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Filing # 194388216 E-Filed 03/20/2024 05:38:34 AM
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
LESLIE MAZZOCCOLI,
Plaintiff, CASE NO. 24-CC-005395
v.
NORTH AMERICAN CREDIT SERVICES,
INC.,
Defendant.
_____________________________________/
DEFENDANT, NORTH AMERICAN CREDIT SERVICES, INC.‘S NOTICE OF
REMOVAL TO FEDERAL COURT
COMES NOW, Defendant, North American Credit Services, Inc., by and through its
undersigned attorney, and files this Notice of Removal to Federal Court in the above-styled case
this 5th day of February 202. The above-styled action has been removed to the Middle District of
Florida, Tampa Division, styled: Leslie Mazzoccoli V. North American Credit Services, Inc., Case
No.: 8:24-cv-699.
28 U.S.C. Section 1446(d) clearly states: “Promptly after filing of such notice of removal
of a civil action the defendant or defendants shall give written notice thereof to all adverse parties
and shall file a copy of the notice with the clerk of the state court, which shall effect the removal
and the State court shall proceed no further unless and until the case is remanded.” (Emphasis
added).
Therefore, Defendant, North American Credit Services, Inc. asserts that 28 U.S.C. Section
1446(d) divests this court of subject-matter jurisdiction to take any action on this case after the
Notice of Removal is received by the Clerk of Court.
Dated this 20th day of March 2024.
3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
Respectfully submitted,
/s/ Ernest H. Kohlmyer, III
Ernest H. Kohlmyer, III
Florida Bar No.: 0101108
2300 Maitland Center Parkway, Suite 100
Maitland, Florida 33751
Telephone: (407) 622-1772
Facsimile (407) 622-1884
SKohlmyer@Shepardfirm.com
Attorneys for Defendant, North American Credit
Services, Inc.
CERTIFICATE OF SERVICE
I HEREBY that a copy of the foregoing has been electronically filed on March 20, 2024,
via the Florida E-filing Portal and that a copy was furnished by electronic transmission to: Jason
R. Kobal, Esquire at koballaw@yahoo.com. (Attorneys for Plaintiff).
/s/ Ernest H. Kohlmyer, III
Ernest H. Kohlmyer, III
Florida Bar No.: 0101108
3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
Exhibit “A”
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Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 1 of 7 PageID 1
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CASE NO.: 8:24-cv-699
LESLIE MAZZOCCOLI,
Plaintiff,
v.
NORTH AMERICAN CREDIT
SERVICES, INC.,
Defendant.
_____________________________________/
DEFENDANT, NORTH AMERICAN CREDIT SERVICES, INC.‘S
PETITION FOR REMOVAL WITH SUPPORTING MEMORANDUM OF
LAW
COMES NOW, the Defendant, North American Credit Services, Inc.
(“NACS”), by and through its undersigned counsel, and respectfully petitions
this Honorable Court for removal of the above-styled civil action from the
County Court, in and for Hillsborough County, Florida, to the United States
District Court for the Middle District of Florida, Tampa Division, and states as
follows:
1. Defendant, North American Credit Services, Inc. is the named
Defendant in a civil action brought against it in the County Court, in and for
Hillsborough County, Florida, styled: Leslie Mazzoccoli V. North American
Credit Services, Inc., Case No.: 24-CC-005395. A copy of the Complaint served
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Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 2 of 7 PageID 2
in that action, in addition to all process and pleadings served upon Defendant,
will be docketed separately by the Clerk.
2. That the aforesaid action was filed with the Clerk of the County
Court in Hillsborough County and service of process of said Summons and
Complaint, was served upon the Defendant, NACS, on March 1, 2024.
3. That the controversy herein between the Plaintiff and Defendant
is a controversy based upon consumer protection rights created by and enforced
through federal statutes. In this case, Plaintiff attempts to bring a pleading for
alleged violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. §
1692 et seq. (“FDCPA”).
4. That the above-described action is a civil action of which this Court
has original jurisdiction under the provisions of Title 28, United States Code,
§1331, and is one which may be removed to this Court by the
Defendant/Petitioner pursuant to the provisions of Title 28, United States
Code, §1441(a), in that it is a civil action based upon a federal question over
which this Court has original jurisdiction. Further, this Petition for Removal
is being submitted to this Court within 30 days after service on NACS of the
original Complaint in the above-styled action and is, therefore, timely
pursuant to 28 U.S.C. §1446(b).
WHEREFORE, NACS respectfully requests that this Honorable Court
enter its order removing the entire case from the County Court, in and for
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Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 3 of 7 PageID 3
Hillsborough County, to the United States District Court, Middle District of
Florida, Tampa Division.
MEMORANDUM OF LAW IN SUPPORT OF PETITION FOR
REMOVAL
Statement of the Case and Facts
The instant suit is a civil action that includes a federal question,
specifically, a claim that the Defendant, North American Credit Services, Inc.
