JS44 (Rev.04/21) CIVIL COVER SHEET

Tlie JS 44 civil cover slieet and tlie infonnation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as

provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for tlie use of the Clerk of Court for the

purposeofinitiatingtliecivildockeitsheet. (sgsmsrnucnoysoyyrsxrpxagoprmsmmvr)

I. (a) PLAINTIFFS

ZAUSNER FOODS CORP, a Delaware corporation

(b) County of Residence of First Listed Plairitiff Delaware

(EXCEPTINUS PLA[NTIFFCASES)

(e) Attomeys (Frrm Name, Address, and Teleplyone Number)

DEFENDANTS

CLAUDE BLANDIN, BRUNO BLANDIN,

PATRICKBLANDIN, ARNOLEONI,individuals n

CountyofResidenceofFirstListedDefendant Flortda

4N US PLAINTIFF CASESONLY)

NOTE: INLANDCONDEMNATIONCASES,USETHELOCATIONOF

THE TRACT OFLAND INVOLVED.

AttorneYs (lfKnown)

II. BASISOFJIJRISDICTION(piaceanasrmoneaoxonry)

01 u.s.Government € 3 Federal Question

Plaintiff fflS Governmenl Nor a Parry)

02 u.s. Goveniment [x 4 Diversiiy

Defendant ([ndrcale Cillzenshlp of Parlres in Ilem Hl)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Placean aa.Y"in OneBoxforPltimrffl

(For Drversl5rCasesOnly) Oil(/ OneBoxfor Defendam)

PTF DEF PTF DEF

Citizenof This State 01 [1 l }ncorporatedor PrincipalPlace [] 4 [) 4

of Business In This State

Citizenof AnotherState [] 2 0 2 IncorporatedandPrincipalPlace @ 5 [15

of Business In Another State

Citizen or Subjectof a 0 3 [X 3 ForeignNation [] 6 [] 6

Foreign Counhy

IV. NATURE OF SUIT (piace an "x'a in orie box oiy,y)

0150 Recoveiyof Overpayinent Phannaceutical

EnforceirientofJudgment Persona}Injury

StudentLoans InjuiyProduct

(ExcludesVeterans) i Liability

0153 RecoveiyofOverpayinent iabili PERSONAL PROPF.RTY

€ 190 0tber Contract iabili Lx- 3sOOtlierPersonal

Product Liability

J210 LandCondeinnation

3220 Foreclosure

3290 All Otlier Rea}Property

lick here for: Nature of S .iit Code Descriptions.

6900ther 28USC157 3729(a)

INTELLECTUAL :.-J 400StateReapportionmeni

PROPERTYRIGHTS " 410 Antitnist

NewDrugApplication 470RacketeerInfluencedand

g40 Trademark Comipt Organizations

Actof20l6 (15USC1681or 1692)

3485 TelephoneConsuiner

861 HIA(1395ffl I 490 Cable/SatTV

862 Black Lung (923) 1850 Securities/Commodities/

863 DIWC/DIWW (405(g)) Exchange

1J864 SSIDTitle XVI 8900iher Stahitory Achons

0 865RSI (405(g)) 891Agricultural Acts

893 Environinental Matters

870 Taxes (U.S. Plaintiff Act

IMMIGRATION. , 26 USC 7609 Act/Review or Appeal of

Actions StateStatutes

Liability [1367 HealthCare/

3320 Assault,Libel & Phannaceutical

81Bnder Persona}Injury

330 Federal Einployersa Product Liability

Liability 0368 AsbestosPersonal

Liability PERSONAL PROPF.RT1

ProducfLiability 0 3800tlierPersonal

3360 0ther Personal PropeityDamage

{Iljply [3 385PropertyDamage

3362 PersonalInjury - ProductLiability

Medical Malpractice

CIVIL RIGHTS' ...- PRISONER PETITIONS

J440 0ther Civil Rights HabeasCorpus:

2441 Voting ] 463Alien Deiainee

Accominodations I 530 General

3445 Ainer. w/Disabilities -'] 535DeaihPenalty

J7 10Fair LaborStandards

Act

3720 Labor/Manageinent

Relations

Leave Act

790 0tlier Labor Litigation

791 Employee Retireinent

Ii'icome Security Act

Eiiiployment Other:

3446 Amer.w/Disabilities

V. ORIGIN (Place an T= it One Box Only)

@l Original (,2 Reinovedfroin @ 3 Remanded from @4 Reinstated or @ 5Transferred froir+

