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UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

FT LAUDERDALE DIVISION

JAMES AND NATASSHA BLAKESLEE, 

Plaintiffs, 

v. 

FREEDOM MORTGAGE CORPORATION,

Defendant.

____________________________________/

CASE NO.

[formerly Circuit Court for 

Broward County, Florida, 

Case No.: CACE-20-007061]

NOTICE OF REMOVAL

Defendant, FREEDOM MORTGAGE CORPORATION (“Freedom”), hereby removes to 

this Court the Complaint filed by Plaintiffs, JAMES BLAKESLEE AND NATASSHA 

BLAKESLEE (“Plaintiffs”), in the matter entitled James and Natassha Blakeslee v. Freedom 

Mortgage Corporation, Case No. CACE-20-007061 in the Circuit Court, Seventeenth Judicial 

Circuit, in and for Broward County, Florida (the “State Court Action”), pursuant to 28 U.S.C. §§ 

1331, 1367, 1441, and 1446, and as grounds for its removal states as follows: 

I. STATEMENT OF CASE1

1. On or about April 27, 2020, Plaintiffs filed a Complaint in the Circuit Court, 

Seventeenth Judicial Circuit, in and for Broward County, Florida, styled JAMES AND 

NATASSHA BLAKESLEE V. FREEDOM MORTGAGE CORPORATION, Case No.: CACE-20-

007061 (the “State Court Action” and the “Complaint”). A copy of the Complaint is attached 

hereto as Exhibit “B.” 

2. On April 30, 2020, a summons was issued for Freedom. A copy of the summons 

is attached hereto as composite Exhibit “C”.

 1 A copy of the docket from the State Court Action is attached hereto as Exhibit “A.”

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3. On May 6, 2020, Freedom was served with the summons. As such, this Notice of 

Removal is timely under 28 U.S.C. § 1446(b)(1).

4. On May 26, 2020, the undersigned file a Notice of Appearance in the State Court 

Action on behalf of Freedom. A copy of the Notice of Appearance is attached hereto as Exhibit 

“D”.

5. On May 26, 2020, Freedom filed a Motion for Extension of Time to respond to 

the Complaint. A copy of the Motion for Extension of Time is attached hereto as Exhibit “E”.

6. On May 29, 2020, an Order was entered granting the Motion for Extension of 

Time to Respond to Plaintiffs’ Complaint, setting the response deadline as June 25, 2020. A copy 

of the Order is attached hereto as Exhibit “F”.

7. Freedom has not taken any other action in the State Court Action.

8. The Complaint purports to assert a cause of action for violation of the federal Real 

Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601, et. seq. with respect to the 

handling of an escrow account and various related allegations. The Complaint also alleges claims 

for (1) breach of contract; (2) breach of fiduciary duty; (3) negligence; and (4) Fla. Stat. § 

501.137, each of which concerns the same set of facts on which the RESPA claim depends. Each 

claim is inextricably intertwined insofar as they each deal with the same subject matter and 

alleged misconduct.

II. TIMELINESS OF REMOVAL

9. Plaintiffs served Freedom with copies of the Summons and Complaint on May 6, 

2020. Therefore, this Notice of Removal was filed within 30 days of service.

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III. FEDERAL QUESTION JURISDICTION UNDER 28 U.S.C. § 1331

10. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331, which 

provides: “[t]he district courts shall have original jurisdiction of all civil actions arising under 

the Constitution, laws, or treaties of the United States.”

11. Plaintiffs’ claim in the State Court Action arises pursuant to federal law, 

specifically RESPA (12 U.S.C. § 2601, et. seq.). See Ex. B. Thus, this action states a basis for 

original subject matter jurisdiction under 28 U.S.C. § 1331 and 12 U.S.C. § 2601, and therefore 

this removal is made pursuant to 28 U.S.C. § 1441(a).

IV. SUPPLEMENTAL JURISDICTION

12. Each additional count of the Complaint adopts and incorporates the same set of 

factual allegations as those incorporated in the RESPA Count, which are then applied to each 

type of claim included in the Complaint. Each of these additional Counts is substantially similar 

and intertwined with the RESPA Count so as to form part of the same case or controversy. 

Therefore, this Court has supplemental jurisdiction over the remaining Counts in accordance 

with 28 U.S.C. §§ 1367(a) and/or 1441(c).

V. ALL PROCEDURAL REQUIREMENTS FOR REMOVAL HAVE BEEN SATISFIED

13. Pursuant to 28 U.S.C. § 1446(a) copies of all of the process, pleadings, and 

documents from the State Court Action available to the Defendant have been attached to this 

Notice of Removal.

14. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1441(a) and 1446(a) 

because the U.S. District Court for the Southern District of Florida, Ft Lauderdale Division, is 

the federal judicial district embracing the Circuit Court for Broward County, Florida.

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15. Pursuant to 28 U.S.C. §1446(d), Defendant will promptly file a copy of this 

Notice of Removal in the State Court Action, and give written notice of the removal of this 

action to Plaintiffs. 

VI. CONSENT TO REMOVAL BY OTHER NAMED DEFENDANTS 

16. 28 U.S.C. §1446(b)(2)(A) requires all other defendants that have been properly 

named and served to consent to the removal. At the time of this filing, Freedom is the only 

defendant in the action. Therefore, this removal is compliant with 28 U.S.C. § 1446(b)(2)(A).

VII. CONCLUSION

By this Notice of Removal, Freedom does not waive any objections it may have as to 

service, jurisdiction or venue, or any other defenses or objections it may have to this action. 

Freedom intends no admission of fact, law or liability by this Notice, and expressly reserves all 

defenses, motions, and/or pleas. 

If any question should arise as to the propriety of the removal of this action, Freedom 

requests the opportunity to submit a brief and present oral argument in support of its position that 

this case has been properly removed. Sierminski v. Transouth Fin. Corp., 216. F. 3d 945, 949 

(11th Cir. 2000).

Respectfully submitted,

McGLINCHEY STAFFORD

__/s/ Joseph A. Apatov_________

Joseph Apatov, Esq.

Florida Bar #93546

One East Broward Boulevard, Suite 1400

Fort Lauderdale, Florida 33301

Telephone: (954) 356-2516

Fax: (954) 252-3808

japatov@mcglinchey.com

dtironi@mcglinchey.com

Attorneys for Defendant

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been 

furnished, via the following manner on this 5th day of June, 2020, to the following:

Via E-Mail

Jason Bloch, Esq.

3501 Glencoe Street

Miami, FL 33133

jebloch@att.net

Attorney for Plaintiffs

______/s/ Joseph A. Apatov_

 Joseph A. Apatov, Esq

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