ACTIVE 48775797v1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

MARIA GARCIA ARGUELLO COSBY,

Plaintiff,

v. CASE NO. 

MHM HEALTH PROFESSIONALS, LLC

d/b/a CENTURION OF FLORIDA,

Defendant.

/

NOTICE OF REMOVAL

Defendant MHM Health Professionals, LLC f/k/a MHM Health 

Professionals, Inc. (“MHMHP”),

1 by and through its undersigned counsel, 

hereby gives notice of the removal of the above-styled action to the United 

States District Court for the Northern District of Florida, Panama City

Division, and states as follows:

I.

INTRODUCTION

1. This action is being removed pursuant to 28 U.S.C. § 1441(a) 

and (b) and 28 U.S.C. § 1332(a). 

 1 MHMHP was converted from a corporation to a limited liability company effective December 31, 2018.

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2. On August 16, 2019, a Complaint was filed in the Circuit Court of 

the Fourteenth Judicial Circuit in and for Washington County, Florida, by 

Plaintiff Maria Garcia Arguello Cosby (“Cosby”) against “MHM Health 

Professionals, LLC DBA Centurion of Florida.”

2

3. Cosby alleges discrimination based on national origin in violation 

of the Florida Civil Rights Act (“FCRA”), Chapter 760, Florida Statutes, and

retaliation in violation of the FCRA and § 448.101, et seq., Florida Statutes.

4. On January 29, 2020, Cosby served Plaintiff’s Verified Answers 

to Defendant’s First Set of Interrogatories. 

II.

PREREQUISITES TO REMOVAL

5. Written notice of the filing of this Notice of Removal has been 

given to all parties in this action, and a copy of the Notice of Removal will be 

filed promptly with the Clerk of Circuit Court of the Fourteenth Judicial Circuit 

in and for Washington County, Florida.

6. A true and legible copy of all process, pleadings, orders, and 

other papers or exhibits of every kind on file in the Circuit Court Action is 

attached as Composite Exhibit “A.”

 2 MHMHP does not do business as “Centurion of Florida.”

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III.

VENUE

7. Venue is proper in this Court because this action is being 

removed from Washington County Circuit Court which lies within the 

Northern District of Florida, Panama City Division. See 28 U.S.C. §§ 1441(a) 

and 1446(a).

IV.

DIVERSITY JURISDICTION

8. This Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332 

because this is a civil action in which the amount in controversy exceeds 

$75,000, exclusive of interest and costs, and is between citizens of different 

states. Therefore, the Court has original jurisdiction over this action pursuant 

to 28 U.S.C. § 1332.

V.

DIVERSITY CITIZENSHIP

9. Under 28 U.S.C. § 1441(b), a defendant may only remove an 

action from state court to federal court if the federal court would possess 

original jurisdiction over the subject matter. In the case at bar, the source of 

original jurisdiction is 28 U.S.C. § 1332, which grants federal district courts 

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jurisdiction over “all civil actions where the matter in controversy exceeds the 

sum or value of $75,000.00, exclusive of interest and costs, and is 

between...citizens of different states.”

10. Plaintiff is domiciled in Florida. See Compl. at ¶ 3.

11. MHMHP is a Delaware limited liability company with its principal 

place of business where its officers direct, control, and coordinate its 

activities at 1593 Spring Hill Rd., Suite 610, Vienna, Virginia. MHM Services, 

Inc. is the sole member of MHMHP. MHM Services, Inc. is a Delaware 

corporation with its principal place of business where its officers direct, 

control, and coordinate its activities at 7700 Forsyth Boulevard, St. Louis, 

Missouri. See Exhibit “B” at ¶¶ 4, 5 and 6.

VI.

AMOUNT IN CONTROVERSY

12. Plaintiff seeks legal and equitable relief including but not limited 

to, compensation for lost wages and benefits, attorneys’ fees and costs, and 

injunctive relief. See Compl., ¶¶ 53, 60, and 67. Plaintiff also alleges that the 

damages are continuing and permanent. See Compl., ¶¶ 53 and 60.

13. As noted above, On January 29, 2020, Cosby served Plaintiff’s 

Verified Answers to Defendant’s First Set of Interrogatories, in which Plaintiff 

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stated that her total economic damages are “87,230.72.” Plaintiff also 

alleged that she is:

[] entitled to damages relating to mental anguish, emotional distress, 

depression, anger, escalated levels of stress, feelings of helplessness, 

embarrassment, humiliation, loss of capacity for the enjoyment of life, 

and illness. I submit that the decision how much to award for these 

damages belongs to the jury and to the jury alone. 

I also claim entitlement to attorneys' fees and costs in this matter. 

Lost pay increases and bonuses, where applicable. 

Reinstatement of Plaintiff’s position, pay, fringe benefits, and tenure.

Plaintiff also seeks to recover front pay and back pay, as may be 

applicable.

Injunctive relief and other equitable relief as allowed by law.

Other damages may be made known to Plaintiff during the course of 

this action.

See Exhibit “C.” 

14. 28 U.S.C. § 1446 (b) provides, in pertinent part:

The notice of removal of a civil action or proceeding shall be filed within 

thirty days after receipt by the defendant, through service or otherwise, 

of a copy of the initial pleading setting forth the claim for relief upon 

which such action or proceeding is based, or within thirty days after the 

service of summons upon the defendant if such initial pleading has 

then been filed in court and is not required to be served on the 

defendant, whichever period is shorter. 

If the case stated by the initial pleading is not removable, a notice 

of removal may be filed within thirty days after receipt by the 

defendant, through service or otherwise, of a copy of an amended 

pleading, motion, order or other paper from which it may first be 

ascertained that the case is one which is or has become removable, 

except that a case may not be removed on the basis of jurisdiction 

conferred by section 1332 of this title more than 1 year after 

commencement of the action.

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15. Accordingly, this action became removable when Cosby served 

Plaintiff’s Verified Answers to Defendant’s First Set of Interrogatories and is 

being removed “within thirty days after receipt by the defendant ... of a copy 

of ... other paper” from which MHMHP first “ascertained that the case is one 

which ... has become removable.” 28 U.S.C. § 1446 (b). See Field v. Nat’l 

Life Ins. Co., 2001 U.S. Dist. LEXIS 5451 (M.D. Fla. Jan. 22, 2001) 

(“Plaintiff's answers to Defendant's interrogatories qualify as an "other 

paper" so as to trigger the removal provisions of § 1446(b)”); see also 

Johnson v. Leevers Supermarket, Inc., 2019 U.S. Dist. LEXIS 126640 (S.D. 

Fla. July 30, 2019) (“Answers to discovery requests—including responses to 

requests for admission and interrogatories—constitute “other paper” 

pursuant to the statute. Lowery v. Ala Power Co., 483 F.3d 1184, 1212 n.62 

(11th Cir. 2007) (citing Wilson v. Gen. Motors Corp., 888 F.2d 779, 780 (11th 

Cir. 1989) and Akin v. Ashland Chem. Co., 156 F.3d 1030, 1036 (10th Cir. 

1998)))”).

WHEREFORE, Defendant MHM Health Professionals, LLC removes

the above-styled action now pending against it in the Circuit Court of the 

Fourteenth Judicial Circuit in and for Washington County, Florida, to the 

United States District Court for the Northern District of Florida, Panama City

Division.

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Respectfully submitted,

/s/Catherine H. Molloy

Richard C. McCrea, Jr.

Florida Bar No. 351539

Email: mccrear@gtlaw.com

Catherine H. Molloy

Florida Bar No. 33500

Email: molloyk@gtlaw.com

Cayla M. Page

Florida Bar No. 1003487

Email: pagec@gtlaw.com

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard

Suite 1900

Tampa, Florida 33602

(813) 318-5700 – Telephone

(813) 318-5900 – Facsimile

Attorneys for Defendant

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on February 27, 2020, the foregoing 

document was sent electronically to: 

Marie A. Mattox

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

marie@mattoxlaw.com

michelle2@mattoxlaw.com

marlene@mattoxlaw.com

/s/Catherine H. Molloy

Attorney

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