Libbey v. Kosterlitz
| Robert Libbey |
| Michael Kosterlitz |
| 8:2018cv01303 |
| June 1, 2018 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Pinellas |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Contract: Marine |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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This docket was last retrieved on July 5, 2018. A more recent docket listing may be available from PACER.
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| Filing 10 TRANSFER to Ft. Myers Division and assigned case number 8:18-cv-466-FTM-29CM (KMM) |
Filing 9
ORDER: The Clerk is directed to transfer this case to the United States District Court for the Middle District of Florida, Fort Myers Division. After transfer has been effected, the Clerk shall close the case. Signed by Judge Virginia M. Hernandez Covington on 7/3/2018. (KAK)
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| Filing 8 NOTICE of pendency of related cases Related to 8:18-cv-00569-VMC-JSS, United States District Court, Middle District of Florida Tampa Division per Local Rule 1.04(d) by Michael Kosterlitz. Related case(s): yes (Schutz, Donald) |
| Filing 7 ANSWER and affirmative defenses to #2 Complaint by Michael Kosterlitz.(Schutz, Donald) |
| Filing 6 DEFENDANT'S BRIEF re 3 Order Defendant's Brief in Response to Court Order Requiring Defendant to Provide More Informatoin Concerning Propriety of Removal filed by Michael Kosterlitz. (Schutz, Donald) |
| Filing 5 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Robert Libbey. Related case(s): yes (Kayusa, Michael) |
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 6/5/2018. (SAO)
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Filing 3
ENDORSED ORDER: Defendant Kosterlitz has removed this state declaratory judgment action about the ownership of a vessel based on this Court's admiralty jurisdiction. (Doc. #1). According to Kosterlitz, this action is "an action to try title with respect to a vessel and to obtain possession of a vessel, and is therefore subject to the original jurisdiction of this Court pursuant to the Supplemental Rules for Admiralty or Maritime claims and Rule D." Kosterlitz provides no further analysis and cites no case law in support of removal. Here, the Complaint consists of a single state claim for declaratory relief, seeking "a declaratory judgment finding that based upon circumstances outlined in this complaint that the document attached to this complaint is good and sufficient title to the vessel and that Plaintiff is the sole owner of the vessel." (Doc. #2). Pursuant to 28 U.S.C. 1333(1), federal courts have original jurisdiction over "[a]ny civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled." Because of the "saving to suitors" clause, "federal courts 'do not have original jurisdiction, based solely on its 1333 admiralty jurisdiction, over general maritime claims requesting common law remedies." J.P. v. Connell, 93 F. Supp. 3d 1298, 1302 (M.D. Fla. 2015)(quoting Pierce v. Parker Towing Co., 25 F. Supp. 3d 1372, 1376 (S.D. Ala. 2014)); Armstrong v. Alabama Power Co., 667 F.2d 1385, 1388 (11th Cir. 1982)("[A] federal district court should not accept the removal of a saving clause case solely because of its general maritime nature: the maritime nature simply does not provide a ground for federal jurisdiction."). "To remove an admiralty or maritime case, the defendant must identify in the complaint an independent basis for subject matter jurisdiction, such as a federal question or diversity of citizenship." Vincent v. Regions Bank, No. 8:08-cv-1756-T-23EAJ, 2008 WL 5235114, at *1 (M.D. Fla. Dec. 15, 2008); see also Langlois v. Kirby Inland Marine, LP, 139 F. Supp. 3d 804, 809 (M.D. La. 2015) (citing over forty cases for the proposition that a "growing chorus of district courts [] have concluded that the [the 2011 amendment to 1441] did not upset the long-established rule that general maritime law claims, saved to suitors, are not removable to federal court, absent some basis for original federal jurisdiction other than admiralty"); Marine Terminals Corp. v. St. Paul Fire & Marine Ins. Co., No. C 89-4557 MHP, 1990 WL 174478, at *5 (N.D. Cal. Apr. 25, 1990)(granting motion to remand state declaratory judgment action because, even "[a]ssuming arguendo, therefore, that the insurance policy is a maritime contract, defendants are still barred from removing the action unless they can sustain their burden of proof of demonstrating that there is a separate basis for jurisdiction"). Here, the notice of removal does not claim there is a federal question pursuant to 28 U.S.C. 1331. And, in his civil cover sheet, Kosterlitz acknowledges that he and Libbey are both citizens of Florida such that diversity jurisdiction does not exist. (Doc. # 1-1). Accordingly, Kosterlitz is directed to provide more information concerning the propriety of removal by June 11, 2018. Signed by Judge Virginia M. Hernandez Covington on 6/4/2018. (DMD)
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| Filing 2 COMPLAINT against Michael Kosterlitz filed by Robert Libbey.filed in State Court on March 9, 2018(KMM) |
| Filing 1 NOTICE OF REMOVAL from 20th Judicial Circuit in and for Lee County, FL, case number 18-CA-000956 filed in State Court on March 9, 2018. Filing fee $ 400, receipt number TPA-50970 filed by Michael Kosterlitz. (Attachments: #1 Civil Cover Sheet)(KMM) |
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| Plaintiff: Robert Libbey | |
| Represented By: | Michael F. Kayusa |
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| Defendant: Michael Kosterlitz | |
| Represented By: | Donald J. Schutz |
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