Atashkhaneh v. Sam's East, Inc.
| Ghasem Atashkhaneh |
| Sam's East, Inc. |
| 8:2019cv01133 |
| May 10, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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| Filing 11 Acknowledgment from State Court. The order of remand was received in State Court on May 31, 2019. (KMM) |
Filing 10
ORDER: Because the Court lacks subject matter jurisdiction, the Clerk is directed to REMAND this case to state court and, thereafter, CLOSE this case. Signed by Judge Virginia M. Hernandez Covington on 5/21/2019. (DMD)
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| Filing 9 RESPONSE re 5 Order SUPPLEMENTAL TO NOTICE OF REMOVAL by Sam's East, Inc.. (Beyer, Nancy) |
| Filing 8 ANSWER and affirmative defenses to Complaint with Jury Demand by Sam's East, Inc.(Beyer, Nancy) Modified text on 5/14/2019 (JCG). |
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Filing 7
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 5/14/2019. (TWL)
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| Filing 6 NOTICE by Sam's East, Inc. re #1 Notice of Removal of filing corrected Exhibits to Notice of Removal (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Doud, Kimberly) Modified text on 5/14/2019 (AG). |
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Filing 5
ENDORSED ORDER: On May 10, 2019, Defendant Sam's East, Inc. 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). Sam's relies in part on a pre-suit demand letter demanding $200,000 to establish that the amount in controversy exceeds the $75,000 jurisdictional threshold. 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.'" Lamb, 2010 WL 6790539, at *2 (quoting Jackson v. Select Portfolio Servicing, Inc., 651 F. Supp. 2d 1279, 1281 (S.D. Ala. 2009)). Here, Sam's has not actually provided a copy of the demand letter or a detailed description of its contents in the notice of removal. And it is unclear what concrete damages Plaintiff has incurred to support the $200,000 figure, given his continued employment at Sam's and the vagueness of the Complaint. Thus, it appears to the Court that the demand letter was mere puffery, unsupported by a concrete damages claim. Furthermore, the rest of the record before the Court does not support that the amount in controversy exceeds $75,000 by a preponderance of the evidence. The value of Plaintiff's claim for pain and suffering damages is entirely speculative. And "a mere request for punitive damages, which may reach a statutory maximum of $100,000, does not merit a finding that the amount in controversy has been met." Vanterpool v. Amazon.com.Dedc, LLC, No. 8:17-cv-1347-T-33MAP, 2017 WL 2609551, at *3 (M.D. Fla. June 16, 2017)(explaining that a defendant must provide evidence as to the amount of punitive damages appropriate for the individual case or information on the punitive damages typically recovered in FCRA cases). Finally, while Sam's insists Plaintiff's attorney's fees should be included in the amount in controversy, "only the attorney's fees incurred up to the time of removal may be included in the amount in controversy." McLawhorn v. GEICO Indem. Co., No. 8:17-cv-156-T-33AEP, 2017 WL 1277744, at *5 (M.D. Fla. Apr. 6, 2017). And Sam's has not presented evidence as to the amount of attorney's fees Plaintiff incurred prior to removal. Accordingly, as the amount in controversy is determined at the time of removal and nebulous allegations of emotional distress and punitive damages are insufficient, Sam's is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by May 20, 2019. Signed by Judge Virginia M. Hernandez Covington on 5/10/2019. (DMD)
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| Filing 4 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:19-cv-1133-T-33SPF. (SJB) |
| Filing 3 CERTIFICATE of interested persons and corporate disclosure statement by Sam's East, Inc.. (Doud, Kimberly) |
| Filing 2 NOTICE of pendency of related cases per Local Rule 1.04(d) by Sam's East, Inc.. Related case(s): n (Doud, Kimberly) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court - Pasco County, case number 2019-CA-853 filed in State Court on March 12, 2019. Filing fee $ 400, receipt number 113A-15452437 filed by Sam's East, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 State Court COMPLAINT, #4 State Court Docket Sheet, #5 Civil Cover Sheet)(Doud, Kimberly) Modified on 5/13/2019 (JCG). |
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| Plaintiff: Ghasem Atashkhaneh | |
| Represented By: | Jason William Imler |
| Represented By: | Gary L. Printy, Jr. |
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| Defendant: Sam's East, Inc. | |
| Represented By: | Kimberly J. Doud |
| Represented By: | Nancy A. Beyer |
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