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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:20-22520-CIV

[ON REMOVAL FROM CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR 

MIAMI-DADE COUNTY, FLORIDA

CASE NO. 2020-010472-CA-01

MARCO ANTONIO DIAZ and all other similarly 

situated individuals under 29 U.S.C. 216(b)

Plaintiff,

vs.

FLORIDA MERCHANT SERVICE, INC.

JUAN J. ROMERO

Defendants.

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PETITION FOR REMOVAL

Defendants, Florida Merchant Service, Inc. and Juan J. Romero (collectively 

“Defendants”) by and through their undersigned counsel and pursuant to 28 U.S.C. §§ 1331, 1367, 

1441 and 1446, hereby remove this action currently pending in the Circuit of the 11th Judicial 

Circuit in and for Miami-Dade County, Florida, to the United States District Court for the Southern 

District of Florida. The removal of this action is based upon the following:

1. On or about May 15, 2020 Plaintiff filed his Complaint in the Circuit Court of the 

11th Judicial Circuit in and for Miami-Dade County, Florida, titled Marco Antonio Diaz and all 

others similarly situated individuals under 29 U.S.C. 216(b) vs. Florida Merchant Service, Inc. and 

Juan J. Romero, Case No. 2020-010472-CA-01 (hereinafter referred to as the “State Action”). A 

true and correct copy of all documents that were filed in the State Action are attached hereto as 

Composite Exhibit A, and are incorporated herein by reference pursuant to Rule 10(c), Federal 

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Rules of Civil Procedure. No other process, pleadings or orders have been served upon Defendants 

in this action.

2. A copy of the State Action was served on Defendants on or about May 29, 2020. 

This constituted Defendants’ first legal notice of the State Action for purposes of removal.

3. The Complaint seeks damages pursuant to the federal Fair Labor Standards Act 

(“FLSA”), 29 U.S.C. §201-219. See Complaint at ¶¶ 1, 5, 11-20. 

4. This is a civil action of which the United States district courts have original 

jurisdiction pursuant to 28 U.S.C. § 1331 because this action arises under the FLSA, laws of the 

United States.

5. Under federal question jurisdiction, the United States district courts “have original 

jurisdiction over all civil actions arising under federal law.” See 28 U.S.C. § 1331. Any civil case

filed in a state court may be removed by defendants to federal court if the case could have been 

brought originally in federal court. See Ayers v. Gen. Motors Corp., 234 F. 3d 514, 517 (11th Cir. 

2000); Tapscott v. MS Dealer Serv. Corp., 77 F.3d 1353, 1356 (11th Cir. 1996). Furthermore, 

where a removable claim or cause of action is joined with one or more otherwise non-removable 

claims or causes of action, “the entire case may be removed and the district court may determine 

all issues therein.” 28 U.S.C. § 1441(c).

6. For the reasons stated above, this action is removable to this Court pursuant to the 

provisions of 28 U.S.C. § 1441.

7. This Petition for Removal is filed within thirty (30) days after the date on which 

the last named Defendant first received notice of the Circuit Court Action. See 28 U.S.C. §1446(b). 

8. Defendants have, simultaneously with the filing of this Notice, given written notice 

of the filing of this Notice to Plaintiff as required by 28 U.S.C. § 1446(d).

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9. A copy of this Notice has simultaneously been filed with the Clerk of the Circuit 

Court in and for Miami-Dade County, Florida as required by 28 U.S.C. §1446(d).

10. This Petition for Removal has been timely filed within thirty days after receipt by 

Defendants of the initial pleading setting forth the claim for relief upon which removal is based. 

See 28 U.S.C. § 1446(b).

11. Plaintiff’s Complaint also alleges a claim for unpaid wages, See ¶¶ 21-25, and a 

count for breach of contract, See ¶¶ 26-32.. This Court may exercise supplemental jurisdiction 

over Plaintiff’s pendent state law claims as it may arise out of the same facts and circumstances as 

the Plaintiff’s federal claim. 

WHEREFORE, Defendants, Florida Merchant Service, Inc. and Juan J. Romero, hereby 

remove this case to the United States District Court for the Southern District of Florida. 

Respectfully submitted,

Daniel T. Feld P.A.

 Attorney for Defendants

 2847 Hollywood Blvd.

Hollywood, Florida 33020

 Tel: (954 )361-8383

 Email: DanielFeld.Esq@gmail.com

 By:__/s/ Daniel T. Feld__________

 Daniel T. Feld Esq.

 Florida Bar Number: 0037013

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CERTIFICATE OF SERVICE:

I hereby certify that a true and correct copy of the foregoing Defendants’ Notice of 

Removal of Case to Federal Court was sent via CM/ECFl to J.H. Zidell, Esq., J.H. Zidell P.A., 300 

71st Street, Suite 605, Miami Beach, Florida 33141, email: Zabogado@aol.com on this 18th day of 

June 2020.

Daniel T. Feld P.A.

 Attorney for Defendants

 2847 Hollywood Blvd.

Hollywood, Florida 33020

 Tel: (954 )361-8383

 Email: DanielFeld.Esq@gmail.com

 By:__/s/ Daniel T. Feld__________

 Daniel T. Feld Esq.

 Florida Bar Number: 0037013

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