IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

ARLEN AVEDYAN,

individually and on behalf of all

others similarly situated,

Plaintiff,

vs. CASE NO.

STEEL SUPPLEMENTS, INC.,

Defendant.

/

NOTICE OF REMOVAL OF A CIVIL ACTION

Defendant, STEEL SUPPLEMENTS, INC. (“Steel Supplements”), hereby removes the 

state court action entitled “Arlen Avedyan v. Steel Supplements, Inc.,” bearing Case No. 2020-

003209-CA-01, pending in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida,

to the United States District Court for the Southern District of Florida, Miami Division, and in 

support thereof states as follows.

Notice of Removal is Timely

1. Plaintiff Arlen Avedyan (“Plaintiff”) filed the referenced state court action against 

Steel Supplements on February 11, 2020. A true and accurate copy of the summons and Class 

Action Complaint and Demand for Jury Trial (the “Complaint”), together with a copy of all other 

process, pleadings, and orders, if any, are attached hereto as Composite Exhibit 1, as required by 

28 U.S.C. § 1446(a).

2. Steel Supplements was served with the state court summons and Complaint on or 

about July 8, 2020. Thirty days have not elapsed since Steel Supplements received the

Complaint, and removal is timely under 28 U.S.C. §§ 1441 and 1446.

Case 1:20-cv-23117-BB Document 1 Entered on FLSD Docket 07/28/2020 Page 1 of 3
2

Jurisdiction and Venue

3. In the Complaint, Plaintiff alleges Steel Supplements violated the Telephone 

Consumer Protection Act, 47 U.S.C. §§ 227 et seq. (the “TCPA”). 

4. Because Plaintiff’s action arises under the laws of the United States, this Court 

has original jurisdiction pursuant to 28 U.S.C. § 1331.

5. Plaintiff filed the state court action in the Eleventh Judicial Circuit in and for 

Miami-Dade County, Florida, which is located within the venue of the United States District 

Court for the Southern District of Florida, Miami Division. Accordingly, removal to this Court is 

proper pursuant to 28 U.S.C. § 1446(a) because it is “the district court of the United States for 

the district and division within which [the] action is pending.” Moreover, Plaintiff alleges in 

paragraphs 19-20 of the Complaint that he received the allegedly offending text messages in 

Miami-Dade County. See 28 U.S.C. § 1391(b)(2). 

6. Promptly after filing this Notice of Removal, written notice hereof will be given 

to Plaintiff and will be filed with the Clerk of Court for the Eleventh Juridical Circuit in and for 

Miami-Dade County, Florida, in conformity with 28 U.S.C. § 1446(d).

WHEREFORE, Steel Supplements, Inc. prays that this Notice of Removal be accepted as 

good and sufficient and that the aforementioned action, Case No. 2020-003209-CA-01, pending 

in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, be removed to the 

United States District Court for the Southern District of Florida for further proceedings as 

provided by law.

Case 1:20-cv-23117-BB Document 1 Entered on FLSD Docket 07/28/2020 Page 2 of 3
3

Respectfully submitted,

FREEBORN & PETERS LLP

/s/ Sarah A. Gottlieb

Jason P. Stearns

Fla. Bar No. 059550

Sarah A. Gottlieb

Fla. Bar No. 125232

201 North Franklin Street, Suite 3550

Tampa, FL 33602

Telephone: (813) 488-2920

Email: jstearns@freeborn.com

Email: sgottlieb@freeborn.com

Counsel for Defendant Steel Supplements, 

Inc.

CERTIFICATE OF SERVICE

I hereby certify that on July 28, 2020, a copy of the foregoing Notice of Removal was 

electronically filed with the United States District Court for the Southern District of Florida. A 

copy was also served upon the following attorney of record for Plaintiff by e-mail:

Andrew J. Shamis

Shamis & Gentile, P.A.

14 NE 1st Avenue, Suite 1205

Miami, FL 33132

Telephone: (305) 479-2299

Email: ashamis@shamisgentile.com

Counsel for Plaintiff

/s/ Sarah A. Gottlieb

Sarah A. Gottlieb

Case 1:20-cv-23117-BB Document 1 Entered on FLSD Docket 07/28/2020 Page 3 of 3