Mahendru v. Target Corporation
| Arvind Mahendru |
| Target Corporation |
| 8:2023cv02523 |
| November 3, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 21
ENDORSED ORDER: Based on Defendant Target Corporation's response to the Court's order to provide additional information about the amount in controversy (Doc. #20), this case is remanded. The Clerk is directed to remand the case to the Tenth Judicial Circuit in and for Polk County, Florida, terminate any previously scheduled deadlines, and thereafter close the case. Signed by Judge Virginia M. Hernandez Covington on 12/5/2023. (JAK)
|
| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE re 9 Order directing compliance filed by Target Corporation. (Merrill, Michael) |
|
Filing 19
ENDORSED ORDER: Plaintiff's Motion for Remand (Doc. #17) is denied without prejudice for failure to comply with Local Rule 3.01(g). The Court takes this opportunity to remind Plaintiff of his obligation to confer in good faith with opposing counsel. If Plaintiff would like the opportunity to file a motion for remand, he is directed to file a motion that complies with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 11/16/2023. (JAK)
|
| Filing 18 NOTICE TO COUNSEL Justin D. Bailey 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). (ELM) |
| Filing 17 MOTION to Remand to State Court by Arvind Mahendru. (Attachments: #1 Exhibit Answers to Interrogatories, #2 Exhibit Medical Records, #3 Exhibit Medical Records, #4 Exhibit Notice of Proposal for Settlement, #5 Exhibit Proposal for Settlement)(Royer, Christopher) |
| Filing 16 NOTICE of Lead Counsel Designation by Christopher W. Royer on behalf of Arvind Mahendru. Lead Counsel: Christopher W. Royer. (Royer, Christopher) |
| Filing 15 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 14 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 13 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) |
|
Filing 12
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 11/13/2023. (MEJ)
|
| Filing 11 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 10
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by November 27, 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 11/9/2023. (JAK)
|
|
Filing 9
ENDORSED ORDER: On November 3, 2023, Defendant Target Corporation 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, 1209 (11th Cir. 2007). Target argues that the amount in controversy exceeds $75,000 because Plaintiff admitted to as much in a response to a request for admission. (Doc. # 1 at 5); (Doc. # 1-6 at 2). Additionally, Target highlights that Plaintiff is claiming that she has "suffered severe and permanent personal injuries and damages as follows, but not limited to bodily injury; pain and suffering; disability; physical impairment; disfigurement; mental anguish; inconvenience; loss of capacity for the enjoyment of life in the past; loss of capacity for the enjoyment of life in the future; medical, nursing and rehabilitation expenses in the past; medical, nursing and rehabilitation expenses in the future; lost wages in the past; and loss of capacity to earn money in the future." (Doc. # 1 at 5); (Doc. # 1-4 at 4-5). Further, Target highlights that Plaintiff's deposition testimony "make[s] clear [that Plaintiff] is seeking damages for future medical care spanning the remainder of her life." (Doc. # 1 at 5). However, Target provides no factual support for the value of the damages, such as medical bills or lost wages. See Mitchell v. Family Dollar Stores of Fla., LLC, No. 8:18-cv-1640-VMC-AAS, 2018 WL 3548694, at *2 (M.D. Fla. July 24, 2018) ("A plaintiff's mere concession that the amount in controversy exceeds $75,000 is insufficient because [j]urisdictional objections cannot be forfeited or waived." (alteration in original) (internal quotations omitted)). The information provided does not establish by a preponderance of the evidence that the amount in controversy exceeds $75,000. In particular, "damages based on future loss of income, future medical expenses, or pain and suffering are too speculative to include in the Court's [amount in controversy] calculation." Ulrich v. Progressive Express Ins. Co., No. 8:22-CV-2541-VMC-AAS, 2022 WL 17336183, at *2 (M.D. Fla. Nov. 30, 2022); see Pennington v. Covidien LP, No. 8:19-cv-273-VMC-AAS, 2019 WL 479473, at *2 (M.D. Fla. Feb. 7, 2019) (excluding lost wages and pain and suffering damages from the amount in controversy calculation because the Court "would [] be required to engage in rank speculation to ascribe any monetary value to these damages"). Accordingly, Defendant is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by November 22, 2023. Signed by Judge Virginia M. Hernandez Covington on 11/9/2023. (JAK)
|
| Filing 7 NOTICE by Target Corporation re 4 Notice to Counsel of Local Rule (Attachments: #1 State Court Docket Sheet )(Merrill, Michael) Modified on 11/7/2023 (LD). |
| Filing 6 NOTICE of Lead Counsel Designation by Michael J. Merrill on behalf of Target Corporation. Lead Counsel: Michael J. Merrill. (Merrill, Michael) |
|
Filing 8
STANDING ORDER regarding Discovery Motions. Signed by Magistrate Judge Thomas G. Wilson on 11/6/2023. (KMN)
|
| Filing 5 NOTICE TO COUNSEL of Record of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) |
| Filing 4 NOTICE TO COUNSEL Michael J. Merrill of Local Rule 1.06(b), which requires a copy of the state court docket sheet. (Signed by Deputy Clerk). (AJS) |
| Filing 3 NOTICE TO COUNSEL Christopher W. Royer, Justin D. Bailey 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). (AA) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:23-cv-2523-VMC-TGW. (AA) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Tenth Judicial Circuit, Polk County, FL, case number 2022-CA-3941 filed in State Court on 11/22/2022. Filing fee $402, receipt number AFLMDC-21428717 filed by Target Corporation. (Attachments: #1 Exhibit Corporate Status, #2 State Court Other Documents Notice to State Court Clerk, #3 State Court Other Documents Summons, #4 State Court COMPLAINT, #5 State Court ANSWER, #6 Exhibit Response to Request for Admissions, #7 Civil Cover Sheet)(Merrill, Michael) Modified on 11/6/2023 to edit docket text (AJS). |
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.
