Kinter v. Target Corporation et al
| Cynthia Kinter |
| Target Corporation |
| 8:2026cv01500 |
| May 18, 2026 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 26, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (RPB) |
Filing 13
ENDORSED ORDER: On May 18, 2026, Defendant Target Corporation removed this case from state court on the basis of diversity jurisdiction. (Doc. #1). On May 20, 2026, the Court directed Defendant Target Corporation to provide additional information because "[t]he record does not show by a preponderance of the evidence that the amount in controversy exceeds $75,000." (Doc. # 7). On May 22, 2026, Plaintiff and Defendant Target filed a "Joint Stipulation for Remand" (Doc. #11), stating that they have conferred regarding the Court's Order and "hereby agree and stipulate that this matter be remanded to the Tenth Judicial Circuit Court, in and for Polk County, Florida." (Id. at 2). Accordingly, the Clerk is directed to remand this case to state court and, thereafter, close this case. Signed by Judge Virginia M. Hernandez Covington on 5/22/2026. (ATI)
|
|
Filing 12
ENDORSED ORDER: Pursuant to Plaintiff's "Voluntary Dismissal without Prejudice as to Brian Mazzoni only" (Doc. #10), the claims against Defendant Brian Mazzoni are dismissed without prejudice. The Clerk is directed to terminate Brian Mazzoni as a party to this action. Signed by Judge Virginia M. Hernandez Covington on 5/22/2026. (ATI)
|
| Filing 11 STIPULATION re 7 Order by Target Corporation. (Samuel, Sherilee) |
| Filing 10 NOTICE of voluntary dismissal by Cynthia Kinter (Lambo, Michelle) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Target Corporation. Related case(s): Yes (Samuel, Sherilee) |
| Filing 8 NOTICE of Local Rule 1.07(c) and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.03 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). (GSO) |
|
Filing 7
ENDORSED ORDER: Defendant Target Corporation removed this case from state court on the basis of diversity jurisdiction. (Doc. #1). Plaintiff Cynthia Kinter's state court complaint (Doc. # 1-1) 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). Even assuming--without deciding--that complete diversity exists because of fraudulent joinder, the Court is not convinced that the amount in controversy requirement has been met. To establish that the amount in controversy exceeds $75,000, Defendant relies on Plaintiff's initial disclosures, which show that Plaintiff claims damages for "[p]ast medical bills/expenses from Plaintiff's medical providers" in the amount of $74,237.05. (Doc. # 1-6 at 16). However, this alone does not show that the amount in controversy exceeds the $75,000 threshold. And "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"). The record does not show by a preponderance of the evidence that the amount in controversy exceeds $75,000. Accordingly, Defendant Target Corporation is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by May 25, 2026. Signed by Judge Virginia M. Hernandez Covington on 5/20/2026. (ATI)
|
| Filing 6 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Target Corporation. (Samuel, Sherilee) |
| Filing 5 NOTICE of Lead Counsel Designation by Sherilee J. Samuel on behalf of Target Corporation. Lead Counsel: Sherilee J. Samuel, Esq.. (Samuel, Sherilee) |
| Filing 4 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:26-cv-1500-VMC-AEP. (AA) |
| Filing 3 NOTICE TO COUNSEL Michelle D. Lambo 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). (AA) |
| Filing 2 NOTICE TO COUNSEL Alexandra Guerra, Michelle D. Lambo of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (AA) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from TENTH JUDICIAL CIRCUIT POLK CO FL, case number 2026-CA-000473 filed in State Court on 01/30/2026. Filing fee $405, receipt number AFLMDC-24970982 filed by Target Corporation, Brian Mazzoni. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Samuel, Sherilee) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. 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
| Search for this case: Kinter v. Target Corporation et al | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Cynthia Kinter | |
| Represented By: | Michelle Dawn Lambo |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Target Corporation | |
| Represented By: | Alexandra Guerra |
| Represented By: | Sherilee J. Samuel |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
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.
