UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

 

CASE NO.: 

ALEXANDER DE ARMAS MARTINEZ 

 Plaintiff, 

vs. 

WALMART, INC., 

 Defendant. 

 //

NOTICE OF REMOVAL OF STATE COURT ACTION

1. Plaintiff filed a Complaint against the above named Defendant in the Circuit 

Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, styled: 

ALEXANDER DE ARMAS MARTINEZ V. WALMART, INC., Case Number CACE-20-

010244. 

2. In this Complaint, Plaintiff claims, inter alia, that he has been damaged due to the 

negligence of the Defendant. 

3. Further, Plaintiff is seeking damages in excess of $75,000.00. The basis for this 

information includes a detailed demand letter sent by Plaintiff prior to filing suit seeking “full 

policy limits.” (Defendant is self-insured in part with a $1,000,000 policy of insurance). Rather 

than a bare unsupported $1,000,000 demand, plaintiff specifically alleges ankle and neck injuries 

the treatment for which is alleged to include surgical repair of the right ankle and itemized 

medical expenses alone of $101,531.36. As these expenses are alleged to result from the subject 

incident, the alleged damages clearly exceed $75,000.00, irrespective of any other potential 

damages typically sought in cases of this nature, including compensation for pain and suffering 

and lost wages. 

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4. As such, Plaintiff’s Complaint gives rise to diversity of jurisdiction, pursuant to 

28 U.S.C.A. Sec. 1332, and the Defendant seeks removal to the United States District Court for 

the Southern District of Florida. 

FEDERAL DIVERSITY JURISDICTION 

5. This action is a civil action of which this Court has original jurisdiction under 28 

U.S.C. §1332, and is one which may be removed to the Court by Defendant pursuant to the 

provisions of 28 U.S.C. 1441(b) in that it is a civil action between citizens of different states and 

the matter in controversy exceeds the sum of $75,000.00, exclusive of interest and costs. 

6. A defendant may properly remove an action from state court and avail itself of the 

federal court system in any civil action of which the district courts of the United States have 

diversity jurisdiction pursuant to the provisions of 28 U.S.C. 1441. Id. 

A. Diversity of Citizenship 

7. Plaintiff, ALEXANDER DE ARMAS MARTINEZ , now and at all times 

material to the Complaint, is and was a Florida citizen, domiciled in Broward County, Florida. 

Defendant is a corporation organized and existing pursuant to the laws of the State of Delaware, 

with its principal place of business in the State of Arkansas, and is therefore deemed to be a 

citizen of the State of Arkansas or the State of Delaware pursuant to 28 U.S.C. 1332(c)(1). For 

removal purposes, “a corporation is a citizen of any State in which it is incorporated and the 

State, which is its principle place of business.” 

B. Amount In Controversy 

8. Defendant, as the party invoking federal jurisdiction, carries the burden of 

"proving to a reasonable probability that the claim is in excess of the statutory jurisdictional 

amount." In re Rezulin Products Liability Litigation, 133 F.Supp2d 272 (S.D.N.Y. 2001). On the 

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other hand, “the focus of defendants' efforts need not be whether the plaintiff is likely to secure 

an amount greater than $75,000.00. Rather, the focus is on the claim, and while plaintiffs are the 

master of its claim whose monetary demand is to be accorded deference, a plaintiffs’ claim must 

be made in good faith.” Id. As set forth in paragraph 3 and incorporated herein, plaintiff is 

clearly alleging damages in excess of $75,000. 

9. The original Complaint was served on June 30, 2020. Pursuant to 28 U.S.C. § 

1446(b), this notice has been filed within 30 days of Defendant having adequate notice of a basis 

for removal and less than one year has passed since the filing of the original Complaint. Attached 

hereto as Composite Exhibit "A" is a copy of all papers filed to date in the State Court 

proceedings. 

10. Written notice of the filing of this notice has been furnished to Plaintiff. 

11. A copy of this Notice has been filed with the Clerk of the Circuit Court of the 17th

Judicial Circuit, in and for Broward County, Florida.

 WHEREFORE, Defendant, WALMART, INC., respectfully requests this Court to 

assume original jurisdiction and grant this Notice for Removal. 

CERTIFICATE OF SERVICE 

 WE HEREBY CERTIFY that we electronically filed the foregoing document with the 

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Clerk of the Court using CM/ECF this 29th day of July, 2020 on all counsel of record on service 

list below. 

LUKS, SANTANIELLO, PETRILLO & COHEN 

Attorneys for Defendant 

110 S. E. 6th Street 

20th Floor 

Fort Lauderdale, FL 33301 

Telephone: (954) 761-9900 

Facsimile: (954) 761-9940 

By: /s/ David A. Lipkin 

 DANIEL J. SANTANIELLO 

 Florida Bar No.: 860948 

 DAVID A. LIPKIN 

 Florida Bar No.: 968463 

 LUKSFLL-Pleadings@LS-Law.com 

SERVICE LIST 

COUNSEL FOR PLAINTIFF 

Nadine Figueroa, Esquire 

Jimmy De La Espriella, Esquire 

Law Offices of Jimmy De La Espriella 

2151 Le Jeune Road, Suite 305 

Coral Gables, FL 33134 

(305) 665-1167 

Nadine@jdlelaw.com 

Jimmy@jdlelaw.com 

service@jdlelaw.com 

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