Proceeding StateCourt AppellateCourt Reopened AnotherDistrict

(specify)

@6 Mu}tidistrict @ 8 Multidistrict

Litigation - Litigation -

Transfer DirectFile

v rr /'I A v } ci v> /l T A nT'lT/l '% T

Cite the u.s. Civil Statute under which you are filing (no riot crte)ussatcaorurrsmmresuritessaiver4):

Y1. L AU;'I jii Ul' ALl ltJll Brief description of cause:

common law and equitable state law claim

2 CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, F.R.Cv.P.

VII. REQUESTED IN 2 CHECK IF T

COMPLAINT: UNDERp.tu.

IF ANY

DATE

FOR OFFICE USE ONLY

DEMAND S CHECK YES only if demanded in coinplaint:

,nJRYDEMAND: [XYes € NO

JUDGE Marcia Cooke

&'rr i C";)RNEY OF RECORD

APPLYING }FP JIJDGE

DOCKETNUMBER 20-21681-Civ-MGC-JG

MAG. JUDGE

Case 1:22-cv-22660-KMM Document 1 Entered on FLSD Docket 08/22/2022 Page 1 of 8
JS 44 Reverse (Rev. 04/2 l)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

Tlie JS 44 civil cover sheet and the infoimation contained herein neither replaces nor supplements the filings and service of pleading or other papers as

required by law, except as provided by local niles of court. This form, approved by the Judicial Conference of the United States in September 1974, is

required for the use of tlie Clerk of Couit for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of

Court for each civil coinplaint filed. Tlie attoi'ney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use

only the full name or standard abbreviations. If the plaintiff or defendant is an official within a governinent agency, identify first tbe agency and tlien

the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the

time of filing. In U.S. plaintiff cases, enter the name of the county in wliich the first listed defendant resides at the time of filing. (NOTE: In land

condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

(c) Attorneys. Enter the fimi name, address, telephone number, and attox'ney of record. If there are several attomeys, list them on an attachment, noting

in this section "(see attachinent)".

II. Jurisdiction. Tlie basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"

in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment

tO the COnStitutiOn} an aCt OfCOngreSS Or a treaty Ofthe United STATES.In CaSeSwhere the U.S. iS a paity, the U.S. plaintiffor defendant COdetakes

precedence, and box I or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the

citizenship of the different paities must be checked. (See Section nI below; NOTE: federal question actions take precedence over diversity

cases.)

In, Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this

section for eacli principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code

tliat is most applicable. Click here for: Nahire of Suit Code Desci'iptions.

V. Origin. Place aii "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district couits.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.

Remanr3ed from Appellmc Couit. (3) Check this box for cases remanded to the district court for fuither action. Use the date of remand as the filing

date.

Reinstated or Reopened. (4) Clieck this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transfei-red from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or

multidistrict litigation transfers.

Multidistrict Litigation - Transfer. (6) Check this box when a multidistrict case is transfeired into the district under authority of Title 28 U.S.C.

Section 1407.

Multidistrict Litigation - Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.

PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to

changes in statute.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional

statutes unless diversity. Exainple: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable senice.

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demgid. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.

Jury Demand. Check tbe appropriate box to indicate whether or not a jui'y is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, inseit the docket

numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

Case 1:22-cv-22660-KMM Document 1 Entered on FLSD Docket 08/22/2022 Page 2 of 8
Marko & Magolnick, P.A.

TELEPHONE 305/285-2000 3001 S.W. 3RD AVENUE, MIAMI, FLORIDA 33129 FACSIMILE 305/285-5555

IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

ZAUSNER FOODS CORP, a Delaware corporation,

Plaintiffs, Case No. 

vs.

CLAUDE BLANDIN, BRUNO BLANDIN, 

PATRICK BLANDIN, ARNO LEONI, individuals 

and JOHN DOE DEFENDANTS 1-10,

Defendants.

