AMENDED COMPLAINT and NOTICE OF REMOVAL from the 12th Judicial Circuit Court In and For Sarasota County, Florida, case number 2023-CA-004552 filed in State Court on 05/20/2023 filed by WP Company LLC. (Attachments: # (1) Civil Cover Sheet, # (2) State Court COMPLAINT, # (3) State Court Docket Sheet, # (4) State Court Other Documents EXHIBIT 1)(Locicero, Carol) Modified text on 7/18/2023 (KME). Modified on 7/19/2023 to edit docket text (BCB).
Page 1 PageID
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TRUMP MEDIA & TECHNOLOGY
GROUP CORP.,
Plaintiff,
Case No: 8:23-CV-01535-TPB-AAS
vs.
WP COMPANY LLC d/b/a The
Washington Post,
Defendant.
______________________________/
CORRECTED NOTICE OF REMOVAL
Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, defendant WP Company LLC
d/b/a The Washington Post (the “Post”) respectfully submits this Corrected Notice
of Removal (“Corrected Notice”) to correct an error in Paragraph 13 of its original
Notice of Removal (Doc. No. 1, July 10, 2023), which inadvertently included an
insertion of Delaware as one of the Post’s states of citizenship.
The original Notice fully disclosed the basis for diversity jurisdiction. The
error in Paragraph 13, however, may have caused confusion. Counsel apologize for
the error and submit this Corrected Notice, which identifies the State of Washington
as the sole state of which the Post is a citizen. (Doc. No. 1, ¶ 12).
The only substantive change within the numbered paragraphs of this Corrected Notice from the
original Notice of Removal (Doc. No. 1) is in Paragraph 13 where the Post corrects the error.Page 2 PageID
As such, removal of the above-referenced action from the Circuit Court of the
Twelfth Judicial Circuit in and for Sarasota County, Florida (the “State Court
Action”) remains proper because there is diversity of citizenship and the amount in
controversy exceeds $75,000, exclusive of interests and costs.
BACKGROUND
1.
On or about May 20, 2023, plaintiff Trump Media & Technology Group
Corp. (“TMTG”) filed the removed case, Trump Media & Technology Group Corp.
v. WP Company LLC, Case No. 2023-CA-004552, in the Circuit Court of the
Twelfth Judicial Circuit in and for Sarasota County, Florida. Plaintiff served the
Complaint on June 9, 2023.
2.
In its Complaint, Plaintiff asserts a claim for defamation and a claim
for conspiracy to defame against the Post. Compl. at ¶¶ 21-32. Plaintiff operates a
social media platform called “Truth Social.” Id. at ¶ 1. Plaintiff alleges that on May
13, 2023, the Post published an article allegedly reporting that plaintiff arranged an
$8 million loan from a Caribbean bank associated with servicing the adult
entertainment industry. Id. at ¶¶ 11-12. Plaintiff asserts causes of action for
defamation and conspiracy. Plaintiff alleges compensatory damages of at least
$2,780,000,000.00 and punitive damages of at least $1,000,000,000.00. Id. at ¶¶ 1,
27, 32 & p.18-19.
3.
In accordance with Local Rule 1.06(b) and 28 U.S.C. §1446(a), true Page 3 PageID
and legible copies of all papers on file with the state court are attached hereto as
Exhibit 1.
These papers include Plaintiff’s Complaint, as well as service
documents, case management order and hearing notice. The Post has not yet filed a
responsive pleading or motion in the Circuit Court of the Twelfth Judicial Circuit in
and for Sarasota County, Florida. The Post is not aware of any other pending
motions or briefs in state court.
4.
Pursuant to 28 U.S.C. §1446(d), the Post served written notice of the
removal of this case on Plaintiff’s counsel and a copy was promptly filed with the
Clerk of the Twelfth Judicial Circuit in and for Sarasota County, Florida. A true and
correct copy of the Notice of Filing Notice of Removal filed in the Twelfth Judicial
Circuit is attached within Exhibit 1.
5.
Nothing in this notice shall constitute a waiver of the Post’s right to
assert any defense, including a motion to dismiss, as the case progresses. The Post
further reserves all defenses and objections to the Complaint, including but not
limited to: lack of personal jurisdiction, improper venue, forum non conveniens,
insufficiency of process, insufficiency of service of process, failure to join necessary
parties, lack of standing, and failure to state a claim.
VENUE
6.
Venue is proper under 28 U.S.C. § 1441(a) because this Court is the
For clarity of the record, the Complaint has been isolated into a separate PDF for the docket. Page 4 PageID
United States District Court for the district and division embracing the place where
the State Court Action is pending.
REMOVAL IS TIMELY
7.
