Davis v. CVS Pharmacy, Inc.
| Dixie Davis |
| CVS Pharmacy, Inc. |
| 8:2021cv02720 |
| November 19, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| P.I.: Other |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 7
ENDORSED ORDER: On November 19, 2021, Defendant CVS Pharmacy, Inc. filed a motion to dismiss. (Doc. # 4 ). Pursuant to Middle District of Florida Local Rule 3.01(c), Plaintiff was permitted to respond to the motion by December 10, 2021. The time to respond has passed and no response has been filed. Accordingly, the Court treats the motion as unopposed. The motion is granted and the case is dismissed. The Clerk is directed to close the case, Signed by Judge Virginia M. Hernandez Covington on 12/13/2021. (CTL)
|
| Filing 6 RESPONSE re 5 Order regarding the amount in controversy by CVS Pharmacy, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mackinnon, R.) |
|
Filing 5
ENDORSED ORDER: On November 19, 2021, Defendant removed the case to this Court on the basis of diversity jurisdiction. (Doc. #1). The complaint does not specify an amount of damages. 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). The Court is unpersuaded that the Plaintiff's notation of "$75,001-$100,000" as the "amount of claim" in the state-court cover sheet is sufficient to meet this burden. See Progressive Mountain Ins. Co. v. Middlebrooks, 805 F. App'x 731, 737 (11th Cir. 2020) ("As we have said, conclusory allegations that the amount in controversy is satisfied does not suffice and courts should demand evidence supporting jurisdiction."). Accordingly, Defendant is directed to provide the Court more information regarding whether the amount in controversy has been satisfied by December 3, 2021. Signed by Judge Virginia M. Hernandez Covington on 11/19/2021. (SGM)
|
| Filing 4 MOTION to Dismiss Plaintiff's Complaint by CVS Pharmacy, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mackinnon, R.) |
| Filing 3 NOTICE to counsel Dylan H. Griffin of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (LMW) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-2720-VMC-JSS. (LMW) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Tenth Judicial Circuit, case number 2021-CA-002920 filed in State Court on 10/14/2021. Filing fee $ 402, receipt number AFLMDC-18948525 filed by CVS Pharmacy, Inc.. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit A)(Mackinnon, R.) |
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
| Search for this case: Davis v. CVS Pharmacy, Inc. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Dixie Davis | |
| Represented By: | Dylan H. Griffin |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: CVS Pharmacy, Inc. | |
| Represented By: | R. Gavin Mackinnon |
| Represented By: | Gregory Ethan Jordan |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
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.
