Bien-Amie v. Brookdale Senior Living Inc. et al
| Gina Bien-Amie |
| Brookdale Senior Living Inc., Isidor Smirnov and Amber Grego |
| 8:2021cv02446 |
| October 18, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 8, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 12 TRANSMITTAL of Record to State Court Received. (LNR) |
Filing 11
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 10/29/2021. (DMD)
|
| Filing 10 NOTICE by Brookdale Senior Living Inc. re 8 Order no pdf. (Attachments: #1 Exhibit 1 - Settlement Correspondence)(Molloy, Catherine) |
| Filing 9 MOTION to Dismiss Complaint and Compel Arbitration by Brookdale Senior Living Inc. (Attachments: #1 Exhibit 1 - Executed Agreement, #2 Exhibit 2 - Application for Employment, #3 Exhibit 3 - Handbook Receipt, #4 Exhibit 4 - Handbook Addendum Receipt, #5 Exhibit 5 - Handwritten Note, #6 Exhibit 6 - 2018 Performance Review, #7 Exhibit 7 - FLCNA Application)(Molloy, Catherine) |
|
Filing 8
ENDORSED ORDER: On October 18, 2021, Defendant Brookdale Senior Living Inc. 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). Even assuming--without deciding--that complete diversity exists because of fraudulent joinder, the Court is not convinced that the amount in controversy requirement has been met. To establish that the amount in controversy exceeds $75,000, Brookdale relies on Plaintiff's back pay up to the time of trial, punitive damages, and attorney's fees up to the time of removal. However, while the Court may include Plaintiff's attorney's fees up to the date of removal, Brookdale is merely speculating that the fees incurred are approximately $5,000. The Court does not credit this speculation and so will not consider this amount in its amount in controversy calculation. Additionally, "the Court believes that back pay should be calculated only to the date of removal. The reason for this is simple: the amount in controversy needs to be determined at the time the case is removed." Bragg v. Suntrust Bank, No. 8:16-cv-139-VMC-TBM, 2016 WL 836692, at *2 (M.D. Fla. Mar. 4, 2016). Thus, only Plaintiff's back pay up to removal--$ 40,947.90--is included in the Court's amount in controversy calculation, which falls far short of $75,000. Finally, while the Court may consider punitive damages in determining the amount in controversy, the fact that Plaintiff has requested punitive damages and a maximum of $100,000 in punitive damages is available under the statute does not establish that $100,000 in punitive damages should be added to the calculation here. If it did, "every Florida Civil Rights Act case filed in state court containing a request for punitive damages would automatically meet the jurisdictional minimum for removal to federal court. That result would be untenable." Boyd v. N. Tr. Co., No. 8:15-cv-2928-VMC-TBM, 2016 WL 640529, at *4 (M.D. Fla. Feb. 18, 2016). And it would be rank speculation for the Court to add an amount of punitive damages to the amount in controversy calculation as no evidence of the actual punitive damages at issue in this case has been provided. In short, Brookdale has only proven by a preponderance of the evidence that the amount is controversy in this case is approximately $40,947.90. Accordingly, Brookdale is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by October 27, 2021. Signed by Judge Virginia M. Hernandez Covington on 10/20/2021. (DMD)
|
| Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Brookdale Senior Living Inc. Related case(s): Yes (Molloy, Catherine) |
| Filing 6 ***TERMINATED; counsel called; filed incorrect document and will refile correct document.***NOTICE of a related action per Local Rule 1.07(c) by Brookdale Senior Living Inc. Related case(s): Yes (Molloy, Catherine) Modified text on 10/20/2021 (LNR). |
| Filing 5 NOTICE of Lead Counsel Designation by Catherine H. Molloy on behalf of Brookdale Senior Living Inc. Lead Counsel: Catherine H. Molloy. (Molloy, Catherine) |
| Filing 4 CERTIFICATE of interested persons and corporate disclosure statement by Brookdale Senior Living Inc. (Molloy, Catherine) |
| Filing 3 NOTICE to Counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (LNR) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-2446-VMC-AEP. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Twelfth Judicial Circuit, Sarasota County, case number 2021-CA-002722 filed in State Court on 06/07/2021. Filing fee $ 402, receipt number AFLMDC-18829390 filed by Brookdale Senior Living Inc., Amber Grego, Isidor Smirnov. (Attachments: #1 State Court COMPLAINT Exhibit A, #2 Proposed Summons Exhibit B, #3 State Court Other Documents Composite Exhibit C, #4 Exhibit D - Declaration of Hanna Bacon, #5 Exhibit E - Dismissal and Notice of Rights, #6 Exhibit F - Lien Notice, #7 Exhibit G - Charging Lien, #8 State Court Docket Sheet, #9 Civil Cover Sheet)(Molloy, Catherine) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
