Zota et al v. GeoVera Speciality Insurance Company
| Maria Zota and Ernesto Zota |
| GeoVera Speciality Insurance Company |
| 8:2020cv01457 |
| June 25, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 6, 2020. A more recent docket listing may be available from PACER.
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Filing 8
ENDORSED ORDER: Pursuant to Plaintiffs' notice of voluntary dismissal (Doc. #7), this case is dismissed. The Clerk is directed to close the case. Signed by Judge Virginia M. Hernandez Covington on 7/6/2020. (DMD)
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| Filing 7 NOTICE of voluntary dismissal by Ernesto Zota (Barreto, Daniela) |
| Filing 6 RESPONSE re 3 Order no pdf Notice of Filing Plaintiff's Notice of Voluntary Dismissal, and Notice of Withdrawal of Notice of Removal filed by GeoVera Speciality Insurance Company. (Attachments: #1 Exhibit)(Marsh, Kristina) |
| Filing 5 NOTICE to counsel Joanna M. Alemany of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov (Signed by Deputy Clerk). (TDC) |
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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 6/26/2020. (TWL)
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Filing 3
ENDORSED ORDER: On June 25, 2020, Defendant GeoVera Specialty 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). GeoVera argues the amount in controversy is met because Plaintiffs provided a sworn statement estimating the alleged damage to their property to be $66,952.98. But this amount falls below the $75,000 threshold. Additionally, GeoVera notes that Plaintiffs are requesting statutory attorney's fees. But GeoVera provides no information about the amount of attorney's fees incurred before removal. Despite GeoVera's argument to the contrary, this Court only considers attorney's fees incurred before removal for the amount in controversy analysis. See, e.g., 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)); Miller Chiropractic & Med. Ctrs., Inc. v. Progressive Select Ins. Co., No. 8:16-cv-3034-T-33MAP, 2016 WL 6518782, at *2 (M.D. Fla. Nov. 3, 2016)(noting that there is "'no reason to deviate from the general rule that in a removed case the amount in controversy is determined as of the time of removal,' to include a highly speculative amount of attorney's fees estimated through trial" (citation omitted)); Rogatinsky v. Metro. Life Ins. Co., No. 09-80740-CIV, 2009 WL 3667073, at *2 (S.D. Fla. Oct. 26, 2009)("[F]or jurisdictional purposes, the amount of attorney's fees are calculated at the time of removal."). In short, the record does not show by a preponderance of the evidence that the amount in controversy exceeds $75,000. Accordingly, GeoVera is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by July 2, 2020. Signed by Judge Virginia M. Hernandez Covington on 6/25/2020. (DMD)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:20-cv-1457-T-33AEP. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 13th Judicial Circuit, in and for Hillsborough County, Florida case number 20-CA-4068 filed in State Court on 5/12/2020. Filing fee $ 400, receipt number 113A-16984714 filed by GeoVera Speciality Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Marsh, Kristina) Modified on 6/29/2020 (TDC). |
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