Lima v. Litfin et al
| Melissa Lima |
| Karl Litfin and Hensel Phelps Construction Company |
| 8:2021cv01722 |
| July 15, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Motor Vehicle |
| 28 U.S.C. ยง 1446 |
| Both |
Docket Report
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This docket was last retrieved on August 16, 2021. A more recent docket listing may be available from PACER.
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| Filing 9 Acknowledgment of receipt of Order of Remand by state court on 8/10/2021. (Attachments: #1 Mailing Envelope) (ABC) |
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 7/28/2021. (AR)
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| Filing 7 NOTICE of Filing Exhibit B by Hensel Phelps Construction Company, Karl Litfin re #6 Response (Attachments: #1 Exhibit)(Soto, Nicole) |
| Filing 6 RESPONSE re 3 Order filed by Hensel Phelps Construction Company, Karl Litfin. (Attachments: #1 Exhibit A, #2 Exhibit B)(Soto, Nicole) |
| Filing 5 ANSWER and affirmative defenses to Complaint with Jury Demand by Hensel Phelps Construction Company, Karl Litfin.(Soto, Nicole) |
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Filing 4
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS)
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Filing 3
ENDORSED ORDER: On July 15, 2021, Defendants Karl Litfin and Hensel Phelps Construction Company removed the case to this Court on the basis of diversity jurisdiction. (Doc. #1 at 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). Defendants argue that damages exceed $75,000 because Plaintiff Melissa Lima sent Defendants a demand letter seeking five million dollars. (Doc. #1 at 6). But, Defendants provide no factual support for any damages requested in excess of the $51,800.49 in past medical bills. (Id. at 7). Therefore, the Court is unable to determine whether the amount in controversy has been met by Lima's damages claim without engaging in heavy speculation. Accordingly, Defendants are directed to provide the Court with more information by July 23, 2021, 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 7/16/2021. (AR)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:21-cv-1722-VMC-TGW. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of The Thirteenth Judicial Circuit, case number 21-CA-5122 filed in State Court on 06/22/2021. Filing fee $ 402, receipt number AFLMDC-18481436 filed by Hensel Phelps Construction Company, Karl Litfin. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 State Court Docket Sheet, #8 Supplement/civil cover sheet)(Soto, Nicole) |
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