Sanchez v. USAA General Indemnity Company
| Mia N. Sanchez |
| USAA General Indemnity Company |
| 8:2020cv02707 |
| November 17, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 4, 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 11/24/2020. (AR)
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re 4 Order filed by USAA General Indemnity Company. (Attachments: #1 Exhibit, #2 Exhibit)(Kidd, Amanda) |
| Filing 5 MOTION to Dismiss Count II and MOTION to Strike by USAA General Indemnity Company. (CRH) (Filed in State Court on 11/11/2020) |
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Filing 4
ENDORSED ORDER: On November 17, 2020, Defendant USAA General Indemnity Company removed the case from state 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). USAA General argues that damages exceed $75,000 because the insurance policy at issue has a limit of $100,000. (Doc. #1 at 2-4). However, USAA General provides no concrete factual support that Plaintiff Mia N. Sanchez's damages exceed $75,000. Therefore, the Court is unable to determine whether the amount in controversy has been met by Sanchez's damages claim without engaging in heavy speculation. Accordingly, USAA General is directed to provide the Court with more information by November 24, 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 11/17/2020. (AR)
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Filing 3
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by December 8, 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. 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 11/17/2020. (AR)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:20-cv-2707-T-33SPF. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Thirteenth Judicial Circuit, in and for Hillsborough County, case number 2020-CA-007975 filed in State Court on October 12, 2020. Filing Fee $400, receipt number 113A-17559984 filed by USAA General Indemnity Company. (Attachments: #1 State Court Complaint, #2 Declaration Exhibit, #3 Civil Remedy Notice Exhibit, #4 Notice of Removal Exhibit, #5 State Docs Exhibit, #6 Exhibit State Court Docket, #7 State Court COMPLAINT, #8 State Court Pending Motions, #9 State Court Docket Sheet, #10 State Court Other Documents, #11 Civil Cover Sheet)(Kidd, Amanda) Modified on 11/18/2020 to edit text (CRH). |
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| Plaintiff: Mia N. Sanchez | |
| Represented By: | Christopher N. Ligori |
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| Defendant: USAA General Indemnity Company | |
| Represented By: | Kristen M. Van der Linde |
| Represented By: | Amanda L. Kidd |
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