_______________________________________/

DEFENDANTS’ NOTICE OF REMOVAL

Defendants Claude Blandin, Bruno Blandin, Patrick Blandin, and Arno Leoni, individuals, 

(“Defendants”) pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, hereby remove this action from 

the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, to the

United States District Court for the Southern District of Florida. The grounds and basis for this 

removal are as follows:

THE REMOVED CASE

1. The removed case is a civil action filed on or about April 28, 2022, in the Circuit

Court ofthe Eleventh JudicialCircuit in and for Miami-DadeCounty, Florida, having been assigned 

Case No.: 2022-007901-CA-01, and captioned Zausner Foods Corp. v. Claude Blandin, Bruno 

Blandin, Patrick Blandin, Arno Leoni, et al. The action involves common law tort and conspiracy 

claims. This Court has original jurisdiction over this action under 28 U.S.C. § 1332, and this action 

is removable under 28 U.S.C. § 1441(b), in that it is a civil action between citizens of differentstates 

and/or countries and the amount in controversy exceeds the sum of $75,000, exclusive of interest 

and costs.

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Marko & Magolnick, P.A.

TELEPHONE 305/285-2000 3001 S.W. 3RD AVENUE, MIAMI, FLORIDA 33129 FACSIMILE 305/285-5555

PAPERS FROM REMOVED ACTION

2. Asrequired by 28 U.S.C. § 1446(a), attached as Exhibit A are copies of the process, 

pleadings and orders served on Defendants from the state court file. See Cook v. Randolph County, 

Ga., 573 F.3d 1143, 1149-50 (11th Cir. 2009).

THE REMOVAL IS TIMELY

3. 28 U.S.C. § 1446(b) states in relevant part that:

The notice of removal of a civil action or proceeding shall be filed within thirty 

days after the receipt by the defendant, through service or otherwise, of a copy of 

the initial pleading setting forth the claim for relief upon which such action or 

proceeding is based, or within thirty days after the service of summons upon the 

defendant if such initial pleading has then been filed in court and is not required to 

be served on the defendant, whichever period is shorter.

4. Plaintiffs served the Summons and Complaint on Defendants on August 8, 2022.

See Ex. B -- Notice of Service of Process (listing date reflecting service of the Summons and 

Complaint on Defendants on August 8-9, 2022).Because this matter is being removed within thirty

days after Defendants’ receipt of the Summons and Complaint, this removal is timely under 28

U.S.C. § 1446(b). See Murphy Bros. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 354-56

(1999); Black v. State Farm Mut. Auto. Ins. Co., No. 10-80996-CIV, 2010 WL 4340281, at

*1 n.2 (S.D. Fla. Oct. 22, 2010) (removal is timely when accomplished within §1446(b)’s 

30-day time frame).

THE VENUE REQUIREMENT IS MET

5. Venue is proper in the Southern District of Florida, because the state court action 

was pending within the jurisdictional confines of this District and Division. 28 U.S.C. § 1446(a).

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Page 3 of 6 Case No. 

Marko & Magolnick, P.A.

TELEPHONE 305/285-2000 3001 S.W. 3RD AVENUE, MIAMI, FLORIDA 33129 FACSIMILE 305/285-5555

DIVERSITY OF CITIZENSHIP EXISTS

6. This is a civil action that falls under the Court’s original diversity of citizenship 

jurisdiction under 28 U.S.C. § 1332 and is one that may be removed to this Court based on diversity 

of citizenship under 28 U.S.C. §§ 1441 and 1446.

7. There is complete diversity of citizenship between the parties. “[C]orporations are 

citizens in the states of their incorporation and their principal place of business.” Rolling Greens 

MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1021 n.1 (11th Cir. 2004). Plaintiff 

Zausner is a Delaware corporation with its principal places of business in the Commonwealth of 

Pennsylvania. Compl. ¶ 2. Thus, Plaintiff Zausner is a citizen of Delaware for purposes of 

determining diversity under 28 U.S.C. § 1332(c)(1). 

8. Defendants are all French citizens residing in Guadeloupe. 28 U.S.C. § 1332(c)(1). 

Id. at ¶ 3.

9. Defendants are all French citizens residing in Guadeloupe at the time of filing of this

action and at all relevant times.

10. Claude Blandin is a citizen of France for purposes of determining diversity under 28

U.S.C. § 1332(a)(2).

11. Bruno Blandin is a citizen of France for purposes of determining diversity under 28 

U.S.C. § 1332(a)(2).

12. Patrick Blandin is a citizen of France for purposes of determining diversity under 28 

U.S.C. § 1332(a)(2).

13. Arno Leoni is a citizen of France for purposes of determining diversity under 28 U.S.C.

§ 1332(a)(2).

14. Because Plaintiff is a citizen of Delaware and Defendants are citizens of France, 

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Marko & Magolnick, P.A.

