Trevino v. Amica Mutual Insurance Company
| Yajaira Elizabeth Trevino |
| Amica Mutual Insurance Company |
| 8:2019cv01136 |
| May 10, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 |
| Defendant |
Docket Report
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Filing 8
ENDORSED ORDER: Pursuant to the joint stipulation to dismiss with prejudice (Doc. #7), this case is dismissed with prejudice with each party to bear its own attorney's fees and costs. The Clerk is directed to terminate any pending motions or deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 5/20/2019. (DMD)
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| Filing 7 STIPULATION of Dismissal WITH PREJUDICE by Amica Mutual Insurance Company. (Vaughn, Madeleine) |
| Filing 6 First MOTION to remand to State Court by Yajaira Elizabeth Trevino. (Joyce, 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 5/14/2019. (TWL)
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Filing 4
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by May 28, 2019, 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 5/13/2019. (DMD)
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Filing 3
ENDORSED ORDER: On May 10, 2019, Defendant Amica Mutual 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). Amica relies in part on pre-suit demand letters demanding the combined $100,000 policy limits 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). 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)). Upon review of the demand letters here, the Court is not convinced that the demand letters are more than mere puffery. Additionally, the fact that Plaintiff has only incurred less than $6,000 in past medical expenses seriously undermines Amica's claim that the minimum amount in controversy is met. While one doctor noted that Plaintiff "may require surgery on her back in the future," which would cost an estimated $80,000, this future medical cost calculation is far too speculative to establish the amount in controversy by a preponderance of the evidence. Finally, the Court notes that Amica has not provided a calculation for Plaintiff's alleged lost wages or other economic damages. In short, at this juncture, the Court is not convinced that the amount in controversy requirement is met. Amica 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 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:19-cv-1136-T-33CPT. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Thirteenth Judicial Circuit, case number 2019-CA-003028 filed in State Court on 03/21/2019. Filing fee $ 400, receipt number 113A-15453602 filed by Amica Mutual Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Vaughn, Madeleine) |
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| Plaintiff: Yajaira Elizabeth Trevino | |
| Represented By: | Robert Timothy Joyce |
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| Defendant: Amica Mutual Insurance Company | |
| Represented By: | Madeleine Camille Vaughn |
| Represented By: | John Norris Cain, Jr. |
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