COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 890 SOUTH PALAFOX STREET, SUITE 200 - PENSACOLA, FLORIDA 32502 - (850) 483-5900 (850) 438-6969 FAX

IN THE UNITED STATES DISTRICT COURT

FOR THE NOTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

PATRICIA PITTS,

Plaintiff, CASE NO.:

v.

PALAZZO OWNERS ASSOCIATION, INC.

Defendants.

_______________________________/ 

DEFENDANT’S NOTICE OF REMOVAL 

TO UNITED STATES DISTRICT COURT

Defendant, PALAZZO OWNERS ASSOCIATION, INC., by and through its 

undersigned counsel and pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, hereby 

files this Notice of Removal of this cause from the Circuit Court of the First Judicial 

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

Northern District of Florida, Panama City Division, and allege as follows:

BACKGROUND OF CASE

AND TIMELINESS OF REMOVAL

1. On August 25, 2020, PATRICIA PITTS (“Plaintiff”) commenced a 

civil action, entitled Patricia Pitts v. Palazzo Owners Association, Inc., by filing a 

Complaint in the Circuit Court of the Fourteenth Judicial Circuit in and for Bay 

County, Florida (the “State Court Action”). A true and correct copy of the 

Case 5:20-cv-00254-TKW-MJF Document 1 Filed 09/24/20 Page 1 of 8
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COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 890 SOUTH PALAFOX STREET, SUITE 200 - PENSACOLA, FLORIDA 32502 - (850) 483-5900 (850) 438-6969 FAX

Complaint in the State Court Action is attached hereto as Exhibit “A.” Defendant 

denies the allegations asserted in the Complaint.

2. This matter concerns a claim for personal injuries arising from a fall 

down a flight of stairs on Defendant’s property. The Complaint in the State Court 

Action seeks, inter alia, damages for personal injury with general allegations of 

damages to meet the jurisdictional threshold for Florida Circuit Court. 

3. Under 28 U.S.C. § 1441(a), “any civil action brought in a State court of 

which the district courts of the United States have original jurisdiction, may be 

removed by the defendant or the defendants, to the district court of the United States 

for the district and division embracing the place where such action is pending.” 

4. The basis for this removal to federal court is diversity of citizenship 

pursuant to 28 U.S.C. § 1332 because (1) there is complete diversity of citizenship 

between Plaintiff and all properly named Defendant, and (2) the amount in 

controversy exceeds $75,000.00 with respect to Plaintiff’s claims against Defendant.

5. Pursuant to 28 U.S.C. § 1446(b)(3), this removal is timely because 

Defendant has filed this Notice of Removal within 30 days of service of the 

Complaint setting forth the claim for relief upon which such action or proceeding is 

based. See Murphy Bros. v. Michetti Pipe Stringing, 526 U.S. 344 (1999). Thus, 

this removal is timely.

Case 5:20-cv-00254-TKW-MJF Document 1 Filed 09/24/20 Page 2 of 8
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COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 890 SOUTH PALAFOX STREET, SUITE 200 - PENSACOLA, FLORIDA 32502 - (850) 483-5900 (850) 438-6969 FAX

THIS COURT HAS SUBJECT MATTER

JURISDICTION UNDER 28 U.S.C. § 1332

1. Pursuant to 28 U.S.C. § 1441(a), a “civil action brought in a State court 

of which the district courts of the United States have original jurisdiction, may be 

removed by the defendant or defendants.” As explained below, this Court has 

original jurisdiction over this civil action under 28 U.S.C. § 1332(a)(2) because “the 

matter in controversy exceeds the sum or value of $75,000, exclusive of interest and 

costs, and is between . . . citizens of a State and citizens or subjects of a foreign 

state.” 28 U.S.C. § 1332(a)(2). 

COMPLETE DIVERSITY OF CITIZENSHIP EXISTS

2. Plaintiff, Patricia Pitts, resides in Baton Rouge, Louisiana, and is 

domiciled in the State of Louisiana. Therefore, for jurisdictional purposes, Plaintiff 

is a citizen of the State of Louisiana.

3. Defendant, Palazzo Owners Association, Inc., is a corporation, 

incorporated in Florida. Its headquarters are located in Panama City, Bay County, 

Florida. Therefore, for jurisdictional purposes, Defendant is a Citizen of Florida. 