(“NACS”) allegedly violated Plaintiff’s consumer protection rights under the
Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The
Complaint seeks an award of damages against the Defendant for alleged
actions taken during the course of alleged debt collection attempts by the
Defendant against the Plaintiff, which is asserted to violate the FDCPA.
Plaintiff seeks statutory, actual, and/or punitive damages and seeks judgment
for those damages against the Defendant for this alleged conduct.
Federal Court Jurisdiction
This Court has jurisdiction of this case pursuant to 28 U.S.C. §1331.
Section 1331 states as follows:
Ҥ1331. Federal question.
The federal district courts shall have original jurisdiction of all
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Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 4 of 7 PageID 4
civil actions arising under the Constitution, laws, or treaties of the
United States.
The complaint herein raises a federal question and satisfies the
jurisdictional requirements of 28 U.S.C. §1331. This Honorable Court,
therefore, has original jurisdiction of this civil action.
Removal
This is an action which may properly be removed to this Court pursuant
to 28 U.S.C. §1441 which states in pertinent part as follows:
“Except as otherwise expressly provided by act of Congress, any civil
action brought in a state court of which the district courts of the
United States has original jurisdiction, may be removed by the
defendant or the defendants, to the district court of the United
States for the district and division embracing the place where such
action is pending . . . ”
Given that this action is one over which the United States District Court
for the Middle District of Florida, Tampa Division, would have original
jurisdiction, this case may properly be removed by Defendant pursuant to 28
U.S.C. §1446(a) which provides:
“A defendant or defendants desiring to remove any civil action or
criminal prosecution from a state court shall file in the district
court of the United States for the district and division within which
such action is pending a Notice of Removal, signed pursuant to
Rule 11 of the Federal Rules of Civil Procedure and containing a
short and plain statement of the grounds for removal, together with
a copy of all process, pleadings and orders served upon such
defendant or defendants in such action.”
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Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 5 of 7 PageID 5
In the instant suit, NACS has filed a Notice which complies with 28
U.S.C. §1446(a), in that it sets forth facts that show that this Court has original
jurisdiction and that this case is subject to removal.
Timeliness of Removal
28 U.S.C. §1446(b) requires that a Notice of Removal in a civil action or
proceeding shall be filed within thirty (30) days after receipt by Defendant,
through service or otherwise, of a copy of the initial pleading setting forth the
claim for relief upon which the action or proceeding is based. Additionally, each
defendant shall have thirty (30) days after receipt by service on that defendant
of the initial pleading or summons to file the notice of removal. Here, the
original Complaint was filed with the Court and subsequently served upon
NACS on March 1, 2024. Accordingly, this Petition for Removal is being
submitted to this Court less than thirty (30) days from service of the Complaint
on Defendant.
Supplemental Jurisdiction
This Court has the discretion to exercise supplemental jurisdiction over
any state law claims that have been asserted as part of the underlying action.
28 U.S.C. §1441(c) provides as follows:
“Whenever a separate and independent claim or cause of action
within the jurisdiction conferred by §1331 of this Title, is joined
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Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 6 of 7 PageID 6
within one or more otherwise non-removable claims or causes of
action, the entire case may be removed and the district court may
determine all issues therein, or, in its discretion, may remand all
matters in which state law predominates.”
As such, any subsequent claims by Plaintiff for violations of state
statutes will have arisen out of the same factual allegations as the claims
under the FDCPA.
Demand For Jury Trial
Defendant demands trial by jury regarding any issues of fact and law
that remain following the ruling on any dispositive motions filed herein.
Defendant estimates that a trial will take 1-2 days.
Conclusion
For the foregoing reasons, this Honorable Court should grant Defendant,
North American Credit Services, Inc.’s Petition and enter an order removing
the entire case from the County Court, in and for Hillsborough County, to the
United States District Court, Middle District of Florida, Tampa Division.
Dated this 20th day of March 2024.
Respectfully submitted,
/s/ Ernest H. Kohlmyer, III
Ernest H. Kohlmyer, III, Esq.,
LL.M.
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Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 7 of 7 PageID 7
Florida Bar No. 110108
skohlmyer@shepardfirm.com
service@shepardfirm.com
Shepard, Smith, Kohlmyer &
Hand, P.A.
2300 Maitland Center Parkway,
Suite 100
Maitland, FL 32751
Telephone (407) 622-1772
Facsimile (407) 622-1884
Attorneys for Defendant, North
American Credit Services, Inc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been electronically
filed on March 20, 2024, with the Clerk of the Court by using the electronic
filing system. I further certify that the foregoing has been sent via electronic
transmission to the following: Jason R. Kobal, Esquire at koballaw@yahoo.com.
(Attorneys for Plaintiff).
