UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

 

CASE NO.: 

WILLIAM HERBERT BRITT 

 Plaintiff, 

vs. 

WAL-MART STORES EAST, LP, 

 Defendant. 

 //

NOTICE OF REMOVAL OF STATE COURT ACTION

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

Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, styled: WILLAM 

HERBERT BRITT V. WAL-MART STORES, LP, Case Number 50 2020 CA 006613 XXXX 

MB. 

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

negligence of the Defendant. 

3. The complaint does not allege the damages sought other than to allege that the 

amount in controversy exceeds the $30,000 State of Florida Circuit Court jurisdictional 

minimum. 

4. On or about July 14, 2020 defendant served on plaintiff Supplemental Requests 

for Admissions. On July 29, 2020 plaintiff responded to these request for admissions. Plaintiff’s 

responses make clear that he is seeking damages in excess of $75,000.00. 

5. Specifically. Defendant requested and Plaintiff responded as follows: 

 1. In this lawsuit, Plaintiff is not seeking and will not seek total damages in 

 excess of $75,000. – DENIED. 

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 2. In this lawsuit, Plaintiff is seeking to recover total damages in excess of 

 $75,000. – ADMITTED. 

 3. The maximum amount of damages that Plaintiff seeks, and will ever seek, 

 to recover in this lawsuit is less than $75,000. – DENIED. 

 4. The maximum amount of damages that Plaintiff seeks to recover in this 

 lawsuit is greater than $75,000. – ADMITTED. 

 5. In this lawsuit, Plaintiff stipulates that he will be asking the jury to award 

 him no more than a total of $75,000 in damages. – DENIED. 

 6. In this lawsuit, Plaintiff will be asking the jury to award him more than a 

 total of $75,000 in damages. – ADMITTED. 

6. As such, the citizenship of the parties, coupled with Plaintiff’s responses to 

requests for admissions give 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

7. 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. 

8. 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. 

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A. Diversity of Citizenship 

9. Plaintiff, WILLIAM HERBERT BRITT, now and at all times material to the 

Complaint, is and was a Florida citizen, domiciled in Palm Beach County, Florida. Defendant is 

organized and exists 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 

10. 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 

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. 

11. Although the original Complaint was served on June 24, 2020, defendant was not 

yet on notice until July 29, 2020, the date plaintiff responded to the aforementioned request for 

admissions, that the amount in controversy met the minimum requirements set forth in 28 U.S.C. 

1332. Accordingly, 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 

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Complaint. Attached hereto as Composite Exhibit "A" is a copy of all papers filed to date in the 

State Court proceedings. 

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

13. A copy of this Notice has been filed with the Clerk of the Circuit Court of the 15th

Judicial Circuit, in and for Palm Beach County, Florida.

 WHEREFORE, Defendant, WAL-MART EAST, LP, 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 

Clerk of the Court using CM/ECF this 31st 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 

R. Timothy Vannatta, Esquire 

Rubenstein Law, P.A. 

9130 S. Dadeland Blvd., PH 

Miami, FL 33156 

(305) 661-6000 

tim@rubensteinlaw.com 

jmolano@rubensteinlaw.com 

eservice@rubensteinlaw.com 

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