UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

GAINESVILLE DIVISION 

DAVID FLORES, 

Plaintiff, 

Case No.: 

v. Lower Case No.: 1-2020-CA-1792 

ANTIBIOTIC ADJUVANT, INC., 

SMARTSTEWARD, INC., and 

GAETANO P. LATORRE, 

Defendants. 

______________________________________/ 

DEFENDANTS’ NOTICE OF REMOVAL 

Defendants, ANTIBIOTIC ADJUVANT, INC. (“ANTIBIOTIC 

ADJUVANT”) and GAETANO P. LATORRE (“LATORRE”) (collectively 

referred to as "Defendants”), by and through their undersigned counsel and pursuant 

to 28 U.S.C. §§ 1331, 1441, and 1446, hereby gives notice of the removal of the 

above-styled action filed by Plaintiff, DAVID FLORES (hereinafter “Plaintiff”), 

from the Circuit Court of the Eighth Judicial Circuit, in and for Alachua County, 

Florida, to this Court. Defendants submit the following short and plain statement of 

the grounds for removal, in accordance with 28 U.S.C. § 1446(a), which shows that 

removal is proper in this case: 

1. On July 6, 2020, Plaintiff filed a Complaint against Defendants in the 

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Circuit Court of the Eighth Judicial Circuit, in and for Alachua County, Florida. The 

Clerk of that Court assigned Case Number 1-2020-CA-1792 to this action. 

2. Plaintiff served Antibiotic Adjuvant with a Summons and a copy of the 

Complaint on July 13, 2020. (See Exhibit A). 

3. Plaintiff served LaTorre with a Summons and a copy of the Complaint 

on July 13, 2020. (See Exhibit B). 

4. SmartSteward, Inc. has not yet been served with a Summons and a copy 

of the Complaint. 

5. Plaintiff’s Complaint purports to set forth two counts against all 

Defendants for alleged violations of Fair Labor Standards Act (“FLSA”), 29 U.S.C. 

§ 201, et seq. (Complaint ¶¶ 1, 25 - 32), two counts against Antibiotic Adjuvant for 

breach of contract (Complaint ¶¶ 1, 33 - 44), and quantum meruit (Complaint ¶¶ 1, 

44 - 47), as well as one count against all Defendants for declaratory relief (Complaint 

¶¶ 1, 48 - 56). 

6. The Court has original jurisdiction over this action over 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 under the FLSA. 28 U.S.C. § 1331. Therefore, this 

action is properly removable under 28 U.S.C. § 1331 and § 1441(a), which allows 

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for removal of “any civil action brought in a State court of which the district courts 

of the United States have original jurisdiction.” 

7. Venue is proper in this Court under 28 U.S.C. § 1391(b), 1441(a), and 

Local Rule 3.1(B), United States District Court, Northern District of Florida. 

8. A complete copy of all pleadings filed in the Circuit Court of the Eighth 

Judicial Circuit has been filed simultaneously with this Notice of Removal. 

9. Defendants have provided written notice of the removal to Plaintiff, 

and, contemporaneously with this Notice, Defendants are filing the Notice of Filing 

Notice of Removal in the Circuit Court of the Eighth Judicial Circuit, in and for 

Alachua County, Florida. A copy of the Notice of Filing Notice of Removal is 

attached hereto as Exhibit C. 

10. All Defendants who have been served consent to and join in the 

removal of this action. 

11. Defendants will respond to the Complaint in this Court in accordance 

with Rules 8, 12, and 81 of the Federal Rules of Civil Procedure and Local Rule 7.2. 

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

because it has been filed within thirty (30) days after service of the complaint. 

WHEREFORE, Defendants respectfully assert that this action has been 

properly removed to this Court. 

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Dated this 3rd day of August, 2020. 

Respectfully submitted, 

s/ Stephanie M. Marchman 

STEPHANIE M. MARCHMAN 

Florida Bar No. 854301 

Stephanie.marchman@gray-robinson.com

GRAYROBINSON, P.A. 

720 S.W. 2nd Avenue, Suite 106 

Gainesville, Florida 32601 

Tel: (352) 376-6400 

Fax: (352) 376-6484 

SACHA DYSON 

Florida Bar No. 509191 

Sacha.dyson@gray-robinson.com

GRAYROBINSON, P.A. 

401 East Jackson Street, Suite 2700 

Post Office Box 639 (33601) 

Tampa, Florida, 33602 

Tel: (813) 273-5000 

Fax: (813) 273-5145 

Attorneys for Defendants 

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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on the 3rd day of August, 2020, I electronically 

filed the foregoing with the Clerk of the Court by using the CMECF system and will 

send notice by e-mail and U.S. Mail to the following: 

Joseph C. Shoemaker 

BOGIN, MUNNS & MUNNS, P.A. 

628 S. 14th Street 

Leesburg, Florida 34748 

jshoemaker@boginmumms.com; bmmservice@boginmunns.com; 

thammond@boginmunns.com

Attorney for Plaintiff 

s/ Stephanie M. Marchman 

Attorney 

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