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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

MICHAEL GRANT 

CASE NO: 4:20-cv-00428 

Plaintiff, 

v. 

FLORIDA DEPARTMENT 

OF CORRECTIONS 

Defendant, 

__________________________________/ 

DEFENDANT, FLORIDA DEPARTMENT OF CORRECTIONS’, 

NOTICE OF REMOVAL 

COMES NOW Defendant, FLORIDA DEPARTMENT OF 

CORRECTIONS (hereinafter, “FDOC”), by and through their undersigned 

attorneys, and pursuant to 28 U.S.C. Secs. 1331, 1441 and 1446, and hereby files 

this Notice of Removal and states as follows: 

1. On or about May 5, 2020, Plaintiff, MICHAEL GRANT, filed suit 

against Defendant, FDOC, in the lawsuit styled Michael Grant v. Florida 

Department of Corrections, Case No.: 2020-CA-000863, in the Circuit Court in 

and for Leon County, Florida (hereinafter, the “state court action”). A copy of the 

Complaint is attached hereto as Composite Exhibit A. 

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2. The state court action is a one-count complaint against Defendant, 

FDOC, only. Count I is a claim of Race Discrimination in violation of 42 U.S.C. § 

2000 et seq. and 42 U.S.C. § 1981a against the FDOC (paragraphs 18 and 24).

3. In the Complaint, Plaintiff alleges that he was the victim of 

discrimination (paragraph 19) on the basis of race which led to adverse actions 

against Plaintiff resulting in his wrongful constructive termination. (paragraph 23); 

and, Plaintiff seeks injunctive and equitable relief including damages. (See Prayer 

for Relief).

4. Removal of this action is proper under 28 U.S.C. § 1441, which 

allows for removal of any civil action “of which the district courts of the United 

States have original jurisdiction”. The Court has original jurisdiction of all civil 

actions arising under the Constitution, laws, or treaties of the United States.

5. This removal is timely as less than 30 days has expired since the 

initial pleading setting forth the claim for relief, where the federal question that 

grants this Court jurisdiction was first served upon Defendant. See 28 U.S.C. § 

1446 (b)(1). Defendant was served August 12, 2020.

6. Venue is proper in this Court under 28 U.S.C. § 1391 (b), and 

pursuant to 28 U.S.C. 1446 (a), this Notice of Removal is filed in the district court 

of the United States for the district and division within which the state court action 

is pending.

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7. Copies of all process, pleadings, and orders on file with the state court 

are attached hereto as Composite Exhibit B.

8. Pursuant to 28 U.S.C. Sec. 1446 (d), a copy of this notice has been 

sent to all adverse parties and to the clerk of the state court action.

WHEREFORE, Defendant, FLORIDA DEPARTMENT OF 

CORRECTIONS, files this Notice of Removal.

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing was 

served with the Clerk of the Court electronically using the CM/ECF system, and is 

being served on all counsel of record or pro se parties identified on the Service List 

below in the manner specified, either via transmission of Notice of Electronic 

Filing generated by CM/ECF or in some other authorized manner for those counsel 

or parties who are not authorized to receive a Notice of Electronic Filing, on this

1st day of September, 2020.

Walton Lantaff Schroeder & Carson LLP

Attorneys for Defendant 

2074 Centre Pointe Blvd., Suite 100

Tallahassee, FL 32308

Tel: (850) 701-1781 / Fax: (850) 701-1786

By:/s/ Jose E. Pagan

 Jose E. Pagan, Esquire

 Florida Bar No.: 165484

E-mail: jpagan@waltonlantaff.com

Secondary: gcook@waltonlantaff.com

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SERVICE LIST

Marie A. Mattox, Esquire

Marie A. Mattox, P.A.

203 N. Gadsden Street

Tallahassee, FL 32303

Tel: (850) 383-4800

Fax: (850) 383-4801

E-mail: marie@mattoxlaw.com

Secondary: marlene@mattoxlaw.com

Tertiary: michelle2@mattoxlaw.com

Attorneys for the Plaintiff

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EXHIBIT A

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EXHIBIT A

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EXHIBIT A

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EXHIBIT A

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Leon County Clerk of the Circuit Court and Comptroller

Court Case Search

 Full Case View Print Page

37 2020 CA 000863 - GRANT, MICHAEL vs FLORIDA DEPARTMENT OF CORRECTIONS

Party 

Status Party Party Code Attorney Attorney Status

FLORIDA DEPARTMENT OF CORRECTIONS , DEFENDANT ACTIVE

GRANT, MICHAEL PLAINTIFF MARIE A MATTOX ACTIVE

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Action Dscr Open/Reopen 

Status

Open/Reopen 

Date Disposition Disposition Date Judge

OTHER 

DISCRIMINATION

OPEN 5/6/2020 DEMPSEY

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Charge 

#

Action 

Code Description Plea Date Plea Decision Date

Court 

Action

Charge 

Disposition Citation

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Judges Appearing on Case

Last Name First Name Date Assigned Source

DEMPSEY ANGELA 7/1/2020 12:46:47 PM BM

COOPER JOHN 6/30/2020 8:39:24 PM BM

CARROLL KEVIN 5/6/2020 9:24:18 AM BM

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Viewable On Request Statuses

Viewable on 

Request 

Documents

e-Certify 

Docket Table Headers Are Sortable. Click For Ascending, Again For Descending Order Documents

Source Table Abbreviations: BM = Benchmark; JIS = Justice Informations System

Docket 

Date CCISSeqNbr Docket Code ECertify Docket Text OR Book 

OR 

Page Source 

5/5/2020 2 CCS CIVIL COVER SHEET BM

5/5/2020 3 COMP_CA COMPLAINT BM

5/5/2020 4 SUIS SUMMONS ISSUED BM

5/5/2020 5 SUIS SUMMONS ISSUED BM

5/6/2020 1a002 JUDGE CARROLL, 

KEVIN J: ASSIGNED BM

5/6/2020 6 RECEIPT PAYMENT $420.00 

RECEIPT #1509943 BM

‹‹-Req $

‹‹-Req $

‹‹-Req $

‹‹-Req $

‹‹-Req $

Leon County Clerk Of Courts Public Web Site Page 1 of 2

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EXHIBIT B

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Event Date Start Location Judge Result Source

Ar Plan

Ordered Amt Paid Dismissed Balance Delinquent

6/30/2020 0 JRPAO JUDGE 

REASSIGNMENT PER 

ADMIN ORDER AO 

2020-10 FROM JUDGE 

Carroll TO JUDGE 

Dempsey reassigned 

on: 06/30/2020

BM

7/22/2020 7 NOTO NOTICE OF 

DISCLOSURE ‹‹-Req $ BM

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Docket Application Owed Paid Dismissed Due

COMPLAINT $400.00 $400.00 $0.00 $0.00

SUMMONS ISSUED $10.00 $10.00 $0.00 $0.00

SUMMONS ISSUED $10.00 $10.00 $0.00 $0.00

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Leon County Clerk Of Courts Public Web Site Page 2 of 2

https://cvweb.leonclerk.com/public/online_services/search_courts/process.asp?report=full_v... 9/1/2020

EXHIBIT B

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