4. Accordingly, there is complete diversity of citizenship between the

parties to this action under 28 U.S.C. § 1332(a)(2) because Plaintiff is a citizen of 

Louisiana and Defendant is a citizen of Florida. 

Case 5:20-cv-00254-TKW-MJF Document 1 Filed 09/24/20 Page 3 of 8
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COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 890 SOUTH PALAFOX STREET, SUITE 200 - PENSACOLA, FLORIDA 32502 - (850) 483-5900 (850) 438-6969 FAX

THE AMOUNT IN CONTROVERSY EXCEEDS $75,000

5. When a plaintiff files in state court a civil action over which the federal 

district courts would have original jurisdiction based on diversity of citizenship, the 

defendant or defendants may remove the action to federal court.” Caterpillar, Inc. 

v. Williams, 519 U.S. 61, 68 (1996).

6. In 2011, Congress passed the Federal Courts Jurisdiction and Venue 

Clarification Act (“JVCA”), which “clarifies the procedure in order when a 

defendant’s assertion of the amount in controversy is challenged.” Dart Cherokee 

Basin Operating Co., LLC v. Owens, 135 S.Ct. 547, 554 (2014). 

7. As a general rule under the JVCA, when removal is based upon 

diversity of citizenship jurisdiction, “the sum demanded in good faith in the initial 

pleading shall be deemed to be the amount in controversy.” 328 U.S.C. § 1446(c)(2). 

However, as an exception to the rule, notices of removal may assert the amount in 

controversy of the initial pleadings seeks a money judgment, “but the State practice 

either does not permit demand for a specific sum or permits recovery of damages in 

excess of the amount demanded” and “the district court finds, by the preponderance 

of the evidence, that the amount in controversy exceeds the amount specified in 

section 1332(a).” Id. §§ 1446(c)(2)(A), (B).

8. Notices of removal must plausibly allege the jurisdictional amount 

under 28 U.S.C. § 1332, not prove the amount. Dart, 135 S.Ct. at 554.

Case 5:20-cv-00254-TKW-MJF Document 1 Filed 09/24/20 Page 4 of 8
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COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 890 SOUTH PALAFOX STREET, SUITE 200 - PENSACOLA, FLORIDA 32502 - (850) 483-5900 (850) 438-6969 FAX

9. While the Complaint does not specifically quantify Plaintiffs’ damages 

in accordance with State practices, the Plaintiff’s attorney will likely allege the 

amount in dispute exceeds the jurisdictional threshold of this Court, exclusive of 

interest and cost.

10. Based upon the foregoing, the preponderance of the evidence indicates 

that the amount in controversy exceeds the sum of $75,000.00, as provided in 28

U.S.C. § 1332.

ALL PROCEDURAL REQUIREMENTS 

FOR REMOVAL HAVE BEEN SATISFIED

11. Pursuant to 28 U.S.C. § 1446(a), a true and correct “copy of all process, 

pleadings, and orders served upon” Defendant in the State Court Action have been 

filed concurrently with this Notice of Removal in accordance with the local rules. 

12. In Collings v. E-Z Serve Convenience Stores, Inc., 936 F. Supp. 892, 

894-95 (N.D. Fla. 1996), Judge Vinson reasoned that application of the first served 

rule constituted an inequitable denial of a litigant’s right to remove a case. Reading 

§1446(a) in parity with Rule 11, the district court held that each defendant must be 

allowed a full 30 days “[t]o investigate the appropriateness of removal.” To rule 

otherwise “[o]pens the way for the plaintiff to deliberately avoid removal by delayed 

service upon a defendant anticipated to seek removal.” The court further held that 

the initially served defendant who allowed the 30-day time period to run may join 

with a subsequently served defendant’s removal petition.

Case 5:20-cv-00254-TKW-MJF Document 1 Filed 09/24/20 Page 5 of 8
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COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 890 SOUTH PALAFOX STREET, SUITE 200 - PENSACOLA, FLORIDA 32502 - (850) 483-5900 (850) 438-6969 FAX

13. As noted above, this Notice of Removal has been filed within thirty 

(30) days of the date that Defendant was served with the Plaintiff’s Complaint, and, 

therefore, this Notice of Removal is timely under 28 U.S.C. § 1446(b)(1).

