95193-1 

IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. ______________ 

CYNTHIA LAREMORE, 

 Plaintiff, 

vs. 

TARGET CORPORATION, a foreign profit 

corporation; and HOLIDAY CVS, L.L.C., a 

Florida limited liability company d/b/a 

CVS/PHARMACY #3261, 

 Defendants. 

________________________/ 

DEFENDANT’S, HOLIDAY CVS, L.L.C., NOTICE OF REMOVAL 

Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, Defendant, Holiday CVS, L.L.C. 

(hereinafter, “CVS”), hereby removes the above-styled action from the Seventeenth Judicial 

Circuit for Broward County, to the United District Court for the Southern District of Florida on 

the basis of diversity jurisdiction. In support of removal, the Defendant states as follows: 

1. CVS is a Defendant in a civil action brought against it in the Seventeenth Judicial 

Circuit for Broward County, Florida, styled Cynthia Laremore vs. Target Corporation, a foreign 

profit corporation; and Holiday CVS, L.L.C., a Florida Limited Liability Company d/b/a CVS 

Pharmacy #3261, Case No. CACE20-011021. A true and correct copy of all process and 

pleadings served upon CVS are attached hereto as Composite Exhibit “1” in compliance with 28 

U.S.C. § 1447(b). 

2. This action involves the Plaintiff’s alleged personal injuries sustained as a result 

of an alleged incident at the CVS store located at 2701 Stirling Road, Fort Lauderdale, Florida on 

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February 6, 2019, and an incident which is alleged to have occurred at Target located at 5800 

South University Drive in Davie Florida. See generally Plaintiff’s Complaint, attached hereto as 

part of Composite Ex.1. 

3. On or about July 17, 2020, the Plaintiff served Holiday CVS, L.L.C. See Affidavit 

of Service of Process, dated July 17, 2020, attached hereto as part of Composite Ex. “1.” 

4. Defendant, CVS, filed this Notice of Removal within thirty (30) days after being 

served with Plaintiff’s Complaint on July 17, 2020. Accordingly, this Notice of Removal is 

timely filed. See 28 U.S.C. § 1446(b). 

5. On August 6, 2020, Defendant, CVS, filed a Motion for Extension of Time to 

respond to the Complaint. See the Composite Ex. “1.” 

6. On August 6, 2020, Defendant, Target, Answered the Complaint. See Answer and 

Affirmative Defenses, attached hereto as part of Composite Exhibit “1.” 

7. The amount in controversy in this case exceeds $75,000.00. Although the 

Complaint sets forth the minimal jurisdictional allegations necessary to invoke the jurisdiction of 

the state circuit court, the Plaintiff issued a presuit demand of $500,000, which far exceeds the 

jurisdictional requirement and demonstrates that the amount in controversy exceeds the amount 

necessary to invoke the jurisdiction of the District Court. See Plaintiff’s Demand Letter, dated 

August 14, 2019, attached hereto as Exhibit “2.” Therefore, Defendant has met its burden in 

establishing the amount in controversy requirement. See Archer v. Kelly, 271 F. Supp. 2d 1320, 

1322 (N.D. Okla. 2003) (holding the plaintiff's demand letter alleging damages of $1,325,000 

was sufficient to establish that plaintiff's claim exceeded amount in controversy requirement 

necessary to exercise diversity jurisdiction); Molina v. Wal-Mart Stores Tx., 535 F. Supp. 2d 805, 

806 (W.D. Tex. 2008) (holding customer's pre-suit demand letter alleging damages of $100,000, 

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was sufficient to establish an amount in controversy exceeding $75,000); see also Scott v. Home 

Depot U.S.A., Inc., No. 11-62426-CIV, 2012 WL 86986, *2 (Fla. S.D. Jan. 11, 2012) (stating “a 

defendant may introduce its own affidavits, declarations or other documentation” to meet its 

burden to show that the amount in controversy exceeds $75,000); Davis v. Averitt Express, Inc., 

No. 06-C-5793, 2006 WL 3883322 (N.D.Ill. Dec. 28, 2006) (denying Plaintiff’s motion for 

remand as untimely and noting that subject matter jurisdiction was met where the amount in 

controversy was based solely on the fact that the Plaintiff’s medical bills exceeded $75,000.00) 

Rogers v. Home Depot, U.S.A., Inc., No. 07-1489, 2007 WL 2915147 (W.D.La. Oct. 5, 2007) 

(holding the jurisdictional amount for diversity jurisdiction was met where the Plaintiff’s medical 

bills exceeded $75,000.00); Holley v. Madison Industries, Inc. of Ga., 2012 WL 3771909 

(N.D.Ala. Aug. 27, 2012) (finding removal untimely where the notice of removal was filed more 

than 30 days after the Plaintiff filed discovery responses including a damages chart itemizing 

more than $72,000 in medical expenses and $26,000 in property loss: “These two figures 

combined are appreciably in excess of the jurisdictional minimum.”). 

