Berrios et al v. BPS Direct et al
| Jenny Berrios, Jorge Maldonado, Jenny Garcia Berrios and Jorge Antonio Lopez Maldonado |
| BPS Direct, Texsport, Inc., Coleman Company, Inc., BPS Direct doing business as Bass Pro Shops and The Coleman Company, Inc. |
| 8:2022cv02259 |
| October 3, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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| Filing 10 Acknowledgment of receipt of Order of Remand by State Court on 10/19/2022. (KME) |
Filing 9
ENDORSED ORDER: On October 4, 2022, the Court entered an order explaining that Defendant Texsport had "not established that the amount in controversy exceeds $75,000 by a preponderance of the evidence" and giving Texsport additional time to "to provide additional information establishing, if possible, that the amount in controversy requirement has been met." (Doc. # 5). Now, Texsport has filed a notice stating that it "is currently not in possession of additional information to establish that the amount in controversy requirement has been met." (Doc. #8). Accordingly, for the reasons explained in the Court's October 4 order, Texsport has not satisfied the amount in controversy requirement and this Court lacks diversity jurisdiction. The Clerk is directed to remand this case to state court. Signed by Judge Virginia M. Hernandez Covington on 10/13/2022. (DMD)
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| Filing 8 RESPONSE re 6 Order no pdf, by Texsport, Inc. (Harken, Nicholas) Modified text on 10/12/2022 (MCB). |
| Filing 7 ANSWER and affirmative defenses to Complaint with Jury Demand by Texsport, Inc.(Harken, Nicholas) Modified text on 10/11/2022 (MCB). |
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Filing 6
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 18, 2022, 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 10/4/2022. (DMD)
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Filing 5
ENDORSED ORDER: Defendant Texsport, Inc. removed this case from state court on the basis of diversity jurisdiction. (Doc. # 1). 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). Texsport argues the amount in controversy exceeds $75,000 based on the complaint's allegations of the permanent injuries Plaintiff Berrios suffered and based on the state court civil cover sheet, on which Plaintiffs marked that the amount of claim exceeded $100,000. (Id.; Doc. # 1-2). However, without additional information about the medical bills or lost wages Plaintiffs suffered, the Court is unconvinced that the allegations of the complaint regarding the injuries establish that the amount in controversy exceeds $75,000. Furthermore, the Court will not consider the state court civil cover sheet in assessing the amount in controversy 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. # 1-2 at 1); 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, Texsport has not established that the amount in controversy exceeds $75,000 by a preponderance of the evidence. Accordingly, Texsport is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by October 11, 2022. Signed by Judge Virginia M. Hernandez Covington on 10/4/2022. (DMD)
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| Filing 4 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:22-cv-2259-VMC-JSS. (SJB) |
| Filing 3 NOTICE of Filing of Civil Cover Sheet by Texsport, Inc. (Harken, Nicholas) Modified text on 10/4/2022 (MCB). |
| Filing 2 CORPORATE Disclosure Statement by Texsport, Inc. identifying Corporate Parent Texsport, Inc. for Texsport, Inc. (Harken, Nicholas) Modified text on 10/4/2022 (MCB). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County, case number 22-CA-005892 filed in State Court on 7/13/22. Filing fee $402, receipt number AFLMDC-20052435 filed by Texsport, Inc. (Attachments: #1 State Court COMPLAINT, #2 State Court Civil Cover Sheet, #3 State Court Other Documents)(Harken, Nicholas) Modified text on 10/4/2022 (MCB). |
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