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SPDN-868764429-2724188

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: _____________________

HANNY APONTE,

Plaintiff,

vs.

AMERICAN SALES MANAGEMENT

ORGANIZATION, LLC and FRANCISCO

JAVIER AGUSTIN RABELL TORELLO,

Defendants.

/

NOTICE OF REMOVAL

Defendant, AMERICAN SALES MANAGEMENT ORGANIZATION, LLC (“Eulen 

America”) and FRANCISCO JAVIER AGUSTIN RABELL TORELLO (“Rabell Torello”) 

(collectively “Defendants”), by and through undersigned counsel and pursuant to 

28 U.S.C. §§ 1441 (a) and (c), 1446, and 1331, hereby files this Notice of Removal of this action 

to the United States District Court for the Southern District of Florida. The removal of this action 

is premised upon the following:

1. Plaintiff, Hanny Aponte (hereinafter “Plaintiff”), filed this action against 

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

Florida, Case No.: 2020-010823-CA-01 (the “State Court Action). A copy of all process,

pleadings, and documents served on Defendants is attached as Exhibit A and are incorporated 

herein by reference.1

1 By removing this case, Defendants are not waiving any of their defenses that they have to 

Plaintiff’s claims. 

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2. Plaintiff’s Complaint alleges causes of action under the Fair Labor Standards Act

(“FLSA”), 29 U.S.C. § 201 et seq.

3. Pursuant to U.S.C. § 1331, the district courts shall have original jurisdiction of all 

civil actions arising under the laws of the United States. Additionally, pursuant to 

28 U.S.C. § 1441(a), “any civil action brought in a State court of which the district courts of the 

United States have original jurisdiction, may be removed by the defendant or the defendants, to 

the district court of the United States for the district and division embracing the place where such 

action is pending.” 

4. Thus, this Court has original jurisdiction over Plaintiff’s claims arising under the 

FLSA, and therefore, this action is removable under 28 U.S.C. § 1441 (a) and (c).

5. Eulen America has a location in Miami-Dade County, Florida, and Robell Torello 

is domiciled in Miami-Dade County, Florida. Thus, venue may properly lie in the United States 

District Court for the Southern District of Florida, Miami Division. See 28 U.S.C. § 1391(b).

6. On June 4, 2020, Rabell Torello was served with the Complaint.

2 This Notice of 

Removal is being filed on June 24, 2020. Thus, this Notice of Removal is being timely filed within 

thirty days after Defendant was served with process. See 28 U.S.C. § 1446(b).

7. Pursuant to 28 U.S.C. § 1446(d), a copy of this Notice of Removal will be filed 

with the Clerk of the Circuit Court, Eleventh Judicial Circuit, in and for Miami-Dade County, 

Florida. A copy of the Notice of Filing Notice of Removal is attached hereto as Exhibit B.

2 Eulen America has not yet been served with the Complaint, but it consents to the removal of the 

State Court Action to this Court.

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8. Defendants have complied with all of the requirements for removal under Title 28 

of the United States Code, and this Court has jurisdiction over all the parties and its territorial 

jurisdiction embraces the place where the State Court Action is pending.

9. By filing this Notice of Removal, Defendants do not admit any of the averments in 

Plaintiff’s Complaint, or waive any defense, and expressly reserve any objections as to service and 

personal jurisdiction. 

WHEREFORE, Defendants hereby request the removal of this action from the Circuit 

Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, to the United States

District Court for the Southern District of Florida.

Dated: June 24, 2020 Respectfully submitted,

/s/Suhaill M. Morales

Suhaill M. Morales

Florida Bar No. 084448

smorales@anblaw.com

Steven Reardon

Florida Bar No. 1003515

sreardon@anblaw.com

Allen, Norton & Blue, P.A.

121 Majorca Avenue, Suite 300

Coral Gables, FL 33134

Tel: (305) 445-7801

Fax: (305) 442-1578

Counsel for Defendants

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CERTIFICATE OF SERVICE

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

electronic mail, on this 24th day of June 2020, upon:

Jason S. Remer, Esq.

Florida Bar No.: 165580

jremer@rgpattorneys.com

Remer & Georges-Pierre, PLLC

44 West Flagler Street, Suite 2200

Miami, FL 33130

Telephone: (305) 416-5000

Facsimile: (305) 416-5005

Counsel for Plaintiff

/s/Suhaill M. Morales

Attorney

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