Cayo Lubin v. Walgreen Co.
| Marlene Cayo Lubin |
| Walgreen Co. |
| 0:2023cv61886 |
| October 4, 2023 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Tort/Non-Motor Vehicle |
| Both |
Docket Report
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This docket was last retrieved on October 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 11 Transmittal Letter Sent with Order Remanding Case to: 17th Judicial Circuit Court in and for Broward County. State Court Case Number: CACE-23-012348-CA-01. (jas) |
Filing 10
Order Remanding Case to the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. Signed by Judge Rodolfo A. Ruiz, II on 10/23/2023. See attached document for full details. (agh)
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| Filing 9 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Status Conference held on 10/23/2023. Attorney Appearance(s): Gabrielle Higgins, Paul Jay Gamm, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. (gp) |
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Filing 8
PAPERLESS ORDER setting status conference via Zoom on October 23, 2023 at 11:15 A.M. Because federal courts are courts of limited jurisdiction, "[a] federal court not only has the power but also the obligation at any time to inquire into jurisdiction whenever the possibility that jurisdiction does not exist arises." Fitzgerald v. Seaboard Sys. R.R., Inc., 760 F.2d 1249, 1251 (11th Cir. 1985). This Court has previously addressed jurisdictional concerns when defendants have offered a civil cover sheet as evidence of the Court's diversity jurisdiction. See Mager v. Katz, No. 21-62350, 2023 WL 3578989, at *1-2 (S.D. Fla. May 21, 2023) (finding that defendants had not demonstrated, "by a preponderance of the evidence that the amount in controversy can more likely than not be satisfied.") (internal quotations and citation omitted).Here, Defendant has relied on the amount in controversy marked on the civil cover sheet as evidence of this Court's diversity jurisdiction. However, recognizing the vague and conclusory nature of these types of documents, "courts have uniformly required additional evidence in conjunction with civil cover sheets." See Chase v. Holiday CVS, LLC, No. 22-20752, 2022 WL 2135446, at *3 (S.D. Fla. May 13, 2022); see also Koppey v. Liberty Mut. Fire Ins. Co., No. 20-23581, 2020 WL 13389220, at *3 n.2 (S.D. Fla. Dec. 31, 2020). Accordingly, the parties shall be prepared to address this Court's jurisdictional concerns at the status conference.The Zoom conference can be accessed at https://www.zoomgov.com/j/1608005270?pwd=SWZrc21oYWZYcjZyNXd4c2NOZjdLQT09. The Meeting ID is 160 800 5270 and the Passcode is 922759. Signed by Judge Rodolfo A. Ruiz, II on 10/18/2023. (agh)
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| Filing 7 STATUS REPORT by Walgreen Co. (Attachments: #1 Exhibit Civil Cover Sheet, #2 Exhibit State Court Docket)(Gamm, Paul) |
| Filing 6 NOTICE of Attorney Appearance by Alexander Thomas Harne on behalf of Walgreen Co.. Attorney Alexander Thomas Harne added to party Walgreen Co.(pty:dft). (Harne, Alexander) |
| Filing 3 ANSWER and Affirmative Defenses to Complaint by Walgreen Co.. (Gamm, Paul) |
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Filing 5
ORDER REQUIRING REMOVAL STATUS REPORT. Counsel for the removing party is directed to file and serve a Removal Status Report no later than October 18, 2023. Signed by Judge Rodolfo A. Ruiz, II on 10/4/2023. See attached document for full details. (rbe)
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Filing 4
Order Requiring Joint Scheduling Report And Certificates Of Interested Parties.The parties are directed to prepare and file a joint scheduling report, as required by Local Rule 16.1, by October 27, 2023. In addition, by October 27, 2023, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements. Signed by Judge Rodolfo A. Ruiz, II on 10/4/2023. See attached document for full details. (rbe)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number AFLSDC-16967751, filed by Walgreen Co. No Answer Filed. Motion To Dismiss Filed- pg. 42-44 (Main Document) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Gamm, Paul) Modified text & attachment description on 10/4/2023 (rbe). |
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| Plaintiff: Marlene Cayo Lubin | |
| Represented By: | Geralda David |
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| Defendant: Walgreen Co. | |
| Represented By: | Paul Jay Gamm |
| Represented By: | Alexander Thomas Harne |
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