TELEPHONE 305/285-2000 3001 S.W. 3RD AVENUE, MIAMI, FLORIDA 33129 FACSIMILE 305/285-5555

complete diversity of citizenship exists. 28 U.S.C. § 1332.

THE AMOUNT IN CONTROVERSY REQUIREMENT IS SATISFIED

15. The $75,000 amount in controversy requirement of 28 U.S.C. § 1332 is also 

satisfied here. As discussed below, a plain reading of the allegations of the Complaint clearly 

demonstrates that the amount in controversy exceeds $75,000, exclusive of interest and costs. 

Compl. ¶ 176, at 33. Plaintiff specifically alleges that it is seeking damages in excess of $6.1 

million.

16. In Dart Cherokee Basin Operating Co. v. Owens, 574 U.S. 81 (2014), the U.S. 

Supreme Court held that a defendant may properly remove an action based upon the following

principles:

• a defendant “need include only a plausible allegation that the amount in 

controversy exceeds the jurisdictional threshold,” id. at 89 (emphasis added),

• the defendant “may simply allege or assert that the jurisdictional threshold 

has been met” under a standard of pleading only “‘a short and plain statement of the 

grounds for removal,’” id. (quoting 28 U.S.C. § 1446(a)) (emphasis added), and

• once alleged, “the defendant’s amount-in-controversy allegation should be 

accepted when not contested by the plaintiff or questioned by the court.” Id. at 87.

17. Accordingly, a plain reading of the Complaint demonstrates that the amount in 

controversy far exceeds the $75,000 minimum, exclusive of interest and costs, required for this 

Court’s jurisdiction under 28 U.S.C. § 1332. See Roe v. Michelin N. Am., Inc., 613 F.3d 1058, 

1061-62 (11th Cir. 2010) (“Eleventh Circuit precedent permits district courts to make ‘reasonable 

deductions, reasonable inferences, or other reasonable extrapolations’ from the pleadings to 

determine whether it is facially apparent that a case is removable.”) (citations omitted); Devore v. 

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Marko & Magolnick, P.A.

TELEPHONE 305/285-2000 3001 S.W. 3RD AVENUE, MIAMI, FLORIDA 33129 FACSIMILE 305/285-5555

Howmedica Osteonic Corp., 658 F.Supp. 2d 1372, 1380 (M.D. Fla. 2009) (“[I]f the jurisdictional 

amount is either stated clearly on the face of the documents before the court or readily deducible

from them, then the court has jurisdiction.”) (citations omitted).

FILING OF REMOVAL PAPERS

18. Pursuant to 28 U.S.C. § 1446(d), written notice of the removal of this action is being 

simultaneously served on Plaintiffs’ counsel, and a Notice of Filing Notice of Removal is being 

filed with the Clerk of the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade 

County in the state court file from which this action has been removed. A copy of this notice 

(without attachment) is attached hereto as Exhibit C.

19. Thus, the state court action has been properly removed to this Court in accordance 

with the provisions of 28 U.S.C. § 1441(a) because (i) this action is a civil action pending within 

the jurisdiction of the United States District Court for the Southern District of Florida; (ii) this 

action is between citizens of different states and/or countries; and (iii) the amount in controversy 

exceeds $75,000, exclusive of interest and costs.

Respectfully submitted,

MARKO & MAGOLNICK, P.A. 

Attorneys for Plaintiff

3001 S.W. 3rd Avenue

Miami, Florida 33129

Telephone: (305) 285-2000

Facsimile: (305) 285-5555

By: /s/ John E. Kirkpatrick 

John E. Kirkpatrick, Esq.

Florida Bar No. 386782

Kirkpatrick@mm-pa.com

Joel S. Magolnick, Esq. 

Florida Bar No. 776068

Magolnick@mm-pa.com

Case 1:22-cv-22660-KMM Document 1 Entered on FLSD Docket 08/22/2022 Page 7 of 8
Page 6 of 6 Case No. 

Marko & Magolnick, P.A.

TELEPHONE 305/285-2000 3001 S.W. 3RD AVENUE, MIAMI, FLORIDA 33129 FACSIMILE 305/285-5555

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via an 

automated email generated by the Florida Courts E-Filing Portal on August 22, 2022.

/s/ John E. Kirkpatrick

 John E. Kirkpatrick

Case 1:22-cv-22660-KMM Document 1 Entered on FLSD Docket 08/22/2022 Page 8 of 8