Case 1:18-cv JLK Document 1 Entered on FLSD Docket 02/22/2018 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF FLORIDA

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1 Case 1:18-cv JLK Document 1 Entered on FLSD Docket 02/22/2018 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF FLORIDA LEONARDO BONOMI, and other similarly situated individually, Plaintiff, v. Case No.: MAGNOLIA HI-FI, LLC a Foreign Limited Liability Company, Defendant. / NOTICE OF REMOVAL Defendant, Magnolia Hi-FI, LLC ( Defendant ), by and through its undersigned counsel, hereby files, pursuant to 28. U.S.C. 1331, 1441, and 1446, this notice of removal in the abovestyled action in the office of the Clerk of the United States District Court for the Southern District of Florida. As grounds therefore, Defendant states as follows: 1. On or about September 26, 2017, an action was commenced in the Circuit Court for the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida initiating the State Court Action entitled Leonardo Bonomi v. Magnolia HI-FI, LLC, Case No.: CA. (the State Action ). 2. On January 17, 2018, Plaintiff filed its Amended Summons and First Amended Complaint with the Court. 3. On January 25, 2018, Plaintiff served a copy of said Amended Summons and Amended Complaint from the state court upon Defendant. 4. The parties have agreed a response to the Amended Complaint must be filed on or before March 15, 2018, which is after the February 23, 2018 Removal deadline. The Order

2 Case 1:18-cv JLK Document 1 Entered on FLSD Docket 02/22/2018 Page 2 of 3 granting this motion was entered on February 21, See Unopposed Motion for Extension of Time, State Docket No. 13 and Order granting same, State Docket 15, Composite Exhibit A. 5. Thirty (30) days have not expired since service of the Amended Complaint, and as such, the removal is timely. See 28 U.S. C. 1446(b). 6. This action is a civil action of which this Court has original Jurisdiction under 28 U.S.C. 1331, and is one which may be removed to this Court by defendant pursuant to the provisions of 28 U.S.C. 1441(b). 7. Pursuant to 28 U.S.C. 1446(a), a true and legible copy of all process, pleadings, motions, and orders on file in the State Court Action are attached herein as Composite Exhibit A 8. Pursuant to 28 U.S.C. 1446(d), Defendant is concurrently filing a Notice of Filing of the Notice of Removal with the Clerk of Court for the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade, County, Florida, attached hereto as Composite Exhibit B. 9. The undersigned Defendant is the only named defendant in the state court action referenced above in paragraph 1 of this notice. WHEREFORE, Magnolia Hi-Fi, LLC prays that this action be removed to the United States District Court for the Southern District of Florida. 2

3 Case 1:18-cv JLK Document 1 Entered on FLSD Docket 02/22/2018 Page 3 of 3 Dated this 22 nd day of February, 2018 Respectfully submitted, /s/ Jennifer Monrose Moore Jennifer Monrose Moore Florida Bar No jennifer.moore@ogletreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 100 North Tampa Street, Suite 3600 Tampa, Florida Telephone: (813) Facsimile: (813) Attorneys for Defendant CERTIFICATE OF SERVICE I FURTHER CERTIFY that on February 22, 2018, a true and correct copy of the foregoing documents were sent via electronic mail and U.S. Mail, postage prepaid, to the following: Jason S. Remer, Esquire Brody M. Shulman, Esquire Remer & Georges-Pierre, PLLC 44 West Flagler Street, Suite 2200 Miami, Florida /s/ Jennifer Monrose Moore Attorney

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36 Case 1:18-cv JLK Document 1-3 Entered on FLSD Docket 02/22/2018 Page 2 of 7 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA LEONARDO BONOMI, and other similarly situated individually, Plaintiff, v. Case No.: 2017-CA CA 01 MAGNOLIA HI-FI, LLC a Foreign Limited Liability Company, Defendant. / NOTICE OF FILING NOTICE OF REMOVAL Pursuant to 28 U.S.C. 1446(d), Defendant, Magnolia HI-FI, LLC, hereby gives notice to this Court that the above-captioned and numbered cause has been removed to the United States District Court for the Southern District of Florida, in accordance with the Notice of Removal attached hereto as Exhibit A (excluding exhibits). Dated this 22 nd day of February, 2018 Respectfully submitted, /s/ Jennifer Monrose Moore Jennifer Monrose Moore Florida Bar No jennifer.moore@ogletreedeakins.com Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 100 North Tampa Street, Suite 3600 Tampa, Florida Telephone: (813) Facsimile: (813) Attorneys for Defendant

