Thompson v. Troy-Bilt LLC et al
| Gail Thompson |
| MTD Southwest Inc., Troy-Bilt LLC and Lowe's Home Centers, LLC |
| 8:2018cv02139 |
| August 27, 2018 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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This docket was last retrieved on October 17, 2018. A more recent docket listing may be available from PACER.
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| Filing 10 Acknowledgement of receipt from State Court. State Court Received the Remand Order on October 12, 2018. (KMM) |
Filing 9
ORDER: This case is REMANDED to the Twelfth Judicial Circuit, in and for Sarasota County, Florida, because the Court lacks subject matter jurisdiction. After remand has been effected, the Clerk is directed to CLOSE THIS CASE. Signed by Judge Virginia M. Hernandez Covington on 9/6/2018. (DMD)
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| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by Lowe's Home Centers, LLC, MTD Southwest Inc.. (Mayfield, Robert) |
| Filing 7 RESPONSE re 3 Order Supplemental Brief on Amount in Controversy filed by Lowe's Home Centers, LLC, MTD Southwest Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Mayfield, Robert) |
| Filing 6 ANSWER and affirmative defenses with Jury Demand to #2 Amended Complaint by Lowe's Home Centers, LLC.(Mayfield, Robert) |
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Filing 5
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 8/30/2018. (SAO)
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Filing 4
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by September 12, 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 8/29/2018. (DMD)
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Filing 3
ENDORSED ORDER: Defendants Lowe's Home Centers and MTD Southwest have removed this products liability and negligence case to this Court on the basis of diversity jurisdiction. (Doc. #1 ). The Amended 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). Defendants insist they "have a good faith belief" that the amount in controversy requirement is met because Thompson alleges she sustained cuts, neck injuries, and a torn rotator cuff that required surgery as a result of the accident. But Defendants provide no factual support for their assertion that the amount in controversy exceeds $75,000, such as Thompson's medical costs. Therefore, the record does not show by a preponderance of the evidence that the amount in controversy exceeds $75,000. Accordingly, Defendants are directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by September 5, 2018. Signed by Judge Virginia M. Hernandez Covington on 8/29/2018. (DMD)
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| Filing 2 AMENDED COMPLAINT against Lowe's Home Centers, LLC, MTD Southwest Inc., Troy-Bilt LLC with Jury Demand. filed by Gail Thompson.Filed in State Court on July 23, 2018(KMM) |
| Filing 1 NOTICE OF REMOVAL from 12th Judicial Circuit, Sarasota County, case number 2018-CA-003875 NC filed in State Court on July 20, 2018. Filing fee $ 400, receipt number TPA-52716 filed by MTD Southwest Inc., Lowe's Home Centers, LLC, Troy-Bilt LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet)(KMM) |
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