8. The Plaintiff, Cynthia Laremore, is a citizen of the state of Florida. See Redacted 

Medical Record of Plaintiff, attached hereto as Exhibit “3.” Consequently, the Plaintiff is 

presumed to be a citizen of the State of Florida. See Jones v. Law Firm of Hill & Ponton, 141 F. 

Supp. 2d 1349, 1355 (M.D. Fla. 2001). 

9. Additionally, Defendant, Holiday CVS, L.L.C., is a single member LLC, its sole 

managing member being CVS Pharmacy, Inc., which is a corporation incorporated under the 

laws of the State of Rhode Island with its principal place of business in Woonsocket, Rhode 

Island. See Fla. Division of Corporations 2020 Annual Report, attached hereto as Exhibit “4.” 

Therefore, Defendant, Holiday CVS, L.L.C. is a citizen of the state of Rhode Island. See

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Flintlock Const. Servs., LLC v. Well-Come Holdings, LLC, 710 F. 3d 1221, 1224 (11th Cir. 

2013) (“For the purpose of determining diversity jurisdiction, ‘a limited liability company is a 

citizen of any state of which a member of the company is a citizen.’” (quoting Rolling Greens 

MHP, L.P. v. Comcast SCH Holdings, L.L.C., 374 F. 3d 1020, 1022 (11th Cir. 2004))); 

Advanced Construction and Renovation, Inc. v. Mt. Hawley Ins. Co., 2018 WL 797073 at *2 

(S.D. Fla. Feb. 9, 2018) (“For purposes of diversity jurisdiction, a corporation shall be deemed to 

be a citizen of every state by which it has been incorporated and of the State where it has its 

principal place of business.”). 

10. Further, Target Corporation is a corporation incorporated under the laws of 

Minnesota with its principal place of business in Minneapolis, Minnesota. See Target 

Corporation’s 2020 Foreign Profit Corporation Amended Annual Report from Sunbiz attached as 

Exhibit “5.” Advanced Construction and Renovation, Inc. v. Mt. Hawley Ins. Co., 2018 WL 

797073 at *2 (S.D. Fla. Feb. 9, 2018) (“For purposes of diversity jurisdiction, a corporation shall 

be deemed to be a citizen of every state by which it has been incorporated and of the State where 

it has its principal place of business.”). 

11. Accordingly, this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332 

because the amount in controversy exceeds $75,000.00, exclusive of interests and costs and the 

action is between the Plaintiff, who is a citizen of Florida, and Defendants, who are citizens of 

Rhode Island and Minnesota. Removal to this Court is therefore proper pursuant to 28 U.S.C. § 

1441 given this Court's diversity jurisdiction. See 28 U.S.C. §§ 1332, 1441(a). 

12. Defense counsel for CVS has spoken to counsel for Target Corporation and they 

have agreed that this matter should be removed to Federal Court. 

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13. Pursuant to the procedural requirements for removal set forth in 28 U.S.C. § 

1446(d), CVS will file a Notice of Filing Notice of Removal with the Clerk of Court for the 

Seventeenth Judicial Circuit for Broward County, Florida and will provide written notice of this 

Notice of Removal to all parties via e-service. A copy of the Notice of Filing is attached hereto 

as Exhibit “6”. 

Dated: 8/15/2020 

Respectfully submitted, 

_/s/ Jacob J. Liro_______________ 

Jacob J. Liro, Esquire (32720) 

JLiro@wickersmith.com 

WICKER SMITH O’HARA 

 McCOY & FORD, P.A. 

2800 Ponce de Leon Boulevard 

Suite 800 

Coral Gables, FL 33134 

Telephone: (305) 448-3939 

Facsimile: (305) 441-1745 

Attorneys for Holiday CVS, LLC 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with 

the Clerk of Court using the CM/ECF system on August 15, 2020, and the foregoing 

document is being served this day on all counsel or parties of record on the Service List 

below, either via transmission of Notices of Electronic Filing generated by CM/ECF or in 

some other authorized manner for those counsel or parties who are not authorized to 

receive Notices of Electronic Filing. 

_/s/ Jacob J. Liro_______________ 

Jacob J. Liro, Esquire 

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SERVICE LIST 

Paul M. Adams, Esquire 

Schwed, Adams & McGinley, P.A. 

7111 Fairway Dr., Suite 105 

Palm Beach Gardens, FL 33418 

Telephone: (561) 694-6079 

Facsimile: (561) 694-6089 

eservice@schwedlawfirm.com

Thomas W. Paradise, Esquire 

Vernis & Bowling of Broward, P.A. 

5821 Hollywood Blvd., First Floor 

Hollywood, FL 33021 

Telephone: (954) 927-5330 

Facsimile: (954) 927-5320 

tparadise@florida-law.com

agarwood@florida-law.com

mpariti@florida-law.com

sgalvan@florida-law.com

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