The removal is timely under 28 U.S.C. §1446(b). Plaintiff filed its
Complaint on May 20, 2023 and served the Post on June 9, 2023. A true and correct
copy of Plaintiff’s proof of service is attached within Exhibit 1. The Post filed the
Notice of Removal within thirty (30) days of service, as required by law. See
Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 347-48 (1999)
(“[A] named defendant’s time to remove is triggered by simultaneous service of the
summons and complaint, or receipt of the complaint, ‘through service or otherwise,’
after and apart from service of the summons.”). Accordingly, removal is timely as
it falls within this thirty-day period.
JURISDICTION
8.
This Court has jurisdiction over this action pursuant to 28 U.S.C.
§ 1332(a).
9.
United States District Courts are vested with original jurisdiction where
“the matter in controversy exceeds the sum or value of $75,000, exclusive of interest
and costs, and is between citizens of different States.” 28 U.S.C. § 1332(a)(1).
A. The Diversity Requirement.
10. The diversity requirement is met in this case. Page 5 PageID
11. Citizenship of Plaintiff.
TMTG is a Delaware corporation
headquartered in Sarasota, Florida. Compl. ¶ 3. For diversity purposes, a corporation
is a citizen of both the state where it is incorporated and the state where it has its
principal place of business. 28 U.S.C. § 1332(c)(1). Thus, TMTG is a citizen of
Delaware and Florida.
12. Citizenship of Defendant. The Post is a Delaware limited liability
company organized under the laws of Delaware. “For the purpose of determining
diversity jurisdiction, ‘a limited liability company is a citizen of any state of which
a member of the company is a citizen.’” Flintlock Const. Services, LLC v. WellCome Holdings, LLC, 710 F.3d 1221, 1224 (11th Cir. 2013) (quoting Rolling Greens
MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004)).
The Post’s sole member is Nash Holdings LLC, a limited liability company
organized under the laws of Delaware. Nash Holdings LLC’s two members are Nash
Parallel Investment LLC, organized under the laws of Delaware, and Explore
Holdings LLC, organized under the laws of the State of Washington. Explore
Holdings LLC is the sole member of Nash Parallel Investment LLC. Explore
Holdings LLC’s sole member is Jeff Bezos, who is a citizen of the State of
Washington.
13. Thus, complete diversity exists between TMTG, a citizen of Delaware
and Florida, and the Post, a citizen of the State of Washington. Page 6 PageID
B. Value of the Matter in Controversy.
14. The amount in controversy requirement is satisfied because TMTG’s
alleged claims exceed the sum or value of $75,000, exclusive of interests and costs.
TMTG alleges that it seeks “compensatory damages and punitive damages in the
sum of $3,780,000,000.00.” Compl. at p.1 (emphasis omitted); see also id. at ¶¶ 27,
32 & p.18-19. Based on the face of the Complaint, the amount in controversy
exceeds the jurisdictional minimum, and diversity jurisdiction is satisfied.
CONCLUSION
Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, the Post removes the abovecaptioned action from the Circuit Court of the Twelfth Judicial Circuit in and for
Sarasota County, Florida, to the United States District Court for the Middle District
of Florida, Tampa Division.
Dated: July 18,
Respectfully submitted,
THOMAS & LoCICERO PL
WILLIAMS & CONNOLLY LLP
/s/ Carol J. LoCicero
Carol Jean LoCicero (FBN 603030)
Linda R. Norbut (FBN 1011401)
601 South Boulevard
Tampa, FL Telephone: (813) 984-Facsimile: (813) 984-clocicero@tlolawfirm.com
lnorbut@tlolawfirm.com
/s/ Thomas G. Hentoff
Thomas G. Hentoff (Lead Counsel)
(pro hac vice)
Nicholas G. Gamse (pro hac vice)
680 Maine Avenue S.W.
Washington, DC Telephone: (202) 434-thentoff@wc.com
ngamse@wc.com
Counsel for Defendant
Counsel for Defendant Page 7 PageID
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
document is being electronically filed and will be furnished via CM/ECF and via
Electronic Mail on July 18, 2023, to:
Jason R. Kobal, Esquire
KOBAL LAW, P.A.
12169 W. Linebaugh Ave.
Tampa, FL koballaw@yahoo.com
Steven S. Biss, Esquire
300 West Main Street, Ste. Charlottesville, VA stevenbiss@earthlink.net
Counsel for the Plaintiff
Counsel for the Plaintiff
/s/ Carol J. LoCicero
Attorney
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 8:23-cv-01535-TPB-AAS Document 13 Filed 07/18/23 Page 1 of 7 PageID 176
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TRUMP MEDIA & TECHNOLOGY
GROUP CORP.,
Plaintiff,
Case No: 8:23-CV-01535-TPB-AAS
vs.
