107696-1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. ________________

MARTHA FLURIACHI,

 Plaintiffs,

vs.

HOLIDAY CVS, LLC, a Florida Limited Liability

Company,

 Defendant.

________________________/

DEFENDANT’S, HOLIDAY CVS, LLC, NOTICE OF REMOVAL

Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, Defendant, Holiday CVS, LLC

(hereinafter, “CVS”) hereby removes the above-styled action from the Eleventh Judicial Circuit

for Miami-Dade County, to the United District Court for the Southern District of Florida on the

basis of diversity jurisdiction. In support of removal, the Defendant states as follows:

1. Plaintiff filed this civil action against the Defendant in the Eleventh Judicial Circuit

for Miami-Dade County, Florida styled Martha Fluriachi vs. Holiday CVS, LLC, a Florida Limited

Liability Company, Case No. 2022-014950-CA-01. A true and correct copy of all process and

pleadings served upon CVS, including all pleadings and docket entries filed in the state court are

attached hereto as Composite Exhibit 1 in compliance with 28 U.S.C. § 1447(b).

2. This action involves the Plaintiff’s alleged personal injuries sustained as a result of

an alleged incident at the Navarro Discount Pharmacy store located at 5252 W. Flagler Street,

Miami, Florida 33134 on May 15, 2021. See generally Plaintiff’s Complaint, attached hereto as

part of Composite Ex. 1.

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3. On or about August 31, 2022, the Plaintiff served Holiday CVS, LLC. See

Confirmation of Service of Process and Filed Return of Service, attached hereto as part of

Composite Ex. 1.

4. Defendant, CVS, filed this Notice of Removal within thirty (30) days of being

served with Plaintiff’s Complaint on August 31, 2022. Accordingly, this Notice of Removal is

timely filed. See 28 U.S.C. § 1446(b). No further state court proceedings in this litigation have

taken place as of the date of this Notice of Removal.

5. The amount in controversy in this case exceeds $75,000.00. Although the

Complaint sets forth the minimal jurisdictional allegations necessary to invoke the jurisdiction of

the state circuit court, the Plaintiff issued a presuit demand in the amount of $228,525.00, which

establishes that the amount in controversy exceeds $75,000.00. See Plaintiff’s Demand Letter,

attached hereto as Exhibit 2.

6. Therefore, Defendant Holiday CVS, LLC has met its burden in establishing the

amount in controversy requirement. See Tapscott v. MS Dealer Serv. Corp., 77 F.3d 1353, 1356–

57 (11th Cir. 1996) (when a plaintiff’s demand for damages is unspecified, the courts apply the

preponderance of the evidence standard to determine the amount in controversy), abrogated on

other grounds by Cohen v. Office Depot, Inc., 204 F.3d 1069 (11th Cir. 2000); see also Fastcase,

Inc. v. Lawriter, LLC, 907 F.3d 1335, 1343–44 (11th Cir. 2018) (Courts “‘measure the value of

the object of litigation solely from the plaintiff’s perspective’ rather than considering the value of

the litigation from either the plaintiff’s or defendant’s perspective.”); Archer v. Kelly, 271 F. Supp.

2d 1320, 1322 (N.D. Okla. 2003) (holding the plaintiff’s demand letter alleging damages of

$1,325,000 was sufficient to establish that plaintiff's claim exceeded amount in controversy

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requirement necessary to exercise diversity jurisdiction); Molina v. Wal-Mart Stores Tx., 535 F.

Supp. 2d 805, 806 (W.D. Tex. 2008) (holding customer's pre-suit demand letter alleging damages

of $100,000, was sufficient to establish an amount in controversy exceeding $75,000); Scott v.

Home Depot U.S.A., Inc., 2012 WL 86986, *2 (S.D. Fla. 2012) (stating “a defendant may introduce

its own affidavits, declarations or other documentation” to meet its burden to show that the amount

in controversy exceeds $75,000).

7. The Plaintiff, Martha Fluriachi, is a citizen of the state of Florida. See Plaintiff’s

Complaint, ¶ 2, attached hereto as part of Composite Ex. 1. Consequently, the Plaintiff is presumed

to be a citizen of the State of Florida. See Jones v. Law Firm of Hill & Ponton, 141 F. Supp. 2d

1349, 1355 (M.D. Fla. 2001).

8. Further, Defendant, Holiday CVS, LLC, is a single member LLC, its sole managing

member being CVS Pharmacy, Inc., which is a corporation incorporated under the laws of the

State of Rhode Island with its principal place of business in Woonsocket, Rhode Island. See Fla.

Division of Corporations 2022 Annual Report, attached hereto as Exhibit 3. Therefore, Defendant,

Holiday CVS, LLC is a citizen of the state of Rhode Island. See Flintlock Const. Servs., LLC v.

Well-Come Holdings, LLC, 710 F. 3d 1221, 1224 (11th Cir. 2013) (“For the purpose of

determining diversity jurisdiction, ‘a limited liability company is a citizen of any state of which a

member of the company is a citizen.’” (quoting Rolling Greens MHP, L.P. v. Comcast SCH

Holdings, L.L.C., 374 F. 3d 1020, 1022 (11th Cir. 2004))); see also Advanced Construction and

Renovation, Inc. v. Mt. Hawley Ins. Co., 2018 WL 797073 at *2 (S.D. Fla. Feb. 9, 2018) (“For

purposes of diversity jurisdiction, a corporation shall be deemed to be a citizen of every state by

which it has been incorporated and of the State where it has its principal place of business.”).

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9. Accordingly, this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332

because the amount in controversy exceeds $75,000.00, exclusive of interests and costs and the

action is between the Plaintiff, who is a citizen of Florida, and Defendant, who is a citizen of Rhode

Island. Removal to this Court is therefore proper pursuant to 28 U.S.C. § 1441 given this Court's

diversity jurisdiction. See 28 U.S.C. §§ 1332, 1441(a).

10. Pursuant to the procedural requirements for removal set forth in 28 U.S.C. §

1446(d), CVS will file a Notice of Filing Notice of Removal with the Clerk of Court for the

Eleventh Judicial Circuit, in and for Miami-Dade County, Florida and will provide written notice

of this Notice of Removal to all parties via e-service. A copy of the Notice of Filing is attached

hereto as Exhibit 4.

Dated: 9/29/2022

Respectfully submitted,

/s/ Jacob J. Liro____________

Jacob J. Liro, Esquire (32720)

JLiro@wickersmith.com

Michael L. McCoy, Esquire (105374)

WICKER SMITH O’HARA

 McCOY & FORD, P.A.

2800 Ponce de Leon Boulevard

Suite 800

Coral Gables, FL 33134

Telephone: (305) 448-3939

Facsimile: (305) 441-1745

Attorneys for Holiday CVS, LLC

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk

of Court using the CM/ECF system on September 29, 2022, and the foregoing document is being

served this day on all counsel or parties of record on the Service List below, 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 receive Notices of Electronic Filing.

/s/ Jacob J. Liro____________

Jacob J. Liro, Esquire

SERVICE LIST

Ricardo R. Corona, Esquire

Ricardo M. Corona, Esquire

CORONA LAW FIRM, P.A.

6700 SW 38th Street

Miami, Florida 33155

Telephone: (305) 547-1234

Facsimile: (305) 266-1151

ricky@coronapa.com;

Sbabani@coronapa.com

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