UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

SALLIE POWELL, ) 

 ) 

 Plaintiff, ) 

vs. ) Case No. __________________ 

 ) 

HOSPITAL HOUSEKEEPING ) 

SYSTEMS, LLC ) 

 ) 

 Defendant. ) 

____________________________________ ) 

NOTICE OF REMOVAL 

Defendant, HOSPITAL HOUSEKEEPING SYSTEMS, LLC (“HHS” or 

“Defendant”), notifies the Court, pursuant to 28 U.S.C. §§ 1441 and 1446(a), of the 

removal of the action styled Sallie Powell v. Hospital Housekeeping Systems, LLC, 

Case No. 2018-CA-001207, filed in the Circuit Court of the Second Judicial 

Circuit in and for Leon County, Florida (the “State Court Action”) to the United 

States District Court for the Northern District of Florida. 

 Defendant removes this case on the grounds of the Court’s original federal 

question jurisdiction, as Plaintiff asserts claims under the statutory laws of the 

United States, 28 U.S.C. § 1331, 1441(b). Defendant states as follows: 

1. Plaintiff filed the State Court Action on May 30, 2018. Plaintiff 

originally filed a two-count Complaint alleging age and disability discrimination 

under Chapter 760, Florida Statutes. However, Plaintiff failed to comply with the 

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administrative remedies as required by the Florida Civil Rights Act, and Plaintiff 

consented to the Court’s granting of Defendant’s Motion for Summary Judgment 

on those claims. 

2. On February 4, 2019, Plaintiff attempted to file an Amended 

Complaint without leave of Court. The Amended Complaint attempted to change 

Plaintiff’s claims from violations of Florida’s Civil Rights Act to violations of 

federal law. However, because Plaintiff filed the Amended Complaint without 

leave of court, the Amended Complaint was a legal nullity. 

3. On June 11, 2019, Plaintiff filed a Motion for Leave to File Amended 

Complaint and Memorandum of Law (the “Motion for Leave”). Defendant 

opposed the Motion for Leave because by the time the Motion for Leave was filed, 

Plaintiff’s federal claims were also time-barred. 

4. After more than a year of litigating the Motion for Leave, on July 31, 

2020, the State Court entered an order granting Plaintiff’s Motion for Leave such 

that Plaintiff was, for the first time, asserting federal claims against Defendant. 

5. “[A] proposed amended complaint asserting a new federal claim is 

not sufficient [for removal] because until the state court grants leave to file ... there 

is not a federal claim actually pending-and thus no original jurisdiction in 

the federal courts.” White v. PDB State Farm Mut. Auto. Ins. Co., No. 3:13-CVCase 4:20-cv-00404-RH-MJF Document 1 Filed 08/11/20 Page 2 of 5
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765-J-99TJC, 2013 WL 6061890, at *4 (M.D. Fla. Nov. 18, 2013)(quoting 

Donnelly v. Parkland, No. 12–60015–Civ, 2012 WL 253212, at *1 (S.D.Fla. 

Jan.26, 2012)). 

6. Similarly, this Court has found that “if a case as initially filed is not 

removable because it asserts only state law claims, the majority of courts have 

required a motion to amend the pleading be granted prior to removal. Glass v. City 

of Chattahoochee, No. 4:16CV124-WS/CAS, 2016 WL 3128370, at *4 (N.D. Fla. 

May 6, 2016), report and recommendation adopted, No. 4:16CV124-WS/CAS, 

2016 WL 3129218 (N.D. Fla. June 2, 2016)(internal citations omitted); see also 

Marzella v. Sprint-Fla., Inc., No. 205CV443FTM99DNF, 2006 WL 5042031, at 

*1 (M.D. Fla. May 26, 2006)(A cause of action “arises under” federal law pursuant 

to § 1331 only when plaintiff's well-pleaded complaint raises issues of federal law. 

An amended complaint is not a “well-pleaded complaint” until a pending motion 

for leave to amend is granted.) 

7. Accordingly, Defendant first received a copy a well-pleaded amended 

complaint raising federal questions, and removal first became appropriate, on July 

31, 2020. 

8. In the State Court Action, Plaintiff’s Amended Complaint now asserts 

claims under the statutory laws of the United States. Specifically, Plaintiff asserts 

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claims under 42 U.S.C. § 12101 and 29 U.S.C. §621, et. seq. As such, this is an 

action arising under the laws of the United States, over which this Court has 

original federal question jurisdiction under 28 U.S.C. § 1331. This case is, 

accordingly, one that may be removed to this Court pursuant to 28 U.S.C. 

§§ 1441(a). 

9. This action may be removed to the United States District Court for the 

Northern District of Florida, Tallahassee Division, because the action is pending in 

Leon County, Florida, which is within the jurisdiction of the Tallahassee Division. 

28 U.S.C. §§ 89(a), 1446(a). 

10. In accordance with 28 U.S.C. § 1446(a) and Local Rule 7.2, 

Defendant will promptly file a copy of all process, pleadings, and orders served in 

the State Court Action. 

11. Defendant will give prompt written notice of the filing of this Notice 

to Plaintiff and will file a copy of this Notice with the Clerk of the state court 

pursuant to 28 U.S.C. § 1446(d). 

12. Defendant, therefore, removes the State Court Action to this Court, 

and requests that the Court issue any orders necessary to stay proceedings in the 

State Court Action and assume jurisdiction over this action for all purposes. 

 

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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on August 11, 2020, I electronically filed the 

foregoing with the Clerk of the Court by using the CM/ECF system. 

 I FURTHER CERTIFY that on August 11, 2020, a copy of the foregoing 

was furnished by email transmission to: 

Marie A. Mattox, Esq. 

Katherine L. Viker, Esq. 

Marie A. Mattox, P.A. 

203 North Gadsden Street 

Tallahassee, FL 32301 

Email: Marie@mattoxlaw.com; Katherine@mattoxlaw.com 

Secondary: Michelle2@mattoxlaw.com; marlene@mattoxlaw.com; 

jervonie@mattoxlaw.com 

Attorneys for Sallie Powell 

/s/David W. Adams 

DAVID W. ADAMS 

Florida Bar No. 892416 

ZACHARY J. GLASER 

Florida Bar No. 0048059 

Bennett, Jacobs & Adams, P.A. 

Post Office Box 3300 

Tampa, Florida 33601 

Telephone: (813) 272-1400 

Facsimile: (866) 844-4703 

Email: dadams@bja-law.com; zglaser@bja-law.com 

Secondary: sbrant@bja-law.com 

Attorneys for Hospital Housekeeping Systems, LLC 

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