IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

FT. LAUDERDALE DIVISION

Case No. 

FELICIA FOULKS, 

Plaintiff,

v.

FAMILY DOLLAR STORES OF 

FLORIDA, LLC.

Defendant.

___________________________________/ 

NOTICE OF REMOVAL

Defendant, Family Dollar Stores of Florida, LLC, (“Family Dollar”), by and through its 

undersigned counsel, hereby removes all further proceedings from the Circuit Court of the 17th 

Judicial Circuit in and for Broward County, Florida, to the United States District Court for the 

Southern District of Florida, Ft. Lauderdale Division. The basis for removal is as follows: 

I. THE PARTIES

1. Plaintiff, Felicia Foulks (“Foulks”), is an individual residing in Broward County, Florida,

and is therefore a citizen of the State of Florida. See Complaint. ¶ 2.

2. Defendant Family Dollar is a corporation organized and existing under the laws of the

Commonwealth of Virginia with its principal place of business in Virginia and is therefore

deemed to be a citizen of the Commonwealth of Virginia. See attached 2019 Foreign Profit

Corporation Annual Report attached as Exhibit “A”; see also Complaint attached hereto

in accordance with 28 U.S.C. § 1446(a) as Composite Exhibit “B,” ¶ 3.

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II. THE STATE COURT ACTION

3. On July 2, 2020, Foulks filed a Complaint (“Complaint”) against Family Dollar styled

Felicia Foulks v. Family Dollar Stores of Florida, LLC, bearing case number CACE-20-

010839, in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida

(“State Court Action”).

4. The Complaint alleges a single count of negligence related to an alleged injury suffered by

Foulks while visiting Family Dollar. Foulks seeks damages in excess of or in an amount of

$1,000,000. See Composite Ex. B, ¶ 1, Civil Cover Sheet in State Court.

5. Family Dollar was served with process on July 10, 2020. See Notice of Service of Process

attached hereto as Exhibit “C.” This Notice of Removal is timely under 28 U.S.C. §

1446(b) because it is filed within thirty (30) days of service of the Complaint on Family

Dollar.

6. Venue is proper in the Southern District of Florida, Ft. Lauderdale Division, under 28

U.S.C. § 1441(a) because the Circuit Court of the 17th Judicial Circuit in and for Broward

County, Florida, is within the Southern District of Florida, Ft. Lauderdale Division, and

because the events giving rise to this cause of action are alleged to have occurred in

Broward County, Florida. See Ex. B. Complaint ¶ 4.

III. FEDERAL DIVERSITY JURISDICTION EXISTS

7. This Court has original jurisdiction over this action under 28 U.S.C. § 1332, and Family

Dollar may remove the State-Court Action pursuant to 28 U.S.C. § 1441 because this is a

civil action between citizens of different states and the amount in controversy exceeds the

sum of Seventy-Five Thousand Dollars ($75,000.00), exclusive of interest and costs. See

Ex. B, ¶ 1

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8. Removal is effectuated pursuant to the provisions of 28 U.S.C. § 1441 and is timely under

the provisions of 28 U.S.C. § 1446(b) because less than thirty (30) days have passed since

Family Dollar was served with the Complaint.

A. Complete Diversity of Citizenship Exists Between Plaintiff and Defendant

9. Plaintiff has pled that she is a resident of Broward County, Florida. See Complaint ¶ 2.

Therefore, Foulks is a citizen of Florida.

10. Family Dollar is a corporation organized and existing under the laws of the Commonwealth

of Virginia, with its principal place of business in Virginia, and is therefore deemed to be

a citizen of the Commonwealth of Virginia. See, Exhibit “A,” pg. 1.

11. Because Plaintiff is a citizen of Florida, and Family Dollar is a citizen of the State of

Virginia, complete diversity of citizenship exists between the parties and the Complaint is

removable under 28 U.S.C. §§ 1332(a)(1), 1441 and 1446.

B. The Jurisdictional Amount in Controversy Required for Removal is Satisfied

12. The amount in controversy exceeds the sum or value of $75,000, exclusive of interest and

costs, as required by 28 U.S.C. § 1332(a). 

