Busciglio v. Nationwide Mutual Insurance Company
| Hope Busciglio |
| Nationwide Mutual Insurance Company |
| 8:2023cv02199 |
| September 28, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Insurance |
| 28 U.S.C. ยง 1446 Notice of Removal |
| Defendant |
Docket Report
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| Document Text |
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| Filing 16 CASE MANAGEMENT REPORT. (Passerieu, Thais) |
| Filing 15 RESPONSE re 13 Order directing compliance as to Notice of Removal filed by Nationwide Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Passerieu, Thais) |
Filing 14
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 31, 2023, 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 10/12/2023. (JAK)
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Filing 13
ENDORSED ORDER: On September 28, 2023, Nationwide Mutual Insurance Company 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). Nationwide argues the amount in controversy is met because, during the course of the litigation in state court, Busciglio made a settlement demand for "$89,000.00, inclusive of attorney's fees." (Doc. # 1 at 6). But demand letters do not automatically establish the amount in controversy. Lamb v. State Farm Fire Mut. Auto. Ins. Co., No. 3:10-cv-615-J-32JRK, 2010 WL 6790539, at *2 (M.D. Fla. Nov. 5, 2010) (stating that demand letters and settlement offers "do not automatically establish the amount in controversy for purposes of diversity jurisdiction"). Rather, courts evaluate whether demand letters "reflect puffing and posturing" or "whether they provide 'specific information to support the plaintiff's claim for damages.'" Id. at *2 (quoting Jackson v. Select Portfolio Servicing, Inc., 651 F. Supp. 2d 1279, 1281 (S.D. Ala. 2009)). Here, the settlement demand is not accompanied by any information justifying the amount. Therefore, the demand for $89,000 alone does not establish that the amount in controversy exceeds $75,000. Additionally, Nationwide notes that the settlement demand includes "alleged incurred attorney's fees." (Doc. # 1 at 7). But Nationwide provides no information about the amount of attorney's fees incurred before removal, and only such fees are considered for the amount in controversy analysis. See Bragg v. Suntrust Bank, No. 8:16-CV-139-T-33TBM, 2016 WL 836692, at *3 (M.D. Fla. Mar. 4, 2016) ("[O]nly the attorney's fees accrued to the day of removal can contribute to the amount in controversy." (citation omitted)). In short, the record does not show by a preponderance of the evidence that the amount in controversy exceeds $75,000. Accordingly, Nationwide is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by October 26, 2023. Signed by Judge Virginia M. Hernandez Covington on 10/12/2023. (JAK)
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| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Nationwide Mutual Insurance Company. Related case(s): No (Passerieu, Thais) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re 5 Order by Nationwide Mutual Insurance Company identifying Corporate Parent Nationwide Mutual Insurance Company for Nationwide Mutual Insurance Company. (Passerieu, Thais) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Hope Busciglio identifying Corporate Parent Monarch Claims Consultants, Inc., Corporate Parent AllStar Servicing West Inc. for Hope Busciglio. (Gonzalez, Alexander) |
| Filing 9 NOTICE of Appearance by Alexander Gonzalez on behalf of Hope Busciglio (Gonzalez, Alexander) |
| Filing 8 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (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 10/2/2023. (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) |
| Filing 3 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:23-cv-02199-VMC-JSS. (AM) |
| Filing 2 NOTICE of Lead Counsel Designation by Thomas A. Keller on behalf of Nationwide Mutual Insurance Company. Lead Counsel: Thomas A. Keller. (Keller, Thomas) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Sixth Judicial Circuit, case number 2022 CA 002445 filed in State Court on 9/20/22. Filing fee $402, receipt number AFLMDC-21301802 filed by Nationwide Mutual Insurance Company. (Attachments: #1 State Court Docket Sheet Docket Sheet, #2 Civil Cover Sheet Civil Coversheet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(Passerieu, Thais) |
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| Plaintiff: Hope Busciglio | |
| Represented By: | Alexander Gonzalez |
| Represented By: | Thomas J. Morgan, Jr. |
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| Defendant: Nationwide Mutual Insurance Company | |
| Represented By: | Thomas A. Keller |
| Represented By: | Thais Passerieu |
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