Salama v. Hammonds
Albir Shehata Yacoub Salama |
Pamela Haamonds |
8:2020cv02404 |
October 14, 2020 |
US District Court for the Middle District of Florida |
Virginia M Hernandez Covington |
Amanda Arnold Sansone |
Motor Vehicle |
28 U.S.C. ยง 1332 |
Both |
Docket Report
This docket was last retrieved on November 19, 2020. A more recent docket listing may be available from PACER.
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Filing 9 Acknowledgment of Receipt by State Court on 11/13/2020.(CRH) |
Filing 8 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 10/28/2020. (AR) |
Filing 7 MEMORANDUM in support re 4 Order filed by Pamela Haamonds. (Kane, Thomas) |
Filing 6 NOTICE of pendency of related cases per Local Rule 1.04(d) by Pamela Haamonds. Related case(s): Yes (Kane, Thomas) |
Filing 5 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by November 2, 2020, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 10/18/2020. (AR) |
Filing 4 ENDORSED ORDER: On October 14, 2020, Defendant Pamela Hammonds 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). Hammonds argues that damages exceed $75,000 due to an insurance policy of $500,000 per accident and Plaintiff Albir Shehata Yacoub Salama's pre-suit demand letter asking for the policy limit. But, Hammonds provides no concrete factual support that Salama's damages resulting from the automobile accident exceed $75,000, as the only concrete sum is $38,798.61 in past medical expenses. (Doc. # 1-4). Therefore, the Court is unable to determine whether the amount in controversy has been met by Salama's damages claim without engaging in heavy speculation. Accordingly, Hammonds is directed to provide the Court with more information by October 26, 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 10/18/2020. (AR) |
Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 10/16/2020. (TWL) |
Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Amanda Arnold Sansone. New case number: 8:20-cv-2404-T-33AAS. (SJB) |
Filing 1 COMPLAINT and NOTICE OF REMOVAL from Pasco County Civil, case number 2020-CA-001807 filed in State Court on 06/25/20. Filing fee $ 400, receipt number 113A-17424508 filed by Pamela Hammonds. (Attachments: #1 State Court Other Documents, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet)(Kane, Thomas) |
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