12. The Complaint does not allege a specific amount of damages; however, Plaintiff’s counsel

sent a pre-suit demand whereby Plaintiff’s comprehensive breakdown of damages was

$139,462.71.1

13. The amount of damages includes current medical bills in an amount of $139,462.71, as the

amount in controversy. Even if the Court only considers the current medical bills, for

purposes of establishing whether the jurisdictional amount is met, the Court will find that

1 “The Court ....must review the amount in controversy at the time of removal to determine whether 

Plaintiff’s claim meets this jurisdictional prerequisite.” Pease v. Medtronic Inc., 6 F. Supp. 2d 

1354, 1356 (S.D. Fla. 1998).

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the jurisdictional amount for removal is exceeded. The amount of the current bills is 

$139,462.71 which exceeds the required amount of $75,000.00 under 28 U.S.C. § 

1332(a). Attached hereto as Exhibit “D” is an affidavit from the undersigned relating to 

the review of the medical bills. The affidavit of defendant’s counsel may be considered by 

this Court. Katz v. J.C. Penny Corp, Inc., 2009 WL 1532129 (S.D. Fla. June 1, 2009). 

A defendant opposing remand may provide evidentiary support of its assertion of 

the jurisdiction amount in both the notice of removal and response to plaintiff’s 

motion to remand. Id. citing Lazo v. U.S. Airways, 2008 WL 3926430 (S.D. Fla. 

August 21, 2008). This evidentiary support may be in the form of an affidavit. 

Id. Consideration is proper especially where the information contained in the Affidavit 

is from the Plaintiffs’ pre-suit demand package. Id. 

14. Accordingly, the amount in controversy requirement under 28 U.S.C. § 1332(a) has been

met, and the Complaint is removable pursuant to 28 U.S.C. §§ 1332(a)(1), 1441, and 1446. 

IV.NOTICE OF REMOVAL

15. This Notice of Removal has been emailed and mailed contemporaneously to Plaintiff’s

attorney, and a Notice of Removal has been filed with the Clerk of the Circuit Court of the 17th

Judicial Circuit, in and for Broward County, pursuant to 28 U.S.C. § 1446(d). 

V. ATTACHMENTS TO NOTICE OF REMOVAL

16. Attached to this Notice of Removal are the following documents:

Exhibit “A”: Division of Corporations records for Family Dollar Stores of Florida, LLC.

Exhibit “B”: Plaintiff’s Complaint, Summons and Civil Cover Sheet

Exhibit “C”: Notice of Service of Process

Exhibit “D”: Affidavit from Defense Counsel

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VI.CONCLUSION

17. By this notice and attachments, Family Dollar does not waive any defenses or objections

it may have in this action. Likewise, Family Dollar intends no admissions of fact, law or 

liability by this notice, and reserves all defenses, motions and pleas. At this time, Family 

Dollar requests only that this action be removed to this Court, that all further proceedings in 

state court be stayed, and that Family Dollar obtain all additional relief to which it is entitled. 

WHEREFORE, Defendant, Family Dollar Stores of Florida, LLC, pursuant to 28 U.S.C. 

§§ 1332, 1441, and 1446, hereby removes this action from the 17th Judicial Circuit in and for

Broward County, to the United States District Court for the Southern District of Florida, Ft. 

Lauderdale Division. 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 30th day of July 2020, I electronically filed the 

foregoing document with the Clerk of Court using CM/ECF. I also certify the foregoing document 

is being served this day on all counsel of record or pro se parties identified in the matter specified, 

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 electronic Notices 

of Electronic Filing. 

ALMAZAN LAW

Counsel for Family Dollar

7901 Ludlam Road, Suite 100 

Miami, Florida 33143 

Tel: (305) 665-6681

Fax: (305) 665-6684

Service: eFile@almazanlaw.com

By: /s/Johanna Castellon-Vega

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ALEXANDER P ALMAZAN

Florida Bar No.: 159166 

Aalmazan@almazanlaw.com 

JOHANNA CASTELLON-VEGA

Florida Bar No.: 58345 

jvega@almazanlaw.com 

DANIEL A. ESPINOSA

Florida Bar No.: 81686 

despinosa@almazanlaw.com 

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