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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.: 1:22cv23000

ED GONZALEZ AYALA,

Plaintiff,

vs.

DERMAFORCE PARTNERS, LLC,

Defendant.

__________________________________________/

NOTICE OF REMOVAL

Please take notice that Defendant, DERMAFORCE PARTNERS, by and through the 

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

above captioned action from the Eleventh Judicial Circuit in and for Miami-Dade County, State of 

Florida, to the United States District Court, Southern District of Florida, on the following grounds:

1. Defendant, DERMAFORCE PARTNERS (“Defendant”), a foreign corporation, is 

the sole named Defendant in a civil action filed by Plaintiff, ED GONZALEZ AYALA

(“Plaintiff”) in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, on June 1, 

2022. See Plaintiff’s Complaint attached hereto as Exhibit “1.” The Complaint alleges a claim 

for negligence arising out of an automobile accident that occurred in Miami-Dade County, Florida

on August 24, 2021. The Plaintiff alleges that he was a passenger in a vehicle leased by 

Dermaforce Partners. Exhibit 1 at ¶ 4. 

2. Thereafter, a summons was issued and served on Defendant on August 23, 2022. 

See Summons attached hereto as Exhibit “2.” Defendant is contemporaneously filing its Answer 

and Affirmative Defenses with this Notice of Removal. See Answer attached hereto as Exhibit 

“3.” 

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3. Pursuant to 28 U.S.C. § 1446(a) and Rule 10(c), Fed.R.Civ.P., copies of all process, 

pleadings, and orders served upon the Defendant (to date, the Complaint and summons) are 

attached as Exhibits 1 and 2 and are incorporated by reference herein. 

4. Plaintiff alleged in his Complaint that he “was and is a resident of Miami-Dade 

County, Florida.” Exhibit 1 at ¶ 2. 

5. At all times material hereto, Defendant was and is registered in Delaware, with its 

principal place of business in Phoenix, Arizona. See affidavit attached hereto as Exhibit “4.”

6. Plaintiff alleges in his Complaint that “[t]his is an action for damages in excess of 

the sum of Thirty Thousand ($30,0000) Dollars, exclusive of interest, costs and attorney’s fees.”

Exhibit 1 at ¶ 1. 

7. Plaintiff also filed on June 1, 2022 in the Circuit Court of the Eleventh Judicial 

Circuit in and for Miami-Dade County a Civil Cover Sheet estimating that the claim is over 

$100,000.00. See civil cover sheet attached hereto as Exhibit “5.”

8. Plaintiff received $500,000.00 in uninsured motor benefits and $250,000.00 in 

personal injury/no-fault benefits as a result of the other driver’s, Irwin Rockwell’s, negligence and 

not Dermaforce Partners. 

9. Discovery is currently being conducted; however, based on the information 

received to date, Plaintiff suffered extensive injuries. The Plaintiff was a passenger in a vehicle 

being driven by, Wellington Rivera, who died in the accident. The vehicle was hit by a DUI driver 

going the wrong way on I-95 in Miami-Dade County. Therefore, the amount in controversy will 

clearly be in excess of $75,000.00. 

10. As set forth in detail below, this Court has original jurisdiction over this civil action 

pursuant to 28 U.S.C. § 1332(a), since the amount in controversy in this action exceeds the sum of 

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$75,000.00, exclusive of interest and costs, and is between citizens of different States. Defendant 

therefore provides Notice of Removal from the Eleventh Judicial Circuit in and for Miami-Dade

County, State of Florida, to the United States District Court, Southern District of Florida. 

Concurrent with the filing of this Notice of Removal with this Court, Defendant will provide 

Notice of Removal to the Plaintiff, through the attorney of record in the state court action as 

required by 28 U.S.C. § 1446(d), as well as notice to the Clerk of the State Court in and for the 

Eleventh Judicial Court in and for Miami-Dade County, State of Florida.

FACTS SUPPORTING BASIS FOR REMOVAL

At the time of the filing of this action, and at all times material, Defendant is a limited 

liability company that was registered in the State of Delaware and with principal place of business 

in the State of Arizona. See Exhibit 4. Plaintiff alleged in his Complaint that he “is a resident of 

Miami-Dade County, Florida.” See Exhibit 1 at ¶ 3. 

