HomeR BonneR Jacobs Ortiz, P.A.

1200 Four Seasons Tower | 1441 Brickell Avenue | Miami Florida 33131

305 350 5100 | www.homerbonner.com

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case No. 20-cv-22723

ROGELIO RIVERO ALEMAN,

Plaintiff,

vs.

A&J GENERAL CONTRACTORS CORP., 

MIGUEL A. GUERRERO, SR., and

MIGUEL A. GUERRERO, JR.,

Defendants.

 / 

NOTICE OF REMOVAL 

OF DEFENDANT A&J GENERAL CONTRACTORS CORP.

Pursuant to 28 U.S.C. §§ 1331, 1441(a), and 1446, Defendant A&J General Contractors 

Corp. (“A&J”) removes this action from the Circuit Court of the Eleventh Judicial Circuit in and 

for Miami-Dade County, Florida (the “State Court”) to the United States District Court for the 

Southern District of Florida.

Procedural Posture

1. On or about June 1, 2020, Plaintiff Rogelio Rivero Aleman filed the Complaint 

(attached as Exhibit 1) in the State Court.

2. Plaintiff has not achieved service of process on A&J. Upon information and belief, 

Plaintiff has not served Defendants Miguel A. Guerrero, Sr. and Miguel A. Guerrero, Jr.

The Complaint

3. Plaintiff claims that he worked for the Defendants “from about 2015 to April 20, 

2019[.]” Ex. 1, ¶ 22. In connection with that employment, Plaintiff brings purported claims for 

Case 1:20-cv-22723-MGC Document 1 Entered on FLSD Docket 07/01/2020 Page 1 of 4
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Fair Labor Standards Act, 29 U.S.C. ¶¶ 201-19 (“FLSA”) minimum wage violation (id., ¶¶ 10-

31), FLSA overtime wage violations (id., ¶¶ 32-54), and for violation of 26 U.S.C. § 7434 (id., ¶¶ 

55-63).

Basis for Removal

4. A&J removes this action under federal question jurisdiction.1 

5. In the Complaint, Plaintiff invokes and exclusively seeks damages under federal 

statutes, i.e., the FLSA and 26 U.S.C. § 7434. See Ex. 1, ¶¶ 10-63.

6. Claims based on these statutes are eligible for removal. See Breuer v. Jim’s 

Concrete of Brevard, Inc. 538 U.S. 691 (2003) (affirming rulings by the Eleventh Circuit and the 

Middle District of Florida that FLSA action filed in state court is removable to federal court).

7. Accordingly, A&J invokes the Court’s original jurisdiction, pursuant to 28 U.S.C. 

§ 1331, to resolve the federal questions raised by Plaintiff in the Complaint. See New SD, Inc. v. 

Rockwell Intern. Corp., 79 F.3d 953, 955 (9th Cir. 1996) (“When federal law applies . . . it follows 

that the question arises under federal law, and federal question jurisdiction exists.”) (citing Intern. 

Ass’n of Machinists, AFL-CIO v. Cent. Airlines, Inc., 372 U.S. 682, 693 n.17 (1963)).

8. Venue is proper in this Court because the United States District Court for the 

Southern District of Florida, Miami Division is the district and division within which the State 

Court case is pending. See 28 U.S.C. § 1441(a) (“Except as otherwise expressly provided by Act 

of Congress, 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 

1 Without submitting to the jurisdiction of the Court, A&J removes this case and enters its 

limited appearance. A&J has not been served process and, accordingly, the Court does not have 

personal jurisdiction over A&J. In re Trasylol Prods. Liability Litig., No. 08-MD-01928, 2011 

WL 830287, at *5-8 (S.D. Fla. Mar. 8, 2011).

Case 1:20-cv-22723-MGC Document 1 Entered on FLSD Docket 07/01/2020 Page 2 of 4
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court of the United States for the district and division embracing the place where such action is 

pending.”).

9. Pursuant to 28 U.S.C. § 1446(b), A&J’s removal is timely because this notice of 

removal has been filed within thirty days after this case was filed in the State Court.

2

28 U.S.C. § 1446 Requirements 

10. In compliance with 28 U.S.C. § 1446(d), A&J is contemporaneously serving 

Plaintiff with a copy of this notice of removal, and A&J is filing a copy of this notice of removal 

with the State Court.

11. In an effort to comply with the spirit of 28 U.S.C. § 1446(a), a copy of all documents 

filed in the State Court3and a copy of the State Court docket will be filed contemporaneously with 

this Notice as composite Exhibit 2. None of these documents have been properly served on A&J.

Reservation of Rights

12. A&J reserves all rights, including defenses, objections, and any right to compel 

arbitration. A&J also reserves the right to amend or supplement this notice of removal.

WHEREFORE, A&J hereby removes this case to the United States District Court for the 

Southern District of Florida.

2 28 U.S.C. § 1446(b) requires removal within 30 days of “receipt by the defendant, through 

service of process or otherwise, a copy of the initial pleading setting forth the claim for relief . . . 

or within 30 days after service of summons upon the defendant.” Given that this case was filed 

on June 1, 2020 (i.e., 30 days ago), this removal is timely.

3 This does not include the Complaint, which is Exhibit 1.

Case 1:20-cv-22723-MGC Document 1 Entered on FLSD Docket 07/01/2020 Page 3 of 4
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HomeR BonneR Jacobs Ortiz, P.A.

1200 Four Seasons Tower | 1441 Brickell Avenue | Miami Florida 33131

305 350 5100 | www.homerbonner.com

Date: July 1, 2020

Respectfully submitted:

Attorneys for Defendant A&J General Contractors Corp.

1200 Four Seasons Tower

1441 Brickell Avenue

Miami Florida 33131

Phone: (305) 350-51

Fax: (305) 372-2738

 By: /s/ Brian Lechich

Brian Lechich

Florida Bar No. 84419

blechich@homerbonner.com

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