Clayton v. GEICO General Insurance Company
| Melissa Clayton |
| GEICO General Insurance Company |
| 8:2020cv02181 |
| September 16, 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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Filing 16
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 10/1/2020. (LEA)
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| Filing 15 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by GEICO General Insurance Company. Related case(s): no (Lawson, Jennifer) |
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Filing 14
ENDORSED ORDER: The defendant's unopposed motion to replace an exhibit with the redacted version (Doc. #12) is granted. The defendants are directed to file a new version of their notice of removal (Doc. #1) with the sensitive medical information on pages 93-96 redacted. The Court will thereafter direct the Clerk to replace the document in its entirety, rather than replace individual pages. Signed by Judge Virginia M. Hernandez Covington on 9/25/2020. (LEA)
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| Filing 13 RESPONSE re 6 Order by GEICO General Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lawson, Jennifer) |
| Filing 12 Unopposed MOTION for Miscellaneous Relief, specifically to replace Exhibit 4 of GEICO's Notice of Removal, (Doc. #1 at 93-96), with a redacted version by GEICO General Insurance Company. (Attachments: #1 Exhibit 1)(Lawson, Jennifer) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by GEICO General Insurance Company identifying Corporate Parent GEICO Corporation, Other Affiliate Berkshire Hathaway, Inc. for GEICO General Insurance Company. (Lawson, Jennifer) |
| Filing 10 ANSWER and affirmative defenses to Complaint by GEICO General Insurance Company.(Lawson, Jennifer) |
| Filing 9 NOTICE of Appearance by Jennifer Pruden Lawson on behalf of GEICO General Insurance Company (Lawson, Jennifer) |
| Filing 8 NOTICE of Appearance by Jonathon D. Pressley on behalf of GEICO General Insurance Company (Pressley, Jonathon) |
| Filing 7 NOTICE of Appearance by Cassandra Rae Daum on behalf of GEICO General Insurance Company (Daum, Cassandra) |
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Filing 6
ENDORSED ORDER: On September 16, 2020, Defendant Geico removed this case from state court on the basis of diversity jurisdiction. (Doc. #1). Plaintiff Clayton's 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, Geico relied upon a demand letter for $4,092,392.82, a proposal for settlement for $100,000.00, and a policy limit of $100,000.00. (Doc. #1 at 5-6). These figures do not convince the Court that the amount in controversy actually exceeds $75,000.00. Settlement offers and demand letters do not automatically establish the amount in controversy. See 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 demand letters "reflect puffing and posturing" or "whether they provide 'specific information to support the plaintiff's claim for damages.'" Id.; see also Golden v. Dodge-Markham Co., 1 F. Supp. 2d 1360, 1364 (M.D. Fla. 1998)("Here, Defendant properly used Plaintiff's settlement demand as notice that this case could be removed to federal court. However, Defendant has not persuaded this Court that Plaintiff's settlement demand was an honest assessment of damages."). Policy limits are also insufficient to establish an amount in controversy "for the simple reason that the underlying plaintiff's claim may be for far less than the policy limit." Park Place Condo. Ass'n of Tampa, Inc. v. State Farm Fire & Cas. Co., No. 8:11-CV-884-T-26TGW, 2011 WL 2470105, at *2 (M.D.Fla. May 13, 2011). According to Clayton's complaint, her past medical expenses are $62,226.82. (Doc. #1 at 94). All other categories of damages, including pain and suffering and future medical expenses, are pure speculation because no specific information is provided to support their calculation. The record does not show by a preponderance of the evidence that the amount in controversy exceeds $75,000.00. Accordingly, Geico is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by September 24, 2020. Signed by Judge Virginia M. Hernandez Covington on 9/17/2020. (LEA)
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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 9/17/2020. (TWL)
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| Filing 4 NOTICE of Appearance by Dion K. Bass on behalf of GEICO General Insurance Company (Bass, Dion) |
| Filing 3 NOTICE of Appearance by Jill Bechtold on behalf of GEICO General Insurance Company (Bechtold, Jill) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:20-cv-2181-T-33AEP. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court, Thirteenth Judicial Circuit, in and for Hillsborough County, FL, case number 20-CA-006003 filed in State Court on 07/29/2020. Filing fee $ 400, receipt number 113A-17315904 filed by GEICO General Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Brust, Steven) |
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