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SAAVEDRA | GOODWIN

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI-DADE DIVISION

STONE TECHNOLOGY (HK) CO., LTD.,

an HK COMPANY,

CASE NO.: 1:20-cv-23251

Plaintiff,

v State Court Case No.: 2020-014350-CA-01

GLOBAL GEEKS, INC.,

a New Jersey Corporation.

Defendant.

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NOTICE OF REMOVAL

Defendant, GLOBALGEEKS, INC. (“Defendant”), by and through undersigned counsel, 

files this Notice of Removal in the above-captioned matter, currently pending in the Circuit Court 

of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. This removal is made 

pursuant to 28 U.S.C. §§ 1332 and 1441. Removal is proper because there is diversity of 

citizenship, and an aggregate amount in controversy that exceeds $75,000, exclusive of interest 

and costs. 

BACKGROUND

1. On July 8, 2020, Plaintiff, STONE TECHNOLOGY (HK) CO., LTD., filed the

removed case, Stone Technology, (HK) Co., Ltd.s v. GlobalGeeks, Inc., Case No.: 2020-014350-

CA-01, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, 

Florida. 

2. Plaintiff served the Complaint on Defendant, GLOBAL GEEKS, INC., on July 9,

2020. 

3. Plaintiff served an Amended Complaint on Defendant on July 24, 2020.

4. The basis of Plaintiff’s breach of contract claim involves two purchase order

agreements executed between Plaintiff and Defendant for the purchase of 3-ply masks. The first 

purchase order agreement, PO82811, called for the purchase of 2,462,500 3-ply masks for a total 

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SAAVEDRA | GOODWIN

purchase price of $492,500.00 USD. The second purchase order agreement, PO82813, called for 

the purchase of 817,000 3-ply masks for a total purchase price of $163,400.00 USD.

5. The Purchase Agreements for both PO82811 and PO82813 were attached to the 

Complaint and Paragraph 24 of both Purchase Agreements contains a New Jersey choice of law 

provision and contains a jurisdiction provision providing that disputes may be brought in either 

the New Jersey or Florida court system.

6. In accordance with Local Rule 7.2 and pursuant to 28 U.S.C. § 1446(a), true and 

legible copies of all papers on file with the state court are attached hereto as Exhibit 1. These 

papers include Plaintiff’s original Complaint, the accompanying service documents, and Plaintiff’s 

Amended Complaint. Defendant has not yet filed its answer to Plaintiff’s Amended Complaint 

filed July 24, 2020 in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade 

County, Florida. Defendant is not aware of any other pending motions or brief. 

7. Pursuant to 28 U.S.C. § 1446(d), Defendant is serving written notice of the removal 

of this case on Plaintiff’s counsel, and a copy will be promptly filed with the Clerk of the Eleventh 

Judicial Circuit in Miami-Dade County, Florida. A true and correct copy of the Notice of Filing 

Notice of Removal being filed on this date in the Eleventh Judicial Circuit is attached within 

Exhibit 1. 

8. Nothing in this Notice shall constitute a waiver of Defendant’s right to assert any 

defense, including a motion to dismiss, as the case progresses. 

VENUE

9. Venue is proper under 28 U.S.C. § 1141(a) because this Court is the United States 

District Court for the district and division embracing the place where the state court was pending.

REMOVAL IS TIMELY

10. The removal is timely under 28 U.S.C. § 1446(b). Plaintiff filed its 

Complaint on July 8, 2020. Plaintiff served the Complaint on Defendant on July 9, 2020. See

Exh. 1. Defendant filed this Notice of Removal within thirty (30) days of service, as required by 

law. Accordingly, removal is timely as it falls within this thirty-day period. 

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BASIS FOR REMOVAL OF JURISDICTION

11. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1332 and 1441.

12. First, there is diversity between the Plaintiff and Defendant.

13. The Plaintiff is an active company incorporated in Hong Kong, and maintaining 

offices in Palmetto Bay, Florida. Defendant is a Corporation incorporated in the State of New 

Jersey. 

14. A corporation is a citizen of the state in which it has been incorporated and where 

it has its principal place of business. 28 U.S.C. § 1332(c)(1). Plaintiff recognizes, they are an entity 

of a foreign state conducting business and maintaining offices in the State of Florida.

15. Because Plaintiff is a citizen of Hong Kong (a foreign state) and Defendant is not 

a citizen of Florida, the parties are minimally diverse. 

16. Second, the aggregate amount in controversy exceeds $75,000.00 exclusive of 

interest and costs. 28 U.S.C. § 1332(a). See Complaint Exh.1. 

17. “The amount in controversy is not proof of the amount the plaintiff will recover. 

Rather, it is an estimate of the amount that will be put at issue in the course of the litigation.” Id. 

(quoting and citing McPhail v. Deere & Co., 529 F.3d 947, 956 (10th Cir.2008)). Indeed, “for the 

purposes of jurisdiction, what is actually recoverable is irrelevant; instead, it is the amount Plaintiff 

is seeking, and therefore putting in controversy, that is determinative.” Kilmer v. Stryker Corp., 

2014 WL 5454385, at *4 (M.D. Fla. Oct. 27, 2014).

CONCLUSION

1. Pursuant to 28 U.S.C. §§ 1332 and 1441 hereby removes the above-captioned 

matter from the Circuit Court of the Thirteenth Judicial Circuit in and for Miami-Dade County, 

Florida, to the United States District Court for the Southern District Court of Florida, Miami-Dade 

Division. 

{Certificate of Service Attached}

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via EService to: Jianyin Liu, Esq.,The Law Offices of James Liu, PLLC, 15750 SW 92nd Ave, Unit 20C, 

Palmetto Bay, FL 33157 (jamesliulaw@gmail.com) on this 5th day of August, 2020.

By: /s/ Glen M. Lindsay_________

Glen M. Lindsay, Esq.

Florida Bar Number: 59200

Email: GLindsay@saavlaw.com

Attorneys for Plaintiff

SAAVEDRA | GOODWIN

312 SE 17th Street, Second Floor

Fort Lauderdale, Florida 33316

Tel: (954) 767-6333 | Fax: (954) 767-8111

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