6875375v.1

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

DAWN JOYNT, 

 

Plaintiff, Federal Civil Action No.: 

 

v. 

 Removed from the Circuit Court of the 

Seventeenth Judicial Circuit in and for 

Broward County, Florida 

JW LEE, INC., D/B/A SCARLETT’S 

CABARET AND MIAMI GARDENS 

SQUARE ONE, INC., D/B/A 

TOOTSIES’ CABARET, 

 Former Case No. CACE20010560 

 

Defendants. 

DEFENDANTS’ NOTICE OF REMOVAL 

COMES NOW Defendants JW LEE, INC., D/B/A SCARLETT’S CABARET AND 

MIAMI GARDENS SQUARE ONE, INC., D/B/A TOOTSIES’ CABARET (“Defendants”), by 

and through their undersigned attorneys, pursuant to 28 U.S.C. Sections 1331, and 1441, and Rule 

7.2 of the Local Rules for the United States District Court for the Southern District of Florida, and 

hereby removes Plaintiff’s Complaint in the above-captioned action from the Circuit Court of the 

Seventeenth Judicial Circuit, in and for the Broward County, Florida to this forum, on the 

following grounds: 

1. On July 15, 2020, Defendants received a copy of the Plaintiffs’ Complaint via 

process server, which had been filed with the Circuit Court of the Seventeenth Judicial Circuit, in 

and for Broward County, Florida. 

2. Plaintiff Dawn Joynt has specifically brought this action against Defendants, in 

part, under 29 U.S.C. §§ 201 et seq., and 29 U.S.C. § 216(b). Accordingly, this matter is removable 

on the basis of federal question jurisdiction because Plaintiff’s claims arise, in part, under the law

Case 0:20-cv-61580-WPD Document 1 Entered on FLSD Docket 08/04/2020 Page 1 of 3
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of the United States. See 28 U.S.C. Section 1331. This Court has supplemental jurisdiction over 

Plaintiff’s claims arising under Chapter 760, Florida Statutes as these claims arise out of the same 

common nucleus of operative facts as do Plaintiff’s federal claims. See U.S.C. § 1367. 

3. Pursuant to 28 U.S.C. Section 1446, copies of all documents which have been 

served on Defendants to date are attached as Exhibit A. Pursuant to Local Rule 7.2 of this Court, 

copies of all documents in the state court file will be filed with this Court within in 14 days of 

removal. 

4. To date, 30 days or less have passed since Defendants were served with Plaintiff’s 

Complaint. Therefore, removal of this action is timely. 28 U.S.C. § 1446. 

5. In accordance with 28 U.S.C. § 1446(d), the undersigned certificates that on this 

same day Defendants have filed a cop of the foregoing Notice of Removal with the Clerk of the 

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

DATED this 4th of August 2020. 

Respectfully submitted, 

CONSTANGY, BROOKS, SMITH & 

PROPHETE, LLP 

Post Office Box 41099 

Jacksonville, Florida 32203 

Telephone: (904) 356-8900 

Facsimile: (904) 356-8200 

By:/s/ Gary Wheeler 

Gary Wheeler 

Florida Bar No. 131865 

gwheeler@constangy.com

 

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WALLACE & ALLEN, LLP 

440 Louisiana, Ste. 1500 

Houston, Texas 77002 

Telephone: (713) 227-1744 

Facsimile: (713) 227-0104 

Casey T. Wallace 

(pro hac vice application forthcoming) 

cwallace@wallaceallen.com

Texas Bar No. 795827 

Benjamin W. Allen 

(pro hac vice application forthcoming) 

ballen@wallaceallen.com

Texas Bar No. 24069288 

William X King 

(pro hac vice application forthcoming) 

wking@wallaceallen.com

Texas Bar No. 24072496 

Counsel for Defendants 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on August 4, 2020 I served this instrument in compliance with 

the Federal Rules of Civil Procedure. 

Jordan Richards, Esq 

USA Employment Lawyers-Jordan Richards, PLLC 

805 E. Broward Blvd., Ste. 301 

Fort Lauderdale, Florida 33301 

(954) 871-0050 

/s/ Gary Wheeler 

Gary Wheeler 

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