Shoats v. Folts et al
| Jasmina Shoats |
| Bert Laverne Folts and Paschall Truck Lines, Inc. |
| 8:2025cv00304 |
| February 6, 2025 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Auto Negligence |
| Both |
Docket Report
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This docket was last retrieved on February 21, 2025. A more recent docket listing may be available from PACER.
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Filing 7
ORDER: (1)The Clerk is directed to REMAND this case to the Thirteenth Judicial Circuit, in and for Hillsborough County, Florida. (2)The Clerk is further directed to terminate any previously scheduled deadlines and, thereafter, CLOSE this case. Signed by Judge Virginia M. Hernandez Covington on 2/21/2025. (RAS)
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| Filing 6 RESPONSE re 3 Order filed by Bert Laverne Folts, Paschall Truck Lines, Inc. (Attachments: #1 Composite Exhibit A, #2 Composite Exhibit B, #3 Composite Exhibit C)(Reese, Libbie) Modified text on 2/18/2025 (GL). |
| Filing 5 NOTICE of Lead Counsel Designation by Libbie Reese on behalf of Bert Laverne Folts, Paschall Truck Lines, Inc. Lead Counsel: Libbie Reese. (Reese, Libbie) Modified text on 2/11/2025 (MCB). |
| Filing 4 NOTICE TO ALL COUNSEL 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). (ELA) |
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Filing 3
ENDORSED ORDER: On February 6, 2025, Defendants Bert Laverne Folts and Paschall Truck Lines, 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). Defendants rely upon a combination of past medical expenses and future medical expenses to meet the amount-in-controversy requirement. (Doc. #1). Defendants note that Ms. Shoats has sustained $49,561.94 in past medical bills. (Doc. # [1-26] at 14). Defendants then claim that Plaintiff's medical records show that she received estimates for multiple procedures which would cost at least $38,790.93, $38,541.86, and $51,396.60. (Doc. #1 at 7-8). However, such a claim that a future medical expense may occur is insufficient to establish the amount-in-controversy requirement. Thus, at this time, the Court is not convinced that the amount in controversy requirement has been met by a preponderance of the evidence. Accordingly, Defendants are directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by February 14, 2025. Signed by Judge Virginia M. Hernandez Covington on 2/6/2025. (RAS)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:25-cv-304-VMC-SPF. (RPB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Circuit Civil, case number 24-CA-007703 filed in State Court on 09/20/2024. Filing fee $405, receipt number AFLMDC-22994704 filed by Paschall Truck Lines, Inc., Bert Laverne Folts. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court ANSWER, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 Composite Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H, #14 Exhibit I, #15 Exhibit J, #16 Exhibit K, #17 Exhibit L, #18 Exhibit M, #19 Exhibit N, #20 Exhibit O, #21 Exhibit P, #22 Exhibit Q, #23 Exhibit R, #24 Exhibit S, #25 Exhibit T, #26 Exhibit U, #27 Exhibit V, #28 Exhibit W, #29 Civil Cover Sheet)(Reese, Libbie) Modified on 2/7/2025 to edit text (ELA). |
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