Sunz Insurance Solutions, LLC v. Vasquez
| Sunz Insurance Solutions, LLC |
| Jose Vasquez |
| Gregory P. Holder |
| 8:2021cv00980 |
| April 23, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on May 24, 2021. A more recent docket listing may be available from PACER.
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Filing 18
ENDORSED ORDER: This case is remanded to state court for lack of subject matter jurisdiction. Pursuant to the Court's order entered on April 27, 2021, (Doc. # 3), Plaintiff Sunz Insurance Solutions, LLC has filed a verified notice establishing its citizenship. (Doc. #17). The notice indicates that diversity jurisdiction does not exist in this case because the ownership chain of Sunz includes two stateless entities, the California Public Employees' Retirement System ("CalPERS") and the California State Teachers' Retirement System ("CalSTRS"). (Id. at 2). Defendant Jose Vasquez has not filed anything to the contrary establishing that complete diversity of citizenship exists. "The burden of proving that complete diversity exists rests upon the party who seeks to invoke the court's diversity jurisdiction." Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988). Since Defendant Vasquez has failed to show that diversity jurisdiction exists, remand is appropriate. After remand, the Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 5/24/2021. (LEA)
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| Filing 17 NOTICE by Sunz Insurance Solutions, LLC re 3 Order Plaintiff's Verified Notice of Establishing Citizenship of Sunz Insurance Solutions, LLC (Margolin, Jason) |
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Filing 16
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 5/14/2021. (TWL)
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Filing 15
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #14), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 5/14/2021. (TWL)
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Filing 14
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 6/16/2022 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington Jury Trial set for July 2022 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 1/18/2022. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 5/14/2021. (TWL)
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| Filing 13 CASE MANAGEMENT REPORT. (LePierre, Dallas) |
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Filing 12
ENDORSED ORDER granting the plaintiff's unopposed motion for extension of time to file notice of citizenship. (Doc. #11). The notice is due May 21, 2021. Signed by Judge Virginia M. Hernandez Covington on 5/7/2021. (LEA)
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| Filing 11 Unopposed MOTION for Extension of Time to File Notice of Establishing Citizenship of Sunz Insurance Solutions, LLC by Sunz Insurance Solutions, LLC. (Margolin, Jason) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Sunz Insurance Solutions, LLC. (Margolin, Jason) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Jose Vasquez. (LePierre, Dallas) |
| Filing 8 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (TWL) |
| Filing 7 NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. (Signed by Deputy Clerk). (TWL) |
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Filing 6
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 4/27/2021. (TWL)
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| Filing 5 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (TWL) |
| Filing 4 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (TWL) |
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Filing 3
ENDORSED ORDER: Defendant Jose Vazquez removed this case from state court on April 23, 2021, invoking federal diversity jurisdiction under U.S.C. 1332(a). (Doc. #1). However, the notice of removal is insufficient to demonstrate that this Court may properly exercise diversity jurisdiction over this matter. Vazquez alleges that he is domiciled in, and therefore a citizen of, California. (Id. at 7). He continues that complete diversity exists because "Plaintiff Sunz Insurance Solutions, LLC, is a citizen of Florida, as it is incorporated under the laws of Florida and has its principal place of business in Florida." (Id. at 6). But "a limited liability company is a citizen of any state of which a member of the company is a citizen." Rolling Greens MHP, L.P. v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th Cir. 2004). Therefore, "[t]o sufficiently allege the citizenships of" a limited liability company, "a party must list the citizenships of all the members of the limited liability company." Id. Accordingly, by May 11, 2021, the parties are directed to file a notice establishing the citizenships of all members of Sunz Insurance Solutions, LLC. Should one of Sunz Insurance Solutions members be another LLC, "the citizenship of [that LLC] must be traced through however many layers of partners or members there may be" to determine the citizenship of Sunz Insurance Solutions. Hart v. Terminex Int'l, 336 F.3d 541, 543 (7th Cir. 2003). By that same day, counsel are directed to meet and confer, in person or by telephone, and file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more 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. After the Case Management Report is filed, the Court will 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 4/27/2021. (LEA) (LEA).
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-980-VMC-AEP. (LRB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the 12th Judicial Circuit, Manatee County, case number 2021-CA-1014 filed in State Court on 3/12/2021. Filing fee $ 402, receipt number BFLMDC-18174968 filed by Jose Vasquez. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(LePierre, Dallas) |
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