Portes v. City of Doral
1:24-cv-24652
S.D. Fla.Mar 11, 2025Background
- Plaintiffs Juan Jose Portes, Juan Jose Portes Jr., and Romina Portes sued the City of Doral, several individual police officers, and Regions Security Services, Inc. in Florida state court over an incident on February 14, 2023.
- The complaint alleges false arrest, excessive force (Fourth Amendment violation), negligence, assault, battery, and infliction of emotional distress.
- Defendants were served on different dates: City of Doral and Regions Security on September 24 and 27, 2024; individual officers (including Ariel Gonzalez) on November 8, 2024.
- Defendant Gonzalez filed a notice of removal to federal court on November 26, 2024, within 30 days of being served.
- Plaintiffs moved to remand, arguing untimely removal and lack of subject matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Removal | Service on City/Police Dept in Sept. triggered 30-day clock | Gonzalez removed timely within 30 days of personal service | Removal was timely |
| Proper Service on Individual Officer | Service on police department sufficed for officers | Individual officers must be personally served | Personal service on Gonzalez required |
| Federal Question Jurisdiction | No diversity of citizenship, so no federal jurisdiction | Complaint asserts Fourth Amendment (federal) claim | Federal question jurisdiction exists |
| Compliance with Local Rule 7.1(a)(2) | Plaintiffs filed Motion without certification of conferral | Plaintiffs failed to confer per local rules | Failure, but merits still considered |
Key Cases Cited
- Caterpillar Inc. v. Williams, 482 U.S. 386 (U.S. 1987) (well-pleaded complaint rule for federal question jurisdiction)
- Ray v. Bird & Son & Asset Realization Co., 519 F.2d 1081 (5th Cir. 1975) (burden of pleading and proving diversity jurisdiction)
- Martin v. Salvatierra, 233 F.R.D. 630 (S.D. Fla. 2005) (service of process requirements for individual police officers)
- University of South Alabama v. American Tobacco Co., 168 F.3d 405 (11th Cir. 1999) (federal courts must dismiss absent subject matter jurisdiction)
- Bailey v. Janssen Pharmaceutica, Inc., 536 F.3d 1202 (11th Cir. 2008) (later-served defendant rule for removal timing)