/s/ Ernest H. Kohlmyer, III
Ernest H. Kohlmyer, III, Esq.,
LL.M.
Florida Bar No.: 110108
skohlmyer@shepardfirm.com
service@shepardfirm.com
Shepard, Smith, Kohlmyer &
Hand, P.A.
2300 Maitland Center Parkway,
Suite 100
Maitland, Florida 32751
Telephone (407) 622-1772
Facsimile (407) 622-1884
Attorneys for Defendant, North
American Credit Services, Inc.
7
3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10
Preview
Filing # 194388216 E-Filed 03/20/2024 05:38:34 AM IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA LESLIE MAZZOCCOLI, Plaintiff, CASE NO. 24-CC-005395 v. NORTH AMERICAN CREDIT SERVICES, INC., Defendant. _____________________________________/ DEFENDANT, NORTH AMERICAN CREDIT SERVICES, INC.‘S NOTICE OF REMOVAL TO FEDERAL COURT COMES NOW, Defendant, North American Credit Services, Inc., by and through its undersigned attorney, and files this Notice of Removal to Federal Court in the above-styled case this 5th day of February 202. The above-styled action has been removed to the Middle District of Florida, Tampa Division, styled: Leslie Mazzoccoli V. North American Credit Services, Inc., Case No.: 8:24-cv-699. 28 U.S.C. Section 1446(d) clearly states: “Promptly after filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of the state court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.” (Emphasis added). Therefore, Defendant, North American Credit Services, Inc. asserts that 28 U.S.C. Section 1446(d) divests this court of subject-matter jurisdiction to take any action on this case after the Notice of Removal is received by the Clerk of Court. Dated this 20th day of March 2024. 3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 Respectfully submitted, /s/ Ernest H. Kohlmyer, III Ernest H. Kohlmyer, III Florida Bar No.: 0101108 2300 Maitland Center Parkway, Suite 100 Maitland, Florida 33751 Telephone: (407) 622-1772 Facsimile (407) 622-1884 SKohlmyer@Shepardfirm.com Attorneys for Defendant, North American Credit Services, Inc. CERTIFICATE OF SERVICE I HEREBY that a copy of the foregoing has been electronically filed on March 20, 2024, via the Florida E-filing Portal and that a copy was furnished by electronic transmission to: Jason R. Kobal, Esquire at koballaw@yahoo.com. (Attorneys for Plaintiff). /s/ Ernest H. Kohlmyer, III Ernest H. Kohlmyer, III Florida Bar No.: 0101108 3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 Exhibit “A” 3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 1 of 7 PageID 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CASE NO.: 8:24-cv-699 LESLIE MAZZOCCOLI, Plaintiff, v. NORTH AMERICAN CREDIT SERVICES, INC., Defendant. _____________________________________/ DEFENDANT, NORTH AMERICAN CREDIT SERVICES, INC.‘S PETITION FOR REMOVAL WITH SUPPORTING MEMORANDUM OF LAW COMES NOW, the Defendant, North American Credit Services, Inc. (“NACS”), by and through its undersigned counsel, and respectfully petitions this Honorable Court for removal of the above-styled civil action from the County Court, in and for Hillsborough County, Florida, to the United States District Court for the Middle District of Florida, Tampa Division, and states as follows: 1. Defendant, North American Credit Services, Inc. is the named Defendant in a civil action brought against it in the County Court, in and for Hillsborough County, Florida, styled: Leslie Mazzoccoli V. North American Credit Services, Inc., Case No.: 24-CC-005395. A copy of the Complaint served 1 3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 2 of 7 PageID 2 in that action, in addition to all process and pleadings served upon Defendant, will be docketed separately by the Clerk. 2. That the aforesaid action was filed with the Clerk of the County Court in Hillsborough County and service of process of said Summons and Complaint, was served upon the Defendant, NACS, on March 1, 2024. 3. That the controversy herein between the Plaintiff and Defendant is a controversy based upon consumer protection rights created by and enforced through federal statutes. In this case, Plaintiff attempts to bring a pleading for alleged violations of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). 4. That the above-described action is a civil action of which this Court has original jurisdiction under the provisions of Title 28, United States Code, §1331, and is one which may be removed to this Court by the Defendant/Petitioner pursuant to the provisions of Title 28, United States Code, §1441(a), in that it is a civil action based upon a federal question over which this Court has original jurisdiction. Further, this Petition for Removal is being submitted to this Court within 30 days after service on NACS of the original Complaint in the above-styled action and is, therefore, timely pursuant to 28 U.S.C. §1446(b). WHEREFORE, NACS respectfully requests that this Honorable Court enter its order removing the entire case from the County Court, in and for 2 3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 3 of 7 PageID 3 Hillsborough County, to the United States District Court, Middle District of Florida, Tampa Division. MEMORANDUM OF LAW IN SUPPORT OF PETITION FOR REMOVAL Statement of the Case and Facts The instant suit is a civil action that includes a federal question, specifically, a claim that the Defendant, North American Credit Services, Inc. (“NACS”) allegedly violated Plaintiff’s consumer protection rights under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The Complaint seeks an award of damages against the