Sanson et al v. American Security Insurance Company
| Nora Sanson and Joaquin Sanson |
| American Security Insurance Company |
| F. Dennis Alvarez |
| 8:2018cv02039 |
| August 17, 2018 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2018. A more recent docket listing may be available from PACER.
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Filing 15
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #14 ), this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 9/21/2018. (DMD)
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| Filing 14 NOTICE of settlement by Joaquin Sanson, Nora Sanson (Boggs, Amy) |
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Filing 13
ENDORSED ORDER: On August 29, 2018, the Court entered its case management and scheduling order (Doc. #9 ), directing Plaintiffs to file a notice of mediation by September 19, 2018. A review of the docket reveals that no notice has been filed. Accordingly, Plaintiffs are directed to file a notice of mediation, indicating the date, time, and location of the mediation conference, by September 25, 2018. Signed by Judge Virginia M. Hernandez Covington on 9/20/2018. (DMD)
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Filing 12
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. D. Scott Boggs is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until October 1, 2018, to comply with this Order. Failure to do so will result in counsel's appearance being stricken from the record without further notice from the Court. Further, upon review of the file, the Court finds that the named counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by October 1, 2018. Signed by Judge Virginia M. Hernandez Covington on 9/5/2018. (SAO)
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| Filing 11 NOTICE of pendency of related cases re #1 Notice of Removal, 4 Order, #6 Related case order and track 2 notice per Local Rule 1.04(d) by Joaquin Sanson, Nora Sanson. Related case(s): yes (Boggs, Amy) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #9 Case management and scheduling order by American Security Insurance Company identifying Corporate Parent Interfinancial, Inc., Other Affiliate Assurant, Inc. for American Security Insurance Company.. (Koch, Brian) |
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Filing 9
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 7/11/2019 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for AUGUST 2019 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington., Conduct mediation hearing by 2/1/2019. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 8/29/2018. (TWL)
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| Filing 8 CASE MANAGEMENT REPORT. (Boggs, Amy) |
| Filing 7 NOTICE by American Security Insurance Company re 4 Order with Additional Information Supporting Amount in Controversy (Attachments: #1 Subject Insurance Policy, #2 2011 CFTL Report, #3 2018 CFTL Report, #4 2011 Chemical Grout Invoice, #5 Declaration of Brian Koch)(Koch, Brian) |
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 8/22/2018. (TWL)
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Filing 5
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by September 4, 2018, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 8/20/2018. (DMD)
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Filing 4
ENDORSED ORDER: On August 17, 2018, American Security Insurance Company removed this case from state court on the basis of diversity jurisdiction. (Doc. #1 ). The Complaint does not specify the amount of damages sought, and when "damages are unspecified, the removing party bears the burden of establishing the jurisdictional amount by a preponderance of the evidence." Lowery v. Ala. Power Co., 483 F.3d 1184, 1208 (11th Cir. 2007). American Security argues the amount in controversy is met because, during the course of the litigation in state court, the Sansons made a settlement demand for "$115,000 unencumbered funds." But demand letters do not automatically establish the amount in controversy. Lamb v. State Farm Fire Mut. Auto. Ins. Co., No. 3:10-cv-615-J-32JRK, 2010 WL 6790539, at *2 (M.D. Fla. Nov. 5, 2010)(stating that demand letters and settlement offers "do not automatically establish the amount in controversy for purposes of diversity jurisdiction"). Rather, courts evaluate whether demand letters "reflect puffing and posturing" or "whether they provide 'specific information to support the plaintiff's claim for damages.'" Id. at *2 (quoting Jackson v. Select Portfolio Servicing, Inc., 651 F. Supp. 2d 1279, 1281 (S.D. Ala. 2009)). Here, the settlement demand is not accompanied by any information justifying the amount, such as estimates for the cost of remediating the alleged sinkhole damage to the Sansons' home. Therefore, the demand for $115,000 alone does not establish that the amount in controversy exceeds $75,000. Additionally, American Security notes that the Sansons are requesting statutory attorney fees. But American Security provides no information about the amount of attorney's fees incurred before removal, and only such fees are considered for the amount in controversy analysis. See Bragg v. Suntrust Bank, No. 8:16-CV-139-T-33TBM, 2016 WL 836692, at *3 (M.D. Fla. Mar. 4, 2016) ("[O]nly the attorney's fees accrued to the day of removal can contribute to the amount in controversy." (citation omitted)). In short, the record does not show by a preponderance of the evidence that the amount in controversy exceeds $75,000. Accordingly, American Security is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by August 27, 2018. Signed by Judge Virginia M. Hernandez Covington on 8/20/2018. (DMD)
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| Filing 3 ANSWER and affirmative defenses to #2 Complaint by American Security Insurance Company. Filed in Pasco County court(case#: 18-CA-2034) 8/4/2018.(CTR) |
| Filing 2 COMPLAINT against American Security Insurance Company with Jury Demand filed by Nora Sanson, Joaquin Sanson. Filed in Hillsborough County court (case#: 18-CA-3735) 4/24/2018.(CTR) |
| Filing 1 NOTICE OF REMOVAL from the 13th Judicial Circuit in and for Hillsborough County, Florida, case number 18-CA-3735 filed in State Court on 4/24/2018. Filing fee $ 400, receipt number TPA052567 filed by American Security Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(CTR) |
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