Barberii v. Holiday CVS, LLC et al
| Alejandra G. Barberii |
| Holiday CVS, LLC, Navarro Discount Pharmacies, LLC and Allen Lezcano |
| 8:2023cv02772 |
| December 5, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
ENDORSED ORDER: On December 6, 2023, Defendant Holiday CVS, LLC, 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). Upon review of the notice of removal, the Court determined that "CVS [had] not established that the amount in controversy requirement [had] been met by a preponderance of the evidence." (Doc. # 6). The Court explained: "Here, CVS relies solely on the allegations of the complaint--even though the complaint does not state the amount of damages sought--to establish that the amount in controversy exceeds $75,000. The Court is not persuaded by the boilerplate allegations of the complaint that the damages in this slip and fall action exceed $75,000." (Id.). But the Court gave CVS the opportunity "to provide additional information establishing, if possible, that the amount in controversy requirement has been met." (Id.). Now, CVS has filed its supplemental response. (Doc. #13). But the response provides no substantive information about the amount of damages at issue. Rather, at most, CVS points out that Plaintiff's counsel, in a letter requesting information about Defendants' property liability insurance, stated that Plaintiff "was severely injured" and "requires ongoing medical treatment." (Id. at 4). This vague statement, unaccompanied by any concrete evidence regarding Plaintiff's medical bills or lost wages incurred as a result of her slip and fall, does not establish that the amount in controversy exceeds $75,000 by a preponderance of the evidence. In short, CVS has failed to carry its burden to establish the jurisdictional amount by a preponderance of the evidence. Accordingly, this Court lacks subject-matter jurisdiction over this case. The Clerk is directed to remand this case to state court and, thereafter, close this case. Signed by Judge Virginia M. Hernandez Covington on 12/13/2023. (DMD)
|
| Filing 14 NOTICE of a related action per Local Rule 1.07(c) by Holiday CVS, LLC, Allen Lezcano. Related case(s): No (Mackinnon, R.) |
| Filing 13 RESPONSE re 6 Order directing compliance filed by Holiday CVS, LLC, Allen Lezcano. (Mackinnon, R.) |
| Filing 12 SUPPLEMENT re #4 MOTION to Dismiss Plaintiff's Complaint , #11 MOTION to Dismiss Plaintiff's Complaint Supplement to Local Rule 3.01(G) Certification by Holiday CVS, LLC, Allen Lezcano. (Mackinnon, R.) |
| Filing 11 MOTION to Dismiss Plaintiff's Complaint by Allen Lezcano. (Mackinnon, R.) |
| Filing 10 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 9 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 8
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 12/11/2023. (MEJ)
|
| Filing 7 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 6
ENDORSED ORDER: On December 6, 2023, Defendant Holiday CVS, LLC, 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). Here, CVS relies solely on the allegations of the complaint--even though the complaint does not state the amount of damages sought--to establish that the amount in controversy exceeds $75,000. The Court is not persuaded by the boilerplate allegations of the complaint that the damages in this slip and fall action exceed $75,000. Thus, CVS has not established that the amount in controversy requirement has been met by a preponderance of the evidence. Accordingly, CVS is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by December 13, 2023. The Court will not extend this deadline. Signed by Judge Virginia M. Hernandez Covington on 12/6/2023. (DMD)
|
| Filing 5 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Unassigned Magistrate. New case number: 8:23-cv-02772-VMC-UAM. (JG) |
| Filing 4 MOTION to Dismiss Plaintiff's Complaint by Holiday CVS, LLC (Mackinnon, R.) Modified text on 12/6/2023 (MCB). |
| Filing 3 NOTICE of Lead Counsel Designation by R. Gavin Mackinnon on behalf of Holiday CVS, LLC. Lead Counsel: R. Gavin Mackinnon. (Mackinnon, R.) Modified text on 12/6/2023 (MCB). |
| Filing 2 CORPORATE Disclosure Statement by Holiday CVS, LLC identifying Corporate Parent Holiday CVS, LLC for Holiday CVS, LLC. (Mackinnon, R.) Modified text on 12/6/2023 (MCB). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Thirteenth Judicial Circuit in and for Hillsborough County, Florida, case number 2023-CA-007058 filed in State Court on 3/21/2023. Filing fee $405, receipt number AFLMDC-21533035 filed by Holiday CVS, LLC. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Mackinnon, R.) Modified text on 12/6/2023 (MCB). |
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.
