IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

Case No. ___________ 

NAKIA JENKINS, individually and 

on behalf of all others similarly situated,

Plaintiff, 

v. 

SIMPLY HEALTHCARE PLANS, INC., 

Defendant. 

NOTICE OF REMOVAL 

TO: THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR 

THE SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION: 

Pursuant to 28 U.S.C. §1441, Defendant Simply Healthcare Plans, Inc. (“Simply 

Healthcare” or “Defendant”), by counsel, hereby removes this action from the Eleventh Judicial 

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

Southern District of Florida, Miami Division. 

Removal is proper because this Court has federal question jurisdiction under 28 U.S.C. § 

1332. In support thereof, Simply Healthcare states as follows: 

I. BACKGROUND 

1. On or about June 3, 2020, Plaintiff Nakia Jenkins (“Jenkins”) filed a civil 

complaint (the “Complaint”) against Simply Healthcare in the Circuit Court for Miami-Dade 

County, Florida, as Case No. 2020-011730-CA-01.

Case 1:20-cv-22677-CMA Document 1 Entered on FLSD Docket 06/29/2020 Page 1 of 5
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2. A copy of the Complaint and state court documents are attached hereto as Exhibit 

A. 

3. Plaintiff asserts various claims against Simply Healthcare purportedly arising 

under the Telephone Consumer Protection Act, 47 U.S.C. §§ 227, et seq., (“TCPA”) based on a 

single text message allegedly sent without recipients’ prior express consent. According to the 

allegations in the Complaint, Plaintiff asserts claims on behalf of herself individually and on 

behalf of all other similarly situated persons. Ex. A at ¶¶ 34-36. 

4. Simply Healthcare was served with the Complaint on June 9, 2020. 

5. This Notice of Removal is being filed within thirty days of service of the 

Complaint on Simply Healthcare making the action timely removed pursuant to 28 U.S.C. 

§ 1446(b), (c)(1). 

6. Simply Healthcare denies the allegations in the Complaint, denies that Plaintiff 

has stated any claim for which relief may be granted, and denies that Plaintiff has been damaged 

in any manner. Nevertheless, assuming for jurisdictional purposes only that Plaintiff’s claims 

are valid, this matter is removable to this Court based upon federal question jurisdiction. 

II. REMOVAL IS PROPER UNDER FEDERAL QUESTION JURISDICTION. 

7. Plaintiff’s claims arise out of a single text message she allegedly received from 

Simply Healthcare. See Ex. A at ¶ 18. 

8. This Court has original jurisdiction over Plaintiff’s TCPA claim pursuant to 28 

U.S.C. § 1331, which states that federal question jurisdiction is appropriately exercised over “all 

civil actions arising under the Constitution, laws, or treaties of the United States.” Plaintiff 

alleges that Simply Healthcare violated the TCPA “by using an automatic telephone dialing 

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system to make non-emergency telephone calls to the cell phones of Plaintiff and the other 

members of the putative Class without their prior express consent.” Id. at ¶ 50. 

9. Removal of this case is proper under 28 U.S.C. § 1441(a), which provides, in 

pertinent part, that “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.” 

10. Federal question jurisdiction exists over this action because the allegations 

asserted by Plaintiff in the Complaint involve questions that will require resolution of significant, 

disputed issues arising under federal law. This case qualifies for federal question jurisdiction 

and is removable because Plaintiff’s Complaint alleges claims under, and requires a ruling on, 

the TCPA. Id. at ¶¶ 46-51. 

III. VENUE 

11. Venue is appropriate in this Court because this district and division encompass the 

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

from which the case has been removed. See 28 U.S.C. § 1441. 

IV. NOTICE 

12. Pursuant to 28 U.S.C. § 1446(d), a copy of Simply Health’s Notice of Filing of 

Notice of Removal is being filed contemporaneously with the Clerk of the Eleventh Judicial 

Circuit Court in and for Miami-Dade County, and is attached hereto as Exhibit B. 

13. This Notice of Removal is being served on all adverse parties as required by 

28 U.S.C. § 1446(d). 

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14. As of the date of this removal, Simply Healthcare has not filed a responsive 

pleading to the Complaint. Simply Healthcare reserves all rights to assert any and all defenses to 

the Complaint and further reserve the right to amend or supplement this Notice of Removal. 

15. If any questions arise as to the propriety of the removal of this action, Simply 

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

this case is removable. 

WHEREFORE, Defendant Simply Healthcare Plans, Inc. hereby removes this action to 

this Court and seeks all other relief as this Court deems equitable and just.

Dated: June 29, 2020 Respectfully submitted, 

SIMPLY HEALTHCARE PLANS, INC. 

By: /s/ Gillian D. Williston 

Of Counsel 

Gillian D. Williston (Florida Bar No.: 14270) 

TROUTMAN SANDERS LLP 

222 Central Park Avenue, Suite 2000 

Virginia Beach, Virginia 23462 

Telephone: (757) 687-7500 

Facsimile: (757) 687-7510 

E-mail: gillian.williston@troutman.com 

Counsel for Defendant Simply Healthcare Plans, Inc. 

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42456249 

CERTIFICATE OF SERVICE 

I hereby certify that on this 29th day of June, 2020, I electronically filed the foregoing 

Notice of Removal with the Clerk of the Court using the CM/ECF system and a true and correct 

copy of the foregoing document was sent via U.S. Mail, to the following: 

Shamis & Gentile, P.A. Eisenband Law, P.A. 

Andrew J. Shamis, Esquire Michael Eisenband, Esquire 

Garrett O. Berg, Esquire 515 E. Las Olas Boulevard, Suite 120 

14 NE 1st Ave., Suite 705 Ft. Lauderdale, FL 33301 

Miami, FL 33132 Telephone: (954) 533-4092 

Telephone: (305) 479-2299 meisenband@eisenbandlaw.com

ashamis@shamisgentile.com

gberg@shamisgentile.com Hiraldo P.A. 

Manuel S. Hiraldo, Esquire 

Edelsberg Law, P.A. 401 E. Las Olas Boulevard, Suite 1400 

Scott Edelberg, Esquire Ft. Lauderdale, Florida 33301 

Aaron M. Ahlzadeh, Esquire Telephone: (954) 400-4713 

20900 NE 30th Ave., Suite 417 mhiraldo@hiraldolaw.com

Aventura, FL 33180 

Telephone: (786) 289-9471 IJH Law 

scott@edelsberglaw.com Ignacio J. Hiraldo, Esquire 

aaron@edelsberglaw.com 14 NE First Ave., 10th Floor 

Miami, FL 33132 

Telephone: (786) 351-8709 

ijhiraldo@ijhlaw.com

By: /s/ Gillian D. Williston 

Of Counsel 

Gillian D. Williston (Florida Bar No.: 14270) 

TROUTMAN SANDERS LLP 

222 Central Park Avenue, Suite 2000 

Virginia Beach, Virginia 23462 

Telephone: (757) 687-7500 

Facsimile: (757) 687-7510 

E-mail: gillian.williston@troutman.com 

Counsel for Defendant Simply Healthcare Plans, Inc. 

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