UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:20-cv-22758

GABY MALDONADO,

 Plaintiff,

vs.

MACY’S FLORIDA STORES, LLC and 

L’OREAL USA, INC.,

 Defendants.

DEFENDANT’S NOTICE OF REMOVAL

Defendant, L’OREAL USA, INC. (“L’OREAL”), pursuant to 28 U.S.C. § 1441, hereby 

removes to this Court the cause of action currently pending in the Circuit Court of the Eleventh 

Judicial Circuit in and for Miami-Dade County, Florida styled Gaby Maldonado v. Macy’s Florida 

Stores, LLC, et al., Case No. 19-024430 CA 22, and says:

Introduction

1. Jurisdiction is proper in this Court pursuant to 28 U.S.C. §1332.

2. This action was commenced against L’OREAL and MACY’S FLORIDA 

STORES, LLC (“Macy’s”) in the Circuit Court of the Eleventh Judicial Circuit in and for MiamiDade County, Florida, when Plaintiff filed her Second Amended Complaint. A true and correct 

copy of Plaintiff’s Second Amended Complaint is attached hereto as Exhibit “A”.1

1 Plaintiff commenced her initial lawsuit against Macy’s Florida Stores, LLC in August 2019. 

Thereafter, Plaintiff filed a First Amended Complaint adding Estee Lauder, Inc. as a partyDefendant. The Second Amended Complaint is the first time L’OREAL has been named as a partyDefendant.

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3. L’OREAL was served with Plaintiff’s Second Amended Complaint on June 3, 

2020. A true and correct copy of the Notice of Service of Process and Summons is attached as 

Exhibit “B”.

Removal is Proper Because there is Complete Diversity of Citizenship

4. Plaintiff’s Second Amended Complaint purports to state a cause of action for 

negligence related to a fall off a table (while getting a facial) allegedly resulting in serious and 

permanent injuries to Ms. Maldonado. (See Ex. “A”). Plaintiff’s Second Amended Complaint 

seeks damages against L’OREAL for an amount exceeding $30,000.00, the minimum 

jurisdictional threshold for circuit court in Florida, exclusive of interest and costs. (See Id. at ¶¶ 1, 

17-26).

5. This action may be removed to this Court pursuant to 28 U.S.C. § 1441(a), which 

provides for the removal of any civil action “brought in a State court of which the district courts 

of the United States have original jurisdiction . . ..”

6. This is a civil action in which this Court has original jurisdiction pursuant to 28 

U.S.C. § 1332(a)(1) because there is complete diversity of citizenship between Plaintiff, 

L’OREAL, and Macy’s and the matter in controversy exceeds $75,000.00, exclusive of interests 

and costs.

7. At the time this action was filed and at the time of filing this Notice of Removal, 

Plaintiff was, and is, a citizen of Florida. (See Ex. “A” at ¶ 2).

8. At the time the action was filed and at the time of filing this Notice of Removal, 

L’OREAL was, and is, a Delaware corporation, with its principal place of business in New York. 

(See Detail by Entity Name from Florida Department of State, Division of Corporations, attached 

hereto as Exhibit “C”). 

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9. At the time the action was filed and at the time of filing this Notice of Removal, 

Macy’s was, and is, an Ohio corporation, with its principal place of business in Ohio2. (See Detail 

by Entity Name from Florida Department of State, Division of Corporations, attached hereto as 

Exhibit “D”). 

10. Accordingly, diversity of citizenship exists under 28 U.S.C. § 1332(a)(1) because 

this action is between citizens of different states. 

11. Further, the amount in controversy exceeds the sum or value of $75,000.00, 

exclusive of interest and costs. According to the allegations of the Second Amended Complaint, 

Ms. Maldonado was damaged by L’OREAL’s negligence and caused to suffer serious and 

permanent injuries. (See Ex. “A” at ¶¶ 1, 17-26). Ms. Maldonado’s counsel also advised the 

undersigned that he could not stipulate that damages are under the $75,000.00 jurisdictional 

threshold since Plaintiff has suffered a myriad of injuries to her head, neck, shoulder, and back, 

including herniations, with approximately $30,000-plus in medicals alone. 

12. Cases in Florida out of the 11th Judicial Circuit, involving herniations, regularly 

result in verdicts and/or settlements in excess of $75,000. (See Jury Verdict Reports involving 

claimed herniations without surgery, all resulting in settlements/verdicts in excess of $100,000). 

Procedural Requirements

13. This notice of removal is being properly filed in the Southern District of Florida, 

since this is the district court of the United States within which the state court action is pending. 

See 28 U.S.C. § 1446(a).

14. This notice of removal is being timely filed with this Court within thirty (30) days 

after L’OREAL was served with Plaintiff’s Second Amended Complaint. See 28 U.S.C. § 1446(b).

2 Counsel for Macy’s confirmed that Macy’s has no objection to the instant removal.

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15. A copy of this notice of removal is being filed with the state court where this action 

is pending and notice thereof is being given to all adverse parties “promptly after” the filing of the 

notice in this Court. See 28 U.S.C. § 1446(d).

16. Pursuant to 28 U.S.C. § 1446(a), attached hereto as Exhibit “A” and Exhibit “B” 

are true and correct copies of Plaintiff’s Second Amended Complaint and the Notice of Service of 

Process and Summons indicating service on L’OREAL, respectively. Further, all other documents 

appearing on the state court docket are attached hereto as Composite Exhibit “E”.

No Waiver of Defenses nor Admission of Plaintiffs’ Allegations

17. By filing this notice of removal, L’OREAL does not (a) waive any available 

defenses or (b) admit any allegations set forth in Plaintiff’s Second Amended Complaint.

WHEREFORE, Defendant L’OREAL USA, INC. respectfully requests that this Court 

exercise jurisdiction over this action. 

Dated: July 3, 2020 Respectfully submitted,

Boca Raton, FL

SHAPIRO, BLASI, WASSERMAN & HERMANN,P.A.

Attorneys for Defendant

7777 Glades Road

Suite 400

Boca Raton, FL 33434

Telephone: (561) 477-7800

Facsimile: (561) 477-7722 

 By: s/ Robert E. Sacks

ROBERT E. SACKS ESQ.

Florida Bar No. 388970

rsacks@sbwh.law

sfiero@sbwh.law

floridaservice@sbwh.law

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CERTIFICATE OF SERVICE

I hereby certify that on July 3, 2020, I electronically filed the foregoing document with the 

Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this 

day on all counsel on the Service List below via email transmission.

s/ Robert E. Sacks 

ROBERT E. SACKS, ESQ.

SERVICE LIST

William C. Ruggiero, Esq.

Email: ruggiero@wcrlaw.com 

Law Offices of William C. Ruggiero

200 South Andrews Ave., Suite 703

Fort Lauderdale, Florida 33301

Robert J. Squire, Esq. 

Rahysa Vargas, Esq.

Email: rsquire@rlattorneys.com

Email: rvargas@rlattorneys.com

Resnick & Louis, P.C.

444 Brickell Ave., Suite 300

Miami FL 33131

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