JB Green Estate, LLC v. ALLIANZ GLOBAL CORPORATE & SPECIALTY SE
| JB Green Estate, LLC |
| ALLIANZ GLOBAL CORPORATE & SPECIALTY SE a/k/a AGCS MARINE,, Allianz Global Corporate & Specialty SE and AGCS Marine |
| 1:2019cv24394 |
| October 23, 2019 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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| Filing 11 NOTICE by Allianz Global Corporate & Specialty SE re 10 Order Staying Case,,,,,,,,, Joint Notice of Filing Status Report Regarding Appraisal Process (Bloom, Jason) |
Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to Refile Notice of Removal. #9 . Therein, Defendant requests an additional seven (7) days to provide briefing to the Court regarding the amount in controversy or to refile its Notice of Removal with additional evidence of the amount in controversy. Id. Defendant attached invoices to its Motion reflecting that Plaintiff seeks in excess of $330,000 from Defendant in insurance payouts, and states that Plaintiff contends that Defendant has only paid $200,000. Id. Plaintiff now seeks the remaining at least $130,000 under the policy. #9 at 3. Therefore, Defendant has demonstrated that the amount in controversy exceeds $75,000. Because the parties are diverse, the Court finds that it has subject matter jurisdiction pursuant to 28 U.S.C. 1332. Accordingly, Defendant need not file further evidence of the amount in controversy or refile its Notice of Removal. Therefore, the Motion for Extension of Time #9 is DENIED. Because the Court has subject matter jurisdiction, the Court may now consider Defendant's Unopposed Motion to Compel Appraisal and to Abate All proceedings Pending Completion of Appraisal. #7 . Therein, Defendant states that it conferred with counsel for Plaintiff and that Plaintiff does not object to the requested relief. Id. at 6. UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, the Motion to Compel Appraisal and to Abate All