WP COMPANY LLC d/b/a The
Washington Post,
Defendant.
______________________________/
CORRECTED NOTICE OF REMOVAL
Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, defendant WP Company LLC
d/b/a The Washington Post (the “Post”) respectfully submits this Corrected Notice
of Removal (“Corrected Notice”) to correct an error in Paragraph 13 of its original
Notice of Removal (Doc. No. 1, July 10, 2023), which inadvertently included an
insertion of Delaware as one of the Post’s states of citizenship.
The original Notice fully disclosed the basis for diversity jurisdiction. The
error in Paragraph 13, however, may have caused confusion. Counsel apologize for
the error and submit this Corrected Notice, which identifies the State of Washington
as the sole state of which the Post is a citizen. (Doc. No. 1, ¶ 12).1
1
The only substantive change within the numbered paragraphs of this Corrected Notice from the
original Notice of Removal (Doc. No. 1) is in Paragraph 13 where the Post corrects the error.
PDF Page 3
Case 8:23-cv-01535-TPB-AAS Document 13 Filed 07/18/23 Page 2 of 7 PageID 177
As such, removal of the above-referenced action from the Circuit Court of the
Twelfth Judicial Circuit in and for Sarasota County, Florida (the “State Court
Action”) remains proper because there is diversity of citizenship and the amount in
controversy exceeds $75,000, exclusive of interests and costs.
BACKGROUND
1.
On or about May 20, 2023, plaintiff Trump Media & Technology Group
Corp. (“TMTG”) filed the removed case, Trump Media & Technology Group Corp.
v. WP Company LLC, Case No. 2023-CA-004552, in the Circuit Court of the
Twelfth Judicial Circuit in and for Sarasota County, Florida. Plaintiff served the
Complaint on June 9, 2023.
2.
In its Complaint, Plaintiff asserts a claim for defamation and a claim
for conspiracy to defame against the Post. Compl. at ¶¶ 21-32. Plaintiff operates a
social media platform called “Truth Social.” Id. at ¶ 1. Plaintiff alleges that on May
13, 2023, the Post published an article allegedly reporting that plaintiff arranged an
$8 million loan from a Caribbean bank associated with servicing the adult
entertainment industry. Id. at ¶¶ 11-12. Plaintiff asserts causes of action for
defamation and conspiracy. Plaintiff alleges compensatory damages of at least
$2,780,000,000.00 and punitive damages of at least $1,000,000,000.00. Id. at ¶¶ 1,
27, 32 & p.18-19.
3.
In accordance with Local Rule 1.06(b) and 28 U.S.C. §1446(a), true
2
PDF Page 4
Case 8:23-cv-01535-TPB-AAS Document 13 Filed 07/18/23 Page 3 of 7 PageID 178
and legible copies of all papers on file with the state court are attached hereto as
Exhibit 1.2
These papers include Plaintiff’s Complaint, as well as service
documents, case management order and hearing notice. The Post has not yet filed a
responsive pleading or motion in the Circuit Court of the Twelfth Judicial Circuit in
and for Sarasota County, Florida. The Post is not aware of any other pending
motions or briefs in state court.
4.
Pursuant to 28 U.S.C. §1446(d), the Post served written notice of the
removal of this case on Plaintiff’s counsel and a copy was promptly filed with the
Clerk of the Twelfth Judicial Circuit in and for Sarasota County, Florida. A true and
correct copy of the Notice of Filing Notice of Removal filed in the Twelfth Judicial
Circuit is attached within Exhibit 1.
5.
Nothing in this notice shall constitute a waiver of the Post’s right to
assert any defense, including a motion to dismiss, as the case progresses. The Post
further reserves all defenses and objections to the Complaint, including but not
limited to: lack of personal jurisdiction, improper venue, forum non conveniens,
insufficiency of process, insufficiency of service of process, failure to join necessary
parties, lack of standing, and failure to state a claim.
VENUE
6.
2
Venue is proper under 28 U.S.C. § 1441(a) because this Court is the
For clarity of the record, the Complaint has been isolated into a separate PDF for the docket.
3
PDF Page 5
Case 8:23-cv-01535-TPB-AAS Document 13 Filed 07/18/23 Page 4 of 7 PageID 179
United States District Court for the district and division embracing the place where
the State Court Action is pending.
REMOVAL IS TIMELY
7.