14. The Panama City Division of the United States District Court for the 

Northern District of Florida is the judicial district embracing the place where the 

State Court case was brought and is pending and is, thus, the proper District Court 

to which this case should be removed. See 28 U.S.C. §§ 89(c), 1441(a) & 1446(a). 

Moreover, Panama City is the proper division within the Northern District of Florida 

to which the case should be removed since Defendant is domiciled in Florida as a 

resident of Bay County and Plaintiff alleges that all relevant actions took place in 

Bay County. See, 28 U.S.C. §§ 1441(a), (e) & 1446(a); Exhibit “A”. Promptly after 

filing this Notice of Removal, Defendant will provide written notice to Plaintiff, 

through their counsel, and will file a copy of this Notice of Removal with the Clerk 

of the Court for Bay County, Florida, as required by 28 U.S.C. § 1446(d). 

15. This Notice of Removal is signed pursuant to Rule 11 of the Federal 

Rules of Civil Procedure. See 28 U.S.C. § 1446(a). 

16. There are no pending motions or orders on file in the State Court action 

in Case No.: 20001532CA.

17. Additionally, this Notice of Removal is being filed within one year 

from commencement of the action as required by 28 U.S.C. § 1446(b).

Case 5:20-cv-00254-TKW-MJF Document 1 Filed 09/24/20 Page 6 of 8
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COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 890 SOUTH PALAFOX STREET, SUITE 200 - PENSACOLA, FLORIDA 32502 - (850) 483-5900 (850) 438-6969 FAX

18. The undersigned counsel represents and is authorized to represent that 

the Defendant consents to the removal of this action. The undersigned counsel is 

Attorney of Record for Defendant and is authorized to act on behalf of Defendant in 

seeking Removal of this cause to the United States District Court, Northern District 

of Florida, Panama City Division. 

19. By this Notice of Removal, Defendant does not waive any objections 

or defenses it may have as to service of process, jurisdiction, or venue, or any other 

defenses or objections they may have to this action. Defendant intends no 

admissions of fact, law, or liability by this Notice of Removal, and expressly reserve 

all objections, defenses and motions.

WHEREFORE, Defendant hereby removes this action from the Circuit 

Court of the Fourteenth Judicial Circuit in and for Bay County, Florida, to the United 

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

Dated: September 24, 2020.

COLE, SCOTT & KISSANE, P.A.

Counsel for Defendants BIG LOTS, INC. and 

BOND MANUFACUTRING CO., INC.

890 South Palafox Street, Suite 200

Pensacola, Florida 32502

Telephone (850) 483-5900

Facsimile (850) 438-6969

E-mail: randall.rogers@csklegal.com

E-mail: aaron.mccurdy@csklegal.com

E-mail: roxane.hale@csklegal.com

Case 5:20-cv-00254-TKW-MJF Document 1 Filed 09/24/20 Page 7 of 8
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COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 890 SOUTH PALAFOX STREET, SUITE 200 - PENSACOLA, FLORIDA 32502 - (850) 483-5900 (850) 438-6969 FAX

By: s/ Aaron T. McCurdy

RANDALL G. ROGERS

Florida Bar No.: 0195626

AARON T. McCURDY

Florida Bar No.: 0106499

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been 

furnished, via electronic delivery and U.S. Mail, on this 24th day of September, 2020, 

to the following: Clifford C. Higby, Esq., Kevin D. Barr, Esq., Bryant & Higby, & 

Barr, Chartered, chigby@bryanthigby.com, kbarr@bryanthigby.com, 

jarmstrong@bryanthigby.com, tbenner@bryanthigby.com, P.O. Box 860, Panama 

City, FL 32402, (850) 763-1787/(850) 785-1533 (F), Attorneys for Plaintiff.

COLE, SCOTT & KISSANE, P.A.

Counsel for Defendant Palazzo Owners 

Association, Inc.

890 South Palafox Street, Suite 200

Pensacola, Florida 32502

Telephone (850) 483-5900

Facsimile (850) 438-6969

E-mail: randall.rogers@csklegal.com

E-mail: aaron.mccurdy@csklegal.com

E-mail: roxane.hale@csklegal.com

By: s/ Aaron T. McCurdy

RANDALL G. ROGERS

Florida Bar No.: 0195626

AARON T. McCURDY

Florida Bar No.: 0106499

Case 5:20-cv-00254-TKW-MJF Document 1 Filed 09/24/20 Page 8 of 8