096087-1 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. ______________ 

ROLANDO REYES, 

 Plaintiff, 

vs. 

HOLIDAY CVS, L.L.C., 

 Defendant. 

________________________/ 

DEFENDANT’S, HOLIDAY CVS, L.L.C., NOTICE OF REMOVAL 

Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, Defendant, Holiday CVS, L.L.C. 

(hereinafter, “CVS”), hereby removes the above-styled action from the Eleventh Judicial Circuit 

for Miami-Dade County, to the United District Court for the Southern District of Florida on the 

basis of diversity jurisdiction. In support of removal, the Defendant states as follows: 

1. CVS is the sole Defendant in a civil action brought against it in the Eleventh 

Judicial Circuit for Miami-Dade County, Florida, styled Rolando Reyes vs. Holiday CVS, L.L.C., 

Case No. 2020-006397-CA-01. A true and correct copy of all process and pleadings served upon 

CVS are attached hereto as Composite Exhibit “1” in compliance with 28 U.S.C. § 1447(b). 

2. This action involves the Plaintiff’s alleged personal injuries sustained as a result 

of an alleged incident at the CVS store located at 650 NW 27th Avenue in Miami, Florida 33125 

on May 3, 2018. See generally Plaintiff’s Complaint, attached hereto as part of Composite Ex.1. 

3. On or about April 28, 2020, the Plaintiff served Holiday CVS, L.L.C. See 

Affidavit of Service of Process, dated April 28, 2020, attached hereto as part of Composite Ex. 1. 

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CASE NO. _______________ 

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4. Defendant, CVS, filed this Notice of Removal within thirty (30) days after being 

served with Plaintiff’s Complaint on April 28, 2020. Accordingly, this Notice of Removal is 

timely filed. See 28 U.S.C. § 1446(b). No further state court proceedings in this litigation have 

taken place as of the date of this Notice of Removal. 

5. The amount in controversy in this case exceeds $750,000.00. Although the 

Complaint sets forth the minimal jurisdictional allegations necessary to invoke the jurisdiction of 

the state circuit court, the Plaintiff issued a presuit demand for $750,000.00 in damages, which 

demonstrates that the amount in controversy exceeds the amount necessary to invoke the 

jurisdiction of the District Court. See Plaintiff’s Demand Letter, dated January 8, 2019, attached 

hereto as Exhibit “2”. Therefore, Defendant has met its burden in establishing the amount in 

controversy requirement. See Archer v. Kelly, 271 F. Supp. 2d 1320, 1322 (N.D. Okla. 2003) 

(holding the plaintiff's demand letter alleging damages of $1,325,000 was sufficient to establish 

that plaintiff's claim exceeded amount in controversy requirement necessary to exercise diversity 

jurisdiction); Molina v. Wal-Mart Stores Tx., 535 F. Supp. 2d 805, 806 (W.D. Tex. 2008) 

(holding customer's pre-suit demand letter alleging damages of $100,000, was sufficient to 

establish an amount in controversy exceeding $75,000); see also Scott v. Home Depot U.S.A., 

Inc., No. 11-62426-CIV, 2012 WL 86986, *2 (Fla. S.D. Jan. 11, 2012) (stating “a defendant may 

introduce its own affidavits, declarations or other documentation” to meet its burden to show that 

the amount in controversy exceeds $75,000). 

6. The Plaintiff, Rolando Reyes, is a resident of the state of Florida. See Redacted 

Medical Record of Plaintiff, attached hereto as Exhibit “3”. Consequently, the Plaintiff is 

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CASE NO. _______________ 

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presumed to be a citizen of the State of Florida. See Jones v. Law Firm of Hill & Ponton, 141 F. 

Supp. 2d 1349, 1355 (M.D. Fla. 2001). 

7. Further, Defendant, Holiday CVS, L.L.C., is a single member LLC, its sole 

managing member being CVS Pharmacy, Inc., which is a corporation incorporated under the 

laws of the State of Rhode Island with its principal place of business in Woonsocket, Rhode 

Island. See Fla. Division of Corporations 2020 Annual Report, attached hereto as Exhibit “4”. 

Therefore, Defendant, Holiday CVS, LLC, is a citizen of the state of Rhode Island. See Flintlock 

Const. Servs., LLC v. Well-Come Holdings, LLC, 710 F. 3d 1221, 1224 (11th Cir. 2013) (“For 

the purpose of determining diversity jurisdiction, ‘a limited liability company is a citizen of any 

state of which a member of the company is a citizen.’” (quoting Rolling Greens MHP, L.P. v. 

Comcast SCH Holdings, L.L.C., 374 F. 3d 1020, 1022 (11th Cir. 2004)); Advanced Construction 

and Renovation, Inc. v. Mt. Hawley Ins. Co., 2018 WL 797073 at *2 (S.D. Fla. Feb. 9, 2018) 

(“For purposes of diversity jurisdiction, a corporation shall be deemed to be a citizen of every 

state by which it has been incorporated and of the state where it has its principal place of 

business.”). Accordingly, this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332 

because the amount in controversy exceeds $75,000.00, exclusive of interests and costs and the 

action is between the Plaintiff, who is a citizen of Florida, and Defendant, who is a citizen of 

Rhode Island. Removal to this Court is therefore proper pursuant to 28 U.S.C. § 1441 given this 

Court's diversity jurisdiction. See 28 U.S.C. §§ 1332, 1441(a). 

8. Pursuant to the procedural requirements for removal set forth in 28 U.S.C. § 

1446(d), CVS will file a Notice of Filing Notice of Removal with the Clerk of Court for the 

Eleventh Judicial Circuit, in and for Miami-Dade, Florida and will provide written notice of this 

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CASE NO. _______________ 

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Notice of Removal to all parties via e-service. A copy of the Notice of Filing is attached hereto 

as Exhibit “5”. 

Dated: 5/27/2020 

Respectfully submitted, 

_/s/ Jacob J. Liro_______________ 

Jacob J. Liro, Esquire (32720) 

JLiro@wickersmith.com 

WICKER SMITH O’HARA 

 McCOY & FORD, P.A. 

2800 Ponce de Leon Boulevard 

Suite 800 

Coral Gables, FL 33134 

Telephone: (305) 448-3939 

Facsimile: (305) 441-1745 

Attorneys for Holiday CVS, LLC 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the 

Clerk of Court using the CM/ECF system on May 27, 2020, and the foregoing document is being 

served this day on all counsel or parties of record on the Service List below, either via 

transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized 

manner for those counsel or parties who are not authorized to receive Notices of Electronic 

Filing.

_/s/ Jacob J. Liro_______________ 

Jacob J. Liro, Esquire 

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CASE NO. _______________ 

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SERVICE LIST 

Paul M. Adams, Esquire 

Schwed Adams & McGinley, P.A. 

7111 Fairway Drive, Suite 105 

Palm Beach Gardens, FL 33418 

Telephone: (561) 694-6079 

Facsimile: (561) 694-6089 

eservice@schwedlawfirm.com 

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