The removal is timely under 28 U.S.C. §1446(b). Plaintiff filed its
Complaint on May 20, 2023 and served the Post on June 9, 2023. A true and correct
copy of Plaintiff’s proof of service is attached within Exhibit 1. The Post filed the
Notice of Removal within thirty (30) days of service, as required by law. See
Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 347-48 (1999)
(“[A] named defendant’s time to remove is triggered by simultaneous service of the
summons and complaint, or receipt of the complaint, ‘through service or otherwise,’
after and apart from service of the summons.”). Accordingly, removal is timely as
it falls within this thirty-day period.
JURISDICTION
8.
This Court has jurisdiction over this action pursuant to 28 U.S.C.
§ 1332(a).
9.
United States District Courts are vested with original jurisdiction where
“the matter in controversy exceeds the sum or value of $75,000, exclusive of interest
and costs, and is between citizens of different States.” 28 U.S.C. § 1332(a)(1).
A. The Diversity Requirement.
10. The diversity requirement is met in this case.
4
PDF Page 6
Case 8:23-cv-01535-TPB-AAS Document 13 Filed 07/18/23 Page 5 of 7 PageID 180
11. Citizenship of Plaintiff.
TMTG is a Delaware corporation
headquartered in Sarasota, Florida. Compl. ¶ 3. For diversity purposes, a corporation
is a citizen of both the state where it is incorporated and the state where it has its
principal place of business. 28 U.S.C. § 1332(c)(1). Thus, TMTG is a citizen of
Delaware and Florida.
12. Citizenship of Defendant. The Post is a Delaware limited liability
company organized under the laws of Delaware. “For the purpose of determining
diversity jurisdiction, ‘a limited liability company is a citizen of any state of which
a member of the company is a citizen.’” Flintlock Const. Services, LLC v. WellCome Holdings, LLC, 710 F.3d 1221, 1224 (11th Cir. 2013) (quoting Rolling Greens
MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004)).
The Post’s sole member is Nash Holdings LLC, a limited liability company
organized under the laws of Delaware. Nash Holdings LLC’s two members are Nash
Parallel Investment LLC, organized under the laws of Delaware, and Explore
Holdings LLC, organized under the laws of the State of Washington. Explore
Holdings LLC is the sole member of Nash Parallel Investment LLC. Explore
Holdings LLC’s sole member is Jeff Bezos, who is a citizen of the State of
Washington.
13. Thus, complete diversity exists between TMTG, a citizen of Delaware
and Florida, and the Post, a citizen of the State of Washington.
5
PDF Page 7
Case 8:23-cv-01535-TPB-AAS Document 13 Filed 07/18/23 Page 6 of 7 PageID 181
B. Value of the Matter in Controversy.
14. The amount in controversy requirement is satisfied because TMTG’s
alleged claims exceed the sum or value of $75,000, exclusive of interests and costs.
TMTG alleges that it seeks “compensatory damages and punitive damages in the
sum of $3,780,000,000.00.” Compl. at p.1 (emphasis omitted); see also id. at ¶¶ 27,
32 & p.18-19. Based on the face of the Complaint, the amount in controversy
exceeds the jurisdictional minimum, and diversity jurisdiction is satisfied.
CONCLUSION
Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, the Post removes the abovecaptioned action from the Circuit Court of the Twelfth Judicial Circuit in and for
Sarasota County, Florida, to the United States District Court for the Middle District
of Florida, Tampa Division.
Dated: July 18, 2023
Respectfully submitted,
THOMAS & LoCICERO PL
WILLIAMS & CONNOLLY LLP
/s/ Carol J. LoCicero
Carol Jean LoCicero (FBN 603030)
Linda R. Norbut (FBN 1011401)
601 South Boulevard
Tampa, FL 33606
Telephone: (813) 984-3060
Facsimile: (813) 984-3070
clocicero@tlolawfirm.com
lnorbut@tlolawfirm.com
/s/ Thomas G. Hentoff
Thomas G. Hentoff (Lead Counsel)
(pro hac vice)
Nicholas G. Gamse (pro hac vice)
680 Maine Avenue S.W.
Washington, DC 20024
Telephone: (202) 434-5000
thentoff@wc.com
ngamse@wc.com
Counsel for Defendant
Counsel for Defendant
6
PDF Page 8
Case 8:23-cv-01535-TPB-AAS Document 13 Filed 07/18/23 Page 7 of 7 PageID 182
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
document is being electronically filed and will be furnished via CM/ECF and via
Electronic Mail on July 18, 2023, to:
Jason R. Kobal, Esquire
KOBAL LAW, P.A.
12169 W. Linebaugh Ave.
Tampa, FL 33626
koballaw@yahoo.com
Steven S. Biss, Esquire
300 West Main Street, Ste. 102
Charlottesville, VA 22903
stevenbiss@earthlink.net
Counsel for the Plaintiff
Counsel for the Plaintiff
/s/ Carol J. LoCicero
Attorney
7
Back to 
