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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

MABLEX HOME CARE, INC., 

Case No. 1:22-cv-23877 

Plaintiff, (Circuit Court case no: 2022-019280-CA-01) 

v. 

SCOTTSDALE INSURANCE 

COMPANY, 

Defendant. 

___________________________/ 

NOTICE OF REMOVAL 

COMES NOW, SCOTTSDALE INSURANCE COMPANY (“SCOTTSDALE”), named 

as Defendant in the within cause of action, by and through undersigned counsel, and, pursuant to 

28 U.S.C. §§ 1446, 1441(b), and 1332, files this Notice of Removal, and, in support hereof, states 

as follows: 

1. Plaintiff Mablex Home Care, Inc. (hereinafter, “Plaintiff”) commenced this action 

on October 6, 2022 in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade 

County, Florida; the Circuit Court action was assigned Case Number 2022-019280-CA-01. A 

copy of the Summons, Complaint, and such other papers or exhibits as are required by the Local 

Rules of Court, are filed herewith, as Exhibit “A.” 

2. The Notice of Service of Process reflects service of process in the State Court action 

upon SCOTTSDALE on October 31, 2022. 

3. 28 U.S.C. § 1332 provides, in relevant part, as follows: 

(a) The district courts shall have original jurisdiction of all civil 

actions where the matter in controversy exceeds the sum or 

value of $75,000, exclusive of interest and costs, and is 

between--- 

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 (1) citizens of different States;.... 

4. By way of Paragraph 1 of the Complaint, Plaintiff alleges that, “[t]his is an action 

for damages within the jurisdictional limits of this court.” Refer to, Complaint, Exh. “A.” 

5. Plaintiff provided SCOTTSDALE with estimates of damages relative to the insured 

property totaling $104,580.31. Refer to, Estimates prepared by Homeland Public Adjusters, 

attached hereto as Composite Exhibit “B.”

6. In view of the foregoing, and in accordance with 28 U.S.C. § 1446(c)(2)(A)(ii), 

SCOTTSDALE believes that the amount-in-controversy requirement of 28 U.S.C. § 1332 is 

satisfied. 

7. By way of Paragraph 2 of the Complaint, and Policy number CPS3375115, Plaintiff 

was and is the owner of real property located at 13391 SW 27th Street, Miami, Florida 33175. Refer 

to, Complaint and Policy, Exh. “A.” Property records maintained by the Office of the Property 

Appraiser for Miami-Dade County confirms that Ana Amores also owns real property located at 

13391 SW 27 St, Miami, Florida 33175. Refer to, Property Appraiser Records, attached hereto as 

Exhibit “C.” A current Florida Driver License Records, Florida Motor Vehicle Registration, and 

Florida Voter Registration search through LexisNexis, confirms that Ana Amores has a Florida 

Driver’s License, Florida Motor Vehicle Registration, and Florida Voter Registration, with 13391 

SW 27 St, Miami, Florida 33175, listed as her address. A copy of the redacted Florida Driver 

License Record, redacted Florida Motor Vehicle Registration, and redacted Florida Voter 

Registration, search through LexisNexis, are filed herewith, as Composite Exhibit “D.”

8. SCOTTSDALE is a corporation duly organized and existing under the laws of the 

State of Ohio, with its principal place of business in the State of Arizona, and is a citizen of only 

the States of Ohio and Arizona. (Pursuant to 28 U.S.C. § 1332(c)(1), “a corporation shall be 

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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....”.) 

9. At the time of the filing of this Notice of Removal, there was and still is complete 

diversity of citizenship between Plaintiff and SCOTTSDALE.1

10. The Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1332. 

11. The within Notice of Removal is being filed within thirty (30) days of October 31, 

2022, the date of service upon SCOTTSDALE; removal is timely under 28 U.S.C. § 1446. 

12. Removal to the Miami Division of the United States District Court for the Southern 

District of Florida is proper, under 28 U.S.C. § 1441(a), as the State Court action was initiated by 

Plaintiff in Miami-Dade County, Florida, which is located within this District/Division. 

13. Undersigned counsel for SCOTTSDALE certifies that he will file a copy of the 

Notice of Removal with the Clerk of Court for Miami-Dade County, Florida, and will give notice 

of same to Plaintiff’s counsel, JASIEL TABARES, ESQUIRE, TABARES LAW, P.A., 

claims@tabareslaw.com and jtabares@tabareslaw.com. 

WHEREFORE, Defendant, SCOTTSDALE INSURANCE COMPANY, prays for 

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

Florida (Miami Division), and for a stay of all proceedings in the State Circuit Court action. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 29th day of November, 2022, I electronically filed the 

foregoing pursuant to the Supreme Court of Florida Order No. AOSC13-49 with the Clerk of Court 

by using the Florida Courts E-Filing Portal who will send notice of this electronic filing to: 

1

 Plaintiff in this case are seeking insurance benefits provided by virtue of Property Damage Coverage under a policy 

of insurance underwritten by SCOTTSDALE; Plaintiff is not seeking insurance benefits provided by virtue of any 

Liability Coverage. 28 U.S.C. § 1332(c)(1)(A) does not apply to defeat diversity in this case. 

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JASIEL TABARES, ESQUIRE, TABARES LAW, P.A., claims@tabareslaw.com and 

jtabares@tabareslaw.com (Attorneys for Plaintiff). 

By: /s/ Sean W. Rolland 

SEAN W. ROLLAND, ESQUIRE 

Florida Bar No.: 112151 

sean.rolland@wilsonelser.com 

kathleen.benavides-lopez@wilsonelser.com 

christina.balderson@wilsonelser.com 

111 North Orange Avenue, Suite 1200 

Orlando, Florida 32801 

Telephone: (407) 203-7599 

Facsimile: (407) 648-1376 

Attorneys for Defendant, 

Scottsdale Insurance Company 

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