Moore v. CVS Pharmacy, Inc. et al
| Wayne Moore |
| CVS Pharmacy, Inc. and Holiday CVS L.L.C. |
| 8:2020cv02203 |
| September 18, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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| Document Text |
|---|
| Filing 8 Acknowledgment of Receipt by State Court by Wayne Moore. (Attachments: #1 Mailing Envelope)(CRH) |
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 9/28/2020. (AR)
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| Filing 6 Defendants' ANSWER and affirmative defenses to Complaint with Jury Demand by CVS Pharmacy, Inc., Holiday CVS L.L.C.(Koford, Nichole) |
| Filing 5 NOTICE by CVS Pharmacy, Inc., Holiday CVS L.L.C. of Supplement to Notice of Removal. (Koford, Nichole) |
|
Filing 4
ENDORSED ORDER: On September 18, 2020, Defendant CVS Pharmacy, Inc., removed the case to this Court on the basis of diversity jurisdiction. (Doc. #2). 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). CVS Pharmacy argues that damages exceed $75,000 because a demand letter made by Plaintiff Wayne Moore demands payment of $875,000. But, CVS Pharmacy provides no factual support for any damages requested in excess of the $54,653.48 in past medical expenses. Therefore, the Court is unable to determine whether the amount in controversy has been met by Moore's damages claim without engaging in heavy speculation. Accordingly, CVS Pharmacy is directed to provide the Court with more information by September 25, 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 9/18/2020. (AR)
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| Filing 3 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:20-cv-2203-T-35SPF. (SJB) |
| Filing 2 NOTICE by CVS Pharmacy, Inc. Notice of Removal (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Koford, Nichole) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of Twelfth Judicial Circuit, case number 2020CA003603 filed in State Court on 8/21/2020. Filing fee $ 400, receipt number 113A-17323286 filed by All Defendants.(Koford, Nichole) (CRH). (Additional attachment(s) added on 9/21/2020: #1 Civil Cover Sheet) (CRH). |
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