37 Case 1:18-cv JLK Document 1-3 Entered on FLSD Docket 02/22/2018 Page 3 of 7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February 22, 2018, the foregoing was filed with the Court using the Florida Courts E-Filing Portal which will serve an electronic copy upon: Jason S. Remer Brody M. Shulman Remer & Georges-Pierre, PLLC 44 West Flagler Street, Suite 2200 Miami, Florida /s/ Jennifer Monrose Moore Attorney

38 Case 1:18-cv JLK Document 1-3 Entered on FLSD Docket 02/22/2018 Page 4 of 7 EXHIBIT A

39 Case 1:18-cv JLK Document 1-3 Entered on FLSD Docket 02/22/2018 Page 5 of 7 IN THE UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF FLORIDA LEONARDO BONOMI, and other similarly situated individually, Plaintiff, v. Case No.: MAGNOLIA HI-FI, LLC a Foreign Limited Liability Company, Defendant. / NOTICE OF REMOVAL Defendant, Magnolia Hi-FI, LLC ( Defendant ), by and through its undersigned counsel, hereby files, pursuant to 28. U.S.C. 1331, 1441, and 1446, this notice of removal in the abovestyled action in the office of the Clerk of the United States District Court for the Southern District of Florida. As grounds therefore, Defendant states as follows: 1. On or about September 26, 2017, an action was commenced in the Circuit Court for the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida initiating the State Court Action entitled Leonardo Bonomi v. Magnolia HI-FI, LLC, Case No.: CA. (the State Action ). 2. On January 17, 2018, Plaintiff filed its Amended Summons and First Amended Complaint with the Court. 3. On January 25, 2018, Plaintiff served a copy of said Amended Summons and Amended Complaint from the state court upon Defendant. 4. The parties have agreed a response to the Amended Complaint must be filed on or before March 15, 2018, which is after the February 23, 2018 Removal deadline. The Order

40 Case 1:18-cv JLK Document 1-3 Entered on FLSD Docket 02/22/2018 Page 6 of 7 granting this motion was entered on February 21, See Unopposed Motion for Extension of Time, State Docket No. 13 and Order granting same, State Docket 15, Composite Exhibit A. 5. Thirty (30) days have not expired since service of the Amended Complaint, and as such, the removal is timely. See 28 U.S. C. 1446(b). 6. This action is a civil action of which this Court has original Jurisdiction under 28 U.S.C. 1331, and is one which may be removed to this Court by defendant pursuant to the provisions of 28 U.S.C. 1441(b). 7. Pursuant to 28 U.S.C. 1446(a), a true and legible copy of all process, pleadings, motions, and orders on file in the State Court Action are attached herein as Composite Exhibit A 8. Pursuant to 28 U.S.C. 1446(d), Defendant is concurrently filing a Notice of Filing of the Notice of Removal with the Clerk of Court for the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade, County, Florida, attached hereto as Composite Exhibit B. 9. The undersigned Defendant is the only named defendant in the state court action referenced above in paragraph 1 of this notice. WHEREFORE, Magnolia Hi-Fi, LLC prays that this action be removed to the United States District Court for the Southern District of Florida. 2

41 Case 1:18-cv JLK Document 1-3 Entered on FLSD Docket 02/22/2018 Page 7 of 7 Dated this 22 nd day of February, 2018 Respectfully submitted, /s/ Jennifer Monrose Moore Jennifer Monrose Moore Florida Bar No jennifer.moore@ogletreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 100 North Tampa Street, Suite 3600 Tampa, Florida Telephone: (813) Facsimile: (813) Attorneys for Defendant CERTIFICATE OF SERVICE I FURTHER CERTIFY that on February 22, 2018, a true and correct copy of the foregoing documents were sent via electronic mail and U.S. Mail, postage prepaid, to the following: Jason S. Remer, Esquire Brody M. Shulman, Esquire Remer & Georges-Pierre, PLLC 44 West Flagler Street, Suite 2200 Miami, Florida /s/ Jennifer Monrose Moore Attorney

42 ClassAction.org This complaint is part of ClassAction.org's searchable class action lawsuit database and can be found in this post: Magnolia Hi-Fi, LLC Named in Florida Wage and Hour Lawsuit