Atchinson v. Kmart Corporation

Atchinson v. Kmart Corporation

Plaintiff:	Craig Atchinson
Defendant:	Kmart Corporation
Case Number:	8:2010cv02297
Filed:	October 14, 2010
Court:	US District Court for the Middle District of Florida
Office:	Tampa Office
County:	Manatee
Presiding Judge:	Susan C Bucklew
Presiding Judge:	Anthony E. Porcelli
Nature of Suit:	Other Personal Injury
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Both

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Date Filed	Document Text
November 12, 2010	Filing 12 It is ORDERED AND ADJUDGED that: (1) Plaintiff is directed to file an Amended Complaint striking paragraph 21, adding Decedent's spouse as a plaintiff, and clarifying the jurisdictional amount of the controversy to be greater than $15,000 b ut less than $75,000 by November 24, 2010; (2) Defendant's 4 Motion to Strike Paragraph 21 of the Complaint is DENIED AS MOOT upon Plaintiff's filing of his Amended Complaint; (3) Defendant's 5 Motion to Dismiss Count II of th e Complaint is GRANTED and the claim is dismissed without prejudice; and (4) This case will be remanded to state court upon Plaintiff's filing of the Amended Complaint with a jurisdictional allegation that the amount in controversy is less than $75,000. Signed by Judge Susan C Bucklew on 11/12/2010. (REE)

Date Filed

Document Text

November 12, 2010

Filing 12 It is ORDERED AND ADJUDGED that: (1) Plaintiff is directed to file an Amended Complaint striking paragraph 21, adding Decedent's spouse as a plaintiff, and clarifying the jurisdictional amount of the controversy to be greater than $15,000 b ut less than $75,000 by November 24, 2010; (2) Defendant's 4 Motion to Strike Paragraph 21 of the Complaint is DENIED AS MOOT upon Plaintiff's filing of his Amended Complaint; (3) Defendant's 5 Motion to Dismiss Count II of th e Complaint is GRANTED and the claim is dismissed without prejudice; and (4) This case will be remanded to state court upon Plaintiff's filing of the Amended Complaint with a jurisdictional allegation that the amount in controversy is less than $75,000. Signed by Judge Susan C Bucklew on 11/12/2010. (REE)

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Plaintiff: Craig Atchinson
Represented By:	William Wade Thompson
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Defendant: Kmart Corporation
Represented By:	Michael L. Forte
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