IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA 

LIVAN ALFONSO,

Plaintiff,

vs.

BRYAN DAVID BOOTH and D&D 

SERVICES, LLC

Defendants.

__________________________________/

DEFENDANTS’ NOTICE OF REMOVAL AND SUPPORTING MEMORANDUM OF 

LAW

Defendants, BRYAN DAVID BOOTH and D&D SERVICES, LLC, hereby files their

Notice of Removing this case to the United States Southern District of Florida from the Circuit 

Court of the 17th Judicial Circuit, in and for Broward County, Florida, and states:

1. This action was commenced on April 1, 2022, in the Circuit Court of the 17th 

Judicial Circuit in and for Broward County, Florida, Case No.: CACE-22-004856.

2. This is a civil action in which Plaintiff LIVAN ALFONSO claims bodily injuries 

arising out of a car accident involving a vehicle driven by Defendant Bryan David Booth and 

owned by D&D Services, LLC. 

3. The removal of this case is authorized by the provisions of 28 U.S.C. §1441, et 

seq. 

4. This Court has original jurisdiction under 28 U.S.C. § 1332(a)(1) because this 

case involves a controversy between a plaintiff who is a citizen of the State of Florida and 

defendants that are citizens of Missouri (Bryan David Booth) and Kentucky (D&D Services, 

Case 0:22-cv-61850-WPD Document 1 Entered on FLSD Docket 10/04/2022 Page 1 of 4
[22-0167/5191224/1] 2

LLC), and the amount in controversy exceeds the sum of $75,000.00 exclusive of interest, costs, 

and attorney’s fees.

Diversity of citizenship

5. Plaintiff LIVAN ALFONSO is and has been at all times material a citizen of the 

State of Florida. 

6. Defendant D&D Services, LLC is a citizen of the state of Kentucky, because its 

two owners, Melaynie Summers and David Summers, are citizens of Kentucky.1 See Rolling 

Greens MHP, L.P. v. Comcast SCH Holdings, L.L.C, 374 F.3d 1020, 1022 (11th Cir. 2004) (“To 

sufficiently allege the citizenships of these unincorporated business entities, a party must list 

the citizenships of all the members of the limited liability company and all the partners of the 

limited partnership.”).

7. Defendant BRYAN DAVID BOOTH is a citizen of the State of Missouri.

Amount in controversy

8. The complaint, ¶1, alleges only that this is an action for damages in excess of 

$30,000, which is the State court jurisdictional threshold. (See Exh.A). However, Plaintiff 

responded to a request for admissions, in which he equivocated about whether the amount in 

controversy is $75,000. (See Exh.B; Exh.C). Defendants submit that this equivocation is 

sufficient to establish the amount in controversy. See Wilson v. Target Corp., 2010 WL 

3632794 (S.D. Fla. Sept. 14, 2010).

Timeliness

9. The last Defendant was served on May 9, 2022; however, the basis for this 

removal is not premised on Plaintiff’s Complaint but is instead based on Plaintiff’s responses to 

1 The wrong D&D Services was served here in Florida.

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[22-0167/5191224/1] 3

Defendants’ Request for Admissions, in which Plaintiff equivocated about the amount in 

controversy. See 28 U.S.C. § 1446(b) (“If the case stated by the initial pleading is not 

removable, a notice of removal may be filed within thirty days after receipt by the defendant, 

through service or otherwise, of a copy of an amended pleading, motion, order or other paper 

from which it may first be ascertained that the case is one which is or has become removable . . . 

.”).

10. This Notice of Removal is being timely filed within 30 days after September 22, 

2022, the date the responses to the requests for admission were received.

Procedural matters

11. A copy of all process, pleadings, and orders served upon the Defendant is 

attached hereto as Composite Exhibit D.

12. Defendants will give written notice of the filing of this notice as required by 

U.S.C. §1446(d).

13. A copy of this notice will be filed with the Clerk of the Circuit Court, in and for 

Broward County, Florida, as required by 28 U.S.C. §1446(d).

WHEREFORE, Defendants, BRYAN DAVID BOOTH, and D&D SERVICES, LLC, 

respectfully request this action be removed to this Court.

[INTENTIONALLY LEFT BLANK]

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[22-0167/5191224/1] 4

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY the undersigned electronically filed on this 4

th day of October 

2022 the foregoing with the Clerk of Court by using CM/ECF system, which will send a notice of 

electronic filing to the following: Stephen J. Stefanik, Esquire, Wolfson Law Firm, LLP, 339 

Southwest 3rd Avenue, Miami, FL 33145, sstefanik@wolfsonlawfirm.com; 

eservice4@wolfsonlawfirm.com.

COONEY TRYBUS KWAVNICK PEETS

Attorneys for Defendants

1600 West Commercial Boulevard, Suite 200

Fort Lauderdale, FL 33309

Telephone: (954) 568-6669

Fax: (954) 568-0085

Primary E-Mail: reception@ctkplaw.com

Secondary E-Mail: yhall@ctkplaw.com

Secondary E-Mail: klenahan@ctkplaw.com

/s/ Bruce Trybus

By: ___________________________________

BRUCE TRYBUS

Florida Bar No. 972983

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