`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF FLORIDA
`TALLAHASSEE DIVISION
`
`
`
`
`
`
`
`Case No.: 4:21-cv-442
`
`
`
`ROBIN GROVES,
`
`
`
`v.
`
`PILGRIM’S PRIDE CORPORATION,
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`NOTICE OF REMOVAL
`
`
`Pursuant to 28 U.S.C. §§ 1331, 1441, and 1446, Defendant Pilgrim’s Pride Corporation
`
`
`
`
`
`(“Defendant”) hereby removes this action currently pending in the Circuit Court of the Second
`
`Judicial Circuit, in and for Leon County, Florida to the United States District Court for the
`
`Northern District of Florida, and states in support as follows:
`
`1.
`
`On August 22, 2021, Plaintiff Robin Groves (“Plaintiff”), filed her Complaint in
`
`this civil action in the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida,
`
`captioned Robin Groves v. Pilgrim’s Pride Corporation, Case No.: 21-CA-001483 (the “State
`
`Court Action”). Defendant accepted and waived service of the Complaint on October 6, 2021.
`
`Defendant has not yet answered the Complaint.
`
`2.
`
`Plaintiff’s claims arise under the Family Medical Leave Act (“FMLA”) of 1993, 29
`
`U.S.C. §§ 2601-2654, as originally written, and as modified pursuant to the Families First
`
`Coronavirus Response Act (“FFCRA”) and the Emergency Family Medical Leave Expansion Act
`
`(“EFMLA”), Public Law 116-127; the Florida Civil Rights Act (“FCRA”) of 1992, Fla. Stat. §§
`
`760.01 et seq.; and the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq.
`
`
`
`1
`
`
`
`Case 4:21-cv-00442-AW-MAF Document 1 Filed 11/03/21 Page 2 of 4
`
`
`
`3.
`
`Plaintiff alleges that while she was employed by Defendant, she experienced
`
`interference under the FFCRA; retaliation under the FFCRA; retaliation under the FMLA;
`
`disability discrimination under the FCRA, and associational disability discrimination under the
`
`ADA. See generally Compl.
`
`4.
`
`Plaintiff’s claims for interference, retaliation, and associational disability
`
`discrimination fall under the Court’s federal question jurisdiction pursuant to 28 U.S.C. § 1331
`
`and, therefore, this action is removable to federal court under 28 U.S.C. § 1441. The Court has
`
`supplemental jurisdiction over Plaintiff’s state law claim for disability discrimination. See 28
`
`U.S.C. §1367(a).
`
`5.
`
`This Notice is proper and timely pursuant to 28 U.S.C. § 1446(b)(1) because it has
`
`been timely filed within 30 days after Defendant was properly served with a copy of the Summons
`
`and Complaint.
`
`6.
`
`Defendant will promptly serve a copy of this Notice on counsel for Plaintiff and
`
`will file a copy of this Notice with the clerk of the State Court Action, pursuant to
`
`28 U.S.C. § 1446(d).
`
`7.
`
`This action is properly removable to the United States District Court for the
`
`Northern District of Florida pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1446(a) because the
`
`Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida, in which this case
`
`was brought, lies within the jurisdiction of this District.
`
`8.
`
`By removing this action, Defendant does not waive any defenses available to it and
`
`does not admit any of the allegations in Plaintiff’s Complaint.
`
`9.
`
`Pursuant to 28 U.S.C. § 1446(a), a copy of all process, pleadings, and orders filed
`
`in the State Court Action are attached as follows: a copy of the Complaint is attached hereto as
`
`
`
`2
`
`DN 6206283.1
`
`
`
`Case 4:21-cv-00442-AW-MAF Document 1 Filed 11/03/21 Page 3 of 4
`
`
`
`Exhibit A. The Civil Cover Sheet in the State Court Action is attached hereto as Exhibit B. A
`
`copy of the summons for Defendant is attached hereto as Exhibit C. A receipt filed in the State
`
`Court Action is attached as Exhibit D. A “Uniform Order for Active, Differential Case
`
`Management” filed in the State Court Action is attached as Exhibit E. A Waiver of Service of
`
`Process filed in the State Court Action is attached as Exhibit F. Defendant’s Civil Cover Sheet in
`
`the instant matter is attached hereto as Exhibit G.
`
`10.
`
`11.
`
`There are no pending motions or petitions in the State Court Action.
`
`Pursuant to Local Rule 5.6, Defendant states that there no prior or similar cases
`
`requiring notice.
`
`DATED: November 3, 2021.
`
`
`s/ J. Ray Poole_________________
`J. Ray Poole
`Florida Bar No.: 0983470
`Constangy, Brooks, Smith & Prophete, LLP
`200 West Forsyth Street, Suite 1700
`Jacksonville, Florida 32202
`Telephone: (904) 356-8900
`Facsimile: (904) 356-8200
`rpoole@constangy.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Matthew Morrison_______
`Matthew M. Morrison (pro hac vice application
`forthcoming)
`Spencer Fane, LLP
`1700 Lincoln Street, Suite 2000
`Denver, CO 80203
`(303) 839-3788
`mmorrison@spencerfane.com
`
`Attorney for Defendant
`
`
`
`3
`
`DN 6206283.1
`
`
`
`Case 4:21-cv-00442-AW-MAF Document 1 Filed 11/03/21 Page 4 of 4
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on November 3, 2021, a true and correct copy of the foregoing
`NOTICE OF REMOVAL was filed with the Clerk of the Court using the CM/ECF system and
`was sent to the following:
`
`Marie A. Mattox
`MARIE A. MATTOX, P. A.
`203 North Gadsden Street
`Tallahassee, FL 32301
`Telephone: (850) 383-4800
`Marie@mattoxlaw.com
`
`Counsel for Plaintiff
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ _J. Ray Poole______
`J. Ray Poole
`
`4
`
`DN 6206283.1
`
`
`
`
`
`
`
`