Molli v. Southern Owners Insurance Company
| Patricia Molli |
| Southern Owners Insurance Company |
| 8:2022cv00662 |
| March 22, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Insurance |
| 12 U.S.C. ยง 0635 Breach of Insurance Contract |
| Plaintiff |
Docket Report
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Filing 10
ENDORSED ORDER: Because the Court has determined that the notice of removal does not establish that the amount in controversy exceeds $75,000 (Doc. # 3) and Defendant "does not believe that it has sufficient documentation/evidence to support that this matter in controversy is in excess of $75,000" (Doc #9 at 1), the Court lacks jurisdiction over this case and, accordingly, grants the motion to remand. (Doc. #9). The Clerk is directed to remand this case to state court. Signed by Judge Virginia M. Hernandez Covington on 3/24/2022. (DMD)
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| Filing 9 MOTION to Remand to State Court by All Defendants. (Katz, Jeffrey) |
| 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). (MEJ) |
| 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 or elsewhere. (Signed by Deputy Clerk). (MEJ) |
| Filing 6 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). (MEJ) |
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Filing 5
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 3/23/2022. (MEJ)
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| Filing 4 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). (MEJ) |
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Filing 3
ENDORSED ORDER: Defendant has removed this action on the basis of diversity jurisdiction. (Doc. #1). The state court 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). To establish the amount in controversy, Defendant relies on the state court civil cover sheet's "amount of claim" section, in which Plaintiff checked that the estimated amount of the claim was between $75,001 and $100,000. (Doc. #1 at 4; Doc. # 1-1 at 3). However, the Court will not consider the estimated amount of the claim from the state court civil cover sheet because that cover sheet states that the "amount of the claim shall not be used for any other purpose" than the state court's "data collection and clerical processing purposes." (Doc. # 1-1 at 3); see also Bell v. Ace Ins. Co. of the Midwest, No. 2:20-cv-309-JLB-NPM, 2020 WL 7396934, at *3 (M.D. Fla. Dec. 17, 2020)("To give the state civil cover sheet a substantive effect for purposes of the removal statute, as Plaintiffs argue the Court should do, would contravene the Supreme Court of Florida's own rule prohibiting the use of information in the cover sheet for any purpose other than the State's collection of data."); Unwin v. Hartford Ins. Co. of the Midwest, No. 2:21-cv-135-SPC-NPM, 2021 WL 1821415, at *3 (M.D. Fla. Apr. 9, 2021)("As for the Civil Cover Sheet reflecting over $100,000 at issue, Hartford acknowledges the Civil Cover Sheet does not resolve the amount-in-controversy."). Thus, Defendant has not established that the amount in controversy exceeds $75,000 by a preponderance of the evidence. Accordingly, Defendant is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by March 30, 2022. Signed by Judge Virginia M. Hernandez Covington on 3/22/2022. (DMD)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:22-cv-0662-VMC-CPT. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Pinellas Co - Sixth Circuit, case number 22-000836-CI filed in State Court on 2/21/2022. Filing fee $ 402, receipt number AFLMDC-19369397 filed by Southern Owners Insurance Company. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Ntc of Removal to Adverse Parties, #3 Exhibit Ntc of Filing of Ntc of Removal, #4 Exhibit Division of Corporations)(Katz, Jeffrey) |
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| Plaintiff: Patricia Molli | |
| Represented By: | Megan Cummings |
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| Defendant: Southern Owners Insurance Company | |
| Represented By: | Jeffrey M. Katz |
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