Durshimer v. LM General Insurance Company
| Michael Steven Durshimer |
| LM General Insurance Company |
| 8:2020cv02014 |
| August 27, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Transmittal of Record to State Court Received. (LNR) |
Filing 7
ORDER: The Clerk is directed to remand this case to state court because the Court lacks subject matter jurisdiction. After remand, the Clerk shall close this case. Signed by Judge Virginia M. Hernandez Covington on 9/8/2020. (AR)
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| Filing 6 RESPONSE re 3 Order; Further Briefing on Amount in Controversy filed by LM General Insurance Company. (Novaes, Jamie) |
| Filing 5 MOTION to Dismiss Count Two of the Complaint by LM General Insurance Company. (Novaes, Jamie) |
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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 8/31/2020. (TWL)
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Filing 3
ENDORSED ORDER: On August 27, 2020, Defendant LM General Insurance Company removed the case to this Court on the basis of diversity jurisdiction. (Doc. #1). However, 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). LM General argues that damages exceed $75,000 due to the insurance policy covering $100,000 per person and $300,000 per accident, and because Durshimer's civil cover sheet provides for an amount of claim of $500,000. But, LM General provides no factual support for any of Durshimer's damages resulting from the automobile accident. Therefore, the Court is unable to determine whether the amount in controversy has been met by Durshimer's damages claim without engaging in heavy speculation. Accordingly, LM General is directed to provide the Court with more information by September 4, 2020, regarding the amount of damages in order to establish that the amount in controversy has been satisfied. Signed by Judge Virginia M. Hernandez Covington on 8/28/2020. (AR)
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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-2014-T-33AEP. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Pasco County Circuit Court, case number 2020-CA-001306 filed in State Court on June 5, 2020. Filing fee $ 400, receipt number 113A-17238363 filed by LM General Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents Exhibit A, #4 Exhibit B, #5 Civil Cover Sheet)(Novaes, Jamie) |
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| Defendant: LM General Insurance Company | |
| Represented By: | Jamie Combee Novaes |
| Represented By: | Matthew J. Lavisky |
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| Plaintiff: Michael Steven Durshimer | |
| Represented By: | Nicole Pearlman |
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