Plaintiff alleged in his Complaint that “[t]his is an action for damages in excess of the sum 

of Thirty Thousand Dollars, exclusive of interest, costs, and attorney’s fees. See Exhibit 1 at ¶ 1. 

Plaintiff filed a Civil Cover Sheet alleging that the amount of the claim is in excess of $100,000.00. 

See Exhibit 5. 

The Plaintiff suffered multiple injuries and has claimed the following items of damages: 1) 

past, present, and future medical and related expenses; 2) past, present, and future aggravation of 

a pre-existing condition; 3) past, present, and future physical and mental pain and suffering; 4) 

past, present and future shame, humiliation, scarring, disability, discomfort, disfigurement, and the 

inability to lead a normal life; and 5) past, present and future loss of earnings and earnings capacity. 

Based on medical reports, the Plaintiff suffered multiple orthopedic injuries, including 

fractures to multiple body parts and emergency surgery following a head-on collision on August 

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24, 2021, wherein the vehicle in which he was a passenger fell over the I-95 northbound express 

lane Fly-Over and became engulfed in flames upon impact. Medical bills for the Plaintiff exceed 

$75,000.00. 

August 23, 2022 was the earliest date that Defendant was served with any pleading or other 

paper in this action indicating that the jurisdictional requirements were met. See Exhibit 1 and 

Exhibit 4. Accordingly, Defendant timely filed this Notice of Removal within thirty days 

thereafter.

As Defendant was served with the Complaint and Summons on August 23, 2022, this 

notice of removal is timely filed pursuant to 28 U.S.C. § 1446(b) within 30 days.

MEMORANDUM OF LAW

28 U.S.C. § 1441 Removal of civil actions, states:

“(a) Generally. – Except as otherwise expressly provided by Act of 

Congress, any civil action brought in a State court of which 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.” 28 

U.S.C. § 1441(a).

Pursuant to 28 U.S.C. § 1332(a)(1), “The district courts shall have original jurisdiction of 

all civil actions where the matter in controversy exceeds the sum or value of $75,000.00, exclusive 

of interest and costs, and is between citizens of different States.” 28 U.S.C. § 1332(a)(1). 

Corporations shall be deemed to be a citizen of every State and foreign state by which it has been 

incorporated and of the State or foreign state where it has its principal place of business. See 28 

U.S.C. § 1332(c)(1). 

In this case, diversity jurisdiction exists pursuant to § 1332(a)(1). Plaintiff and Defendant 

are citizens of different states (Florida and Delaware, respectively). Exhibits 1 and 4. Further, the 

amount in controversy exceeds $75,000. Exhibits 1 and 5.

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Accordingly, pursuant to 28 U.S.C. § 1441, based on the evidence provided hereto, 

Defendant timely removes this action to this Court as it is a civil action between citizens of 

different states and the amount in controversy exceeds the sum of $75,000.00, exclusive of 

interests and costs.

Respectfully submitted,

ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC

470 Columbia Drive, Bldg. C101

West Palm Beach, FL 33409

Phone: 561/688-6560 Fax: 561/688-2343

Service Email: service_blb@rrbpa.com

Email: bbedard@rrbpa.com

Attorneys for Dermaforce Partners

/S/ Benjamin L. Bedard

BENJAMIN L. BEDARD

Florida Bar No: 983772

HEIDI S. REIFF

Florida Bar No: 769010

Certificate of Service on Following Page

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY 20th day September, 2022, I electronically filed the foregoing 

document with the Clerk of the Court using CM/EFC. I also certify that the foregoing document 

is being served this day to Ramona L. Tolley, Cohen & Newmark, PLLC, Counsel for Plaintiff, 

74 NE 4th Avenue, Suite 1, Delray Beach, FL 33483, rt@cohennewmark.com, in the manner 

specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some 

other authorized manner for those counsel or parties who are not authorized to received 

electronically Notices of Electronic Filing. 

ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC

470 Columbia Drive, Bldg. C101

West Palm Beach, FL 33409

Phone: 561/688-6560 Fax: 561/688-2343

Service Email: service_blb@rrbpa.com

Email: bbedard@rrbpa.com; hreiff@rrbpa.com

Attorneys for Dermaforce Partners

/S/ Benjamin L. Bedard

BENJAMIN L. BEDARD

Florida Bar No: 983772

HEIDI S. REIFF

Florida Bar No: 769010

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