Defendant for alleged actions taken during the course of alleged debt collection attempts by the Defendant against the Plaintiff, which is asserted to violate the FDCPA. Plaintiff seeks statutory, actual, and/or punitive damages and seeks judgment for those damages against the Defendant for this alleged conduct. Federal Court Jurisdiction This Court has jurisdiction of this case pursuant to 28 U.S.C. §1331. Section 1331 states as follows: “§1331. Federal question. The federal district courts shall have original jurisdiction of all 3 3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6 Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 4 of 7 PageID 4 civil actions arising under the Constitution, laws, or treaties of the United States. The complaint herein raises a federal question and satisfies the jurisdictional requirements of 28 U.S.C. §1331. This Honorable Court, therefore, has original jurisdiction of this civil action. Removal This is an action which may properly be removed to this Court pursuant to 28 U.S.C. §1441 which states in pertinent part as follows: “Except as otherwise expressly provided by act of Congress, any civil action brought in a state court of which the district courts of the United States has original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending . . . ” Given that this action is one over which the United States District Court for the Middle District of Florida, Tampa Division, would have original jurisdiction, this case may properly be removed by Defendant pursuant to 28 U.S.C. §1446(a) which provides: “A defendant or defendants desiring to remove any civil action or criminal prosecution from a state court shall file in the district court of the United States for the district and division within which such action is pending a Notice of Removal, signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings and orders served upon such defendant or defendants in such action.” 4 3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 7 Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 5 of 7 PageID 5 In the instant suit, NACS has filed a Notice which complies with 28 U.S.C. §1446(a), in that it sets forth facts that show that this Court has original jurisdiction and that this case is subject to removal. Timeliness of Removal 28 U.S.C. §1446(b) requires that a Notice of Removal in a civil action or proceeding shall be filed within thirty (30) days after receipt by Defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based. Additionally, each defendant shall have thirty (30) days after receipt by service on that defendant of the initial pleading or summons to file the notice of removal. Here, the original Complaint was filed with the Court and subsequently served upon NACS on March 1, 2024. Accordingly, this Petition for Removal is being submitted to this Court less than thirty (30) days from service of the Complaint on Defendant. Supplemental Jurisdiction This Court has the discretion to exercise supplemental jurisdiction over any state law claims that have been asserted as part of the underlying action. 28 U.S.C. §1441(c) provides as follows: “Whenever a separate and independent claim or cause of action within the jurisdiction conferred by §1331 of this Title, is joined 5 3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 8 Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 6 of 7 PageID 6 within one or more otherwise non-removable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters in which state law predominates.” As such, any subsequent claims by Plaintiff for violations of state statutes will have arisen out of the same factual allegations as the claims under the FDCPA. Demand For Jury Trial Defendant demands trial by jury regarding any issues of fact and law that remain following the ruling on any dispositive motions filed herein. Defendant estimates that a trial will take 1-2 days. Conclusion For the foregoing reasons, this Honorable Court should grant Defendant, North American Credit Services, Inc.’s Petition and enter an order removing the entire case from the County Court, in and for Hillsborough County, to the United States District Court, Middle District of Florida, Tampa Division. Dated this 20th day of March 2024. Respectfully submitted, /s/ Ernest H. Kohlmyer, III Ernest H. Kohlmyer, III, Esq., LL.M. 6 3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 9 Case 8:24-cv-00699 Document 1 Filed 03/20/24 Page 7 of 7 PageID 7 Florida Bar No. 110108 skohlmyer@shepardfirm.com service@shepardfirm.com Shepard, Smith, Kohlmyer & Hand, P.A. 2300 Maitland Center Parkway, Suite 100 Maitland, FL 32751 Telephone (407) 622-1772 Facsimile (407) 622-1884 Attorneys for Defendant, North American Credit Services, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been electronically filed on March 20, 2024, with the Clerk of the Court by using the electronic filing system. I further certify that the foregoing has been sent via electronic transmission to the following: Jason R. Kobal, Esquire at koballaw@yahoo.com. (Attorneys for Plaintiff). /s/ Ernest H. Kohlmyer, III Ernest H. Kohlmyer, III, Esq., LL.M. Florida Bar No.: 110108 skohlmyer@shepardfirm.com service@shepardfirm.com Shepard, Smith, Kohlmyer & Hand, P.A. 2300 Maitland Center Parkway, Suite 100 Maitland, Florida 32751 Telephone (407) 622-1772 Facsimile (407) 622-1884 Attorneys for Defendant, North American Credit Services, Inc. 7 3/20/2024 5:38 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10