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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. ____________________ 

(Circuit Court Case No. 20-2022-CA-010701-XXXX-MB) 

ORTHOPAEDIC CARE SPECIALISTS, P.L. 

Plaintiff, 

vs. 

CIGNA HEALTH AND LIFE INSURANCE 

COMPANY, 

Defendant. 

__________________________________/ 

NOTICE OF REMOVAL 

Defendant, Cigna Health and Life Insurance Company (“Cigna”), by and through its 

counsel, hereby files this Notice of Removal, and alleges as follows: 

1. Plaintiff, Orthopaedic Care Specialists, P.L., commenced this action in the Circuit 

Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case No. . 20-

2022-CA-010701-XXXX-MB (“State Court Action”). In accordance with 28 U.S.C. § 1446(a), 

copies of the process, pleadings, and papers served on Cigna are attached hereto as Exhibit “A”. 

2. Cigna1 was served with the Complaint on November 15, 2022. 

3. Cigna removes this action pursuant to 28 U.S.C. § 1441(b) as an action where the 

matter in controversy exceeds the sum of $75,000.00, exclusive of interest and costs, and is 

between citizens of different states, within the meaning of 28 U.S.C. § 1332. 

4. Plaintiff is a Florida limited liability company with its principal place of business 

in West Palm Beach County, Florida. “[A] limited liability company is a citizen of any state of 

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

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 In its original Complaint, Plaintiff incorrectly named Cigna Healthcare, Inc. who was served on November 7, 

2022. 

Case 9:22-cv-81900-AHS Document 1 Entered on FLSD Docket 12/07/2022 Page 1 of 4
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Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004); see also Garden Islands Int'l, LLC v. 

Shyam Ahuja Private, Ltd., No. 12-22606-CIV, 2012 WL 13014996, at *1 (S.D. Fla. Sept. 25, 

2012). According to the Florida Department of State, Division of Corporations, Plaintiff’s 

managing members consist of seven individuals, each a citizen of Florida. See Orthopaedic Care 

Specialists, P.L., PLLC, Fla. Dep’t of State- Div. of Corps., http://search.sunbiz.org (follow 

“Search by Entity Name” hyperlink; then search “Orthopaedic Care Specialists, P.L.”). 

5. Cigna is a foreign corporation. Complaint at ¶5. Specifically, Cigna is a 

Connecticut corporation with its principal place of business in Connecticut. Cigna Health and 

Life Insurance Company, Fla. Dep’t of State- Div. of Corps., http://search.sunbiz.org (follow 

“Search by Entity Name” hyperlink; then follow “Name” hyperlink; then search “Cigna Health 

and Life Insurance Company”). 

6. This Court has original jurisdiction of this action under the provisions of 28 

U.S.C. § 1332 and it is one that may be removed to this Court by Defendant pursuant to the 

provisions of 28 U.S.C. § 1441, in that it is a civil action in which the amount in controversy 

exceeds the sum of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), exclusive of 

interest and costs, and is between citizens of different states. 

7. In the Civil Cover Sheet, Plaintiff indicated that the Amount of Claim is between 

$75,001 and $100,000. 

8. Accordingly, complete diversity of citizenship and the required amount in 

controversy exist in this action between Plaintiff and Defendant and, therefore, Defendant Cigna 

is entitled to remove this action to this Court pursuant to 28 U.S.C. § 1441(a). 

9. This Notice of Removal is timely filed with this Court pursuant to 28 U.S.C. § 

1446(b), having been filed within 30 days of when Defendant was served with process. 

Case 9:22-cv-81900-AHS Document 1 Entered on FLSD Docket 12/07/2022 Page 2 of 4
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10. The venue of this removal action is proper pursuant to 28 U.S.C. § 1441(a) 

because the United States District Court for the Southern District of Florida embraces the judicial 

circuit which includes the County Court of the 15th Judicial Circuit in and for Palm Beach 

County, Florida, where the state court action was commenced. Such venue is alleged as proper 

solely for removal purposes. 

11. No Act of Congress prohibits the removal of this case, and the cause is removable 

under 28 U.S.C. §§ 1441-1453. 

12. Counsel for Defendant has served by a copy of this Notice on Plaintiff. 

WHEREFORE, Defendant, Cigna Health and Life Insurance Company, respectfully 

requests that the removal of this action to the United States District Court for the Southern 

District of Florida be hereby effected and that this Court take jurisdiction of this action. 

Respectfully submitted, 

s/ Shari Gerson 

Shari Gerson, Florida Bar No. 017035 

Email: shari.gerson@gray-robinson.com

GRAY ROBINSON, P.A. 

401 East Las Olas Boulevard, Suite 1000 

Fort Lauderdale, Florida 33301 

Telephone: (954) 761-8111 

Facsimile: (954) 761-8112 

Counsel for Defendant, Cigna Health and Life 

Insurance Company 

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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on December 7, 2022, the foregoing document was filed with 

the Clerk of the Court using CM/ECF. I also certify that the foregoing document was provided 

by email to: Tony Bennett, Esq., and Corey Gross, Esq., Morgan & Morgan, P.A., Business Trial 

Group, 1700 Palm Beach Lakes Blvd., Suite 500, West Palm Beach, Florida 33401, Tel: 561-

227-5858, Facsimile: 561-227-5859, Email: tbennett@forthepeople.com, 

coreygross@forthepeople.com; counsel for Plaintiff

s/ Shari Gerson 

Shari Gerson, Florida Bar No. 017035 

Email: shari.gerson@gray-robinson.com

GRAY ROBINSON, P.A. 

401 East Las Olas Boulevard, Suite 1000 

Fort Lauderdale, Florida 33301 

Telephone: (954) 761-8111 

Facsimile: (954) 761-8112 

Counsel for Defendant, Cigna Health and Life 

Insurance Company 

/827506/369#48987295 v1 

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