Central Properties Inc. v. Aaron's Inc.
| CENTRAL PROPERTIES INC., AS TRUSTEE OF THE AARON TRUST DATED and Central Properties Inc. |
| Aaron's Inc. and Aaron's Inc. a Georgia Corporation doing business as Aaron Rents Inc. |
| 8:2020cv01534 |
| July 7, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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Filing 7
ENDORSED ORDER: On July 7, 2020, Aaron's Inc. removed the case to this Court on the basis of diversity jurisdiction, 28 U.S.C. 1332. (Doc. #2). 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). In its notice of removal, Aaron's Inc. conclusorily asserted that the complaint "contains claims which could exceed the sum or value of $75,000.00, exclusive of interests and costs," without providing any factual support or analysis. (Id. at 4). Because Aaron's Inc. failed to show by a preponderance of the evidence that the amount in controversy requirement is met, the Court permitted Aaron's Inc. to provide additional information establishing that the amount in controversy is met by July 14, 2020. Additionally, the Court permitted Aaron's Inc. to provide additional information establishing that removal was timely by that same date. That date has passed, but Aaron's Inc. has not filed any information regarding the amount in controversy or timeliness of removal. Thus, the Court determines that Aaron's Inc. has failed to establish by a preponderance of the evidence that the amount in controversy requirement is met in this case. Because the Court lacks subject matter jurisdiction, the Clerk is directed to remand this case to state court. Signed by Judge Virginia M. Hernandez Covington on 7/16/2020. (DMD)
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| Filing 6 NOTICE by Central Properties Inc. Notice of service of answer to Defendant's Interrogatories (Ouellette, Natalia) |
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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 7/9/2020. (TWL) (TWL).
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Filing 4
ENDORSED ORDER: Defendant has removed the case to this Court on the basis of diversity jurisdiction. (Doc. #2). 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). Defendant has not carried this burden. Indeed, Defendant merely asserts that the complaint "contains claims which could exceed the sum or value of $75,000.00, exclusive of interests and costs." This conclusory allegation--devoid of facts or analysis--is insufficient to establish that the amount in controversy exceeds $75,000. Additionally, the notice of removal was filed well over 30 days after Defendant was served with the complaint. Although Defendant asserts that it filed the notice of removal "within 30 days from which Defendant first ascertained that the action was in fact removable," Defendant does not explain why it could not determine that the amount in controversy was met earlier or what subsequent event enabled it to determine that the amount in controversy is met. Accordingly, Defendant is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met and that removal was proper by July 14, 2020. Signed by Judge Virginia M. Hernandez Covington on 7/8/2020. (DMD)
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| Filing 3 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:20-cv-1534-T-33AEP. (SJB) |
| Filing 2 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Circuit Court, case number 2020-CA-3921 filed in State Court on 05-06-2020. Filing fee $ 400, receipt number 113A-17025635 filed by Aaron's Inc. (Attachments: #1 State Court COMPLAINT, #2 Main Document, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet) (Archibald, Michael) Modified on 7/9/2020 (CRH). |
| Filing 1 ***TERMINATED; WRONG EVENT; REFILED AT #2*** Modified on 7/9/2020 (CRH). |
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