Odell v. Gordon Food Service Store LLC et al
| George Odell |
| Gordon Food Service Store LLC and Republic Refrigeration Incorporated |
| 8:2019cv02760 |
| November 6, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| P.I.: Other |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.
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| ACKNOWLEDGMENT of receipt by State Court of the Transmittal of Record to State Court on 11/21/19. (DG) |
Filing 7
ORDER: The Clerk is directed to REMAND this case to state court and, thereafter, CLOSE the case. Signed by Judge Virginia M. Hernandez Covington on 11/15/2019. (DMD)
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| Filing 6 ANSWER and affirmative defenses to Complaint with Jury Demand by Republic Refrigeration Incorporated.(Goss, Kyle) |
| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE re 3 Order filed by Republic Refrigeration Incorporated. (Attachments: #1 Exhibit Medical Records (redacted), #2 Exhibit Medical Bills (redacted), #3 Exhibit Pre-suit Demand Letter)(Goss, Kyle) |
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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 11/12/2019. (TWL)
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Filing 3
ENDORSED ORDER: On November 6, 2019, Defendant Republic Refrigeration removed this case to federal 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). To establish the amount in controversy, Republic Refrigeration relies on a settlement demand for $250,000 Plaintiff made to Republic Refrigeration as well as Plaintiff's past medical expenses, which are far less than $75,000. The Court is not convinced that the amount in controversy exceeds $75,000 based on this information. Again, the past medical expenses fall far below the $75,000 threshold. And settlement demands 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 settlement demands "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)). Nothing in the record before the Court supports that the settlement demand was more than mere puffery. Thus, Republic Refrigeration has not shown by a preponderance of the evidence that the amount in controversy exceeds $75,000. Accordingly, Republic Refrigeration is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by November 14, 2019. Signed by Judge Virginia M. Hernandez Covington on 11/7/2019. (DMD)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:19-cv-2760-T-33SPF. (LRB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Thirteenth Judicial Circuit in and for Hillsborough County, case number 19-CA-10070 filed in State Court on 10/01/2019. Filing fee $ 400, receipt number 113A-16118785 filed by Republic Refrigeration Incorporated. (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal, #3 State Court COMPLAINT, #4 State Court ANSWER of Gordon Food Service Store LLC, #5 State Court Docket Sheet, #6 Civil Cover Sheet)(Yount, Scott) Modified on 11/7/2019 (WCD). |
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