UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

ARCHIE HOGAN JR., 

 Plaintiff, 

 Case No.: 4:20-CV-280 

v. 

3101 GINGER DRIVE OPERATIONS, LLC 

D/B/A HERITAGE HEALTHCARE 

CENTER AT TALLAHASSEE, 

 Defendant. 

______________________________________/ 

DEFENDANT’S NOTICE OF REMOVAL 

Defendant, 3101 Ginger Drive Operations, LLC, d/b/a Heritage Healthcare Center 

at Tallahassee (“Defendant”), gives notice of the removal of the above-styled action from 

the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida, to this 

Court. In accordance with 28 U.S.C. § 1446(a), Defendant submits the following short 

and plain statement regarding the grounds for removal. 

1. On February 2, 2020, Plaintiff, Archie Hogan (“Plaintiff”), filed a twocount complaint against Defendant in the Circuit Court of the Second Judicial Circuit, in 

and for Leon County, Florida. The clerk of that court assigned this action case number 

2020-CA-000222. 

2. On May 2, 2020, Plaintiff served Defendant with a summons and a copy 

of the complaint. 

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3. Plaintiff’s complaint contains two counts against Defendant for 

discrimination based upon race in violation of Chapter 760, Florida Statutes and for 

violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. 

4. This Court has original jurisdiction over all civil actions arising under the 

Constitution, laws, or treaties of the United States. See 28 U.S.C. § 1331. In this case, 

the Court has original jurisdiction over this action because Plaintiff alleges violations of 

his rights under the Fair Labor Standards Act. Therefore, this action is properly 

removable under 28 U.S.C. § 1331 and § 1441(a), which allows for removal of “any civil 

action brought in a State court of which the district courts of the United States have 

original jurisdiction.” 

5. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b). 

6. Defendant will file copies of all process, pleadings, and orders filed to date 

with the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida, 

simultaneously with this Notice of Removal. (See Exhibit A.) 

7. Defendant has provided written notice of the removal to Plaintiff and has 

filed, contemporaneously with this notice, the Notice of Filing Notice of Removal in the 

Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida. A copy of 

the Notice of Filing Notice of Removal is attached hereto as Exhibit B. 

8. Pursuant to 28 U.S.C. § 1446(b), this Notice of Removal is timely because 

it has been filed within thirty (30) days after Plaintiff served Defendant with his 

complaint. 

 

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served on 

this 27th day of May, 2020, via CM/ECF which will send an electronic notice of filing to 

the following: 

Marie A. Mattox 

Elena Komsky 

Marie A. Mattox, P.A. 

203 North Gadsden Street 

Tallahassee, Florida 32301 

marie@mattoxlaw.com 

elena@mattoxlaw.com 

Attorneys for Plaintiff 

 Respectfully submitted, 

 

/s/ Meghan C. McDonough 

Laura C. Datz 

 Florida Bar No.: 91386 

 laura.c.datz@consulatehc.com 

Meghan C. McDonough 

 Florida Bar No.: 89143 

 meghan.c.mcdonough@consulatehc.com 

 Consulate Health Care 

 Office of General Counsel 

 5102 West Laurel Street, Suite 700 

 Tampa, Florida 33607 

 Telephone: (813) 769-6280 

 Facsimile: (813) 769-6281 

 Attorneys for Defendant 

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