C. §1331, which provides, “The 

district courts shall have original jurisdiction of all civil actions arising under the Constitution, 

laws, or treaties of the United States.”

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GORDON REES SCULLY MANSUKHANI

100 SE Second Street ▪ Suite 3900 ▪ Miami, FL 33131 

This civil action purports to arise under federal law, since Plaintiff alleges that 

Defendant violated the FLSA. Thus, the Court has jurisdiction over this matter. 

B. Defendant Has Complied With the Procedure for Removal

The procedure governing removal of actions first filed in state court is governed by 28 

U.S.C. §1446. Section 1446 provides that any defendant desiring to remove a civil action 

from state court must file a notice of removal, which contains:

a short plain statement of the grounds for removal, together with 

a copy of all process, pleadings and orders served upon such 

defendant in such action.

See 28 U.S.C. §1446. Furthermore, any notice of removal must be filed within thirty (30) 

days after receipt of the initial pleading. See 28 U.S.C. §1446.

Paragraphs 1 through 7 above set forth the grounds on which removal is sought, 

specifically citing the federal statutes upon which original jurisdiction is premised (under 28 

U.S.C. § 1331) and the factual support for that jurisdiction. Accordingly, Defendant has

complied with the terms of 28 U.S.C. §1446 which dictate that a short plain statement of the 

grounds for removal accompany any notice of removal. In addition, this notice has annexed 

to it all process, pleadings and other papers that have been served on Defendant in compliance 

with 28 U.S.C. §1446. 

C. Conclusion

Defendant has complied with the procedural requirements of 28 U.S.C. §1446, the 

Federal Rules of Civil Procedure, and the Local Rules of the Southern District of Florida 

which govern removal from state court, and this Court has original jurisdiction over this 

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GORDON REES SCULLY MANSUKHANI

100 SE Second Street ▪ Suite 3900 ▪ Miami, FL 33131 

matter. Accordingly, Defendant respectfully requests that the United States District Court for 

the Southern District of Florida take jurisdiction over this action. 

WHEREFORE, Defendant, MEDALLION HOTEL CORPORATION, hereby gives

notice that the state court action pending in the Circuit Court of the Seventeenth Judicial 

Circuit, in and for Broward County, Florida, under Case No. 2019-028736-CA-01, is removed 

to the United States District Court for the Southern District of Florida.

Respectfully submitted this 8

th day of May 2020.

 s/ Robin Taylor Symons

Robin Taylor Symons, Esq.

Florida Bar No. 35683

rsymons@grsm.com

Jocelyn Ramos, Esq. 

Florida Bar No. 1011087

jramos@grsm.com

GORDON & REES 

SCULLY MANSUKHANI

100 SE Second Street, Suite 3900

Miami, Florida 33131

Telephone: 305-428-5322

Facsimile: 877-644-6209

Counsel for Defendant 

Medallion Hotel Corporation

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GORDON REES SCULLY MANSUKHANI

100 SE Second Street ▪ Suite 3900 ▪ Miami, FL 33131 

CERTIFICATE OF SERVICE

I hereby certify that on May 8, 2020, I filed the foregoing document with the Clerk of 

the Court using CM/ECF, and that a true and correct copy of the foregoing document was 

served this day on all counsel of record identified on the following Service List by electronic 

mail. 

 s/ Robin Taylor Symons

Robin Taylor Symons, Esq.

Service List

Bayardo E. Aleman, Esq. 

Florida Bar No. 28791

bayardo@pba-law.com

J. Freddy Perera, Esq.

Florida Bar No. 93625

freddy@pba-law.com

Stepanka Hofmanova, Esq.

Florida Bar No. 1018839

stepanka@pba-law.com

PERERA BARNHART ALEMAN

12401 Orange Drive, Ste 123

Davie, Florida 33330

Telephone: 786-485-5232

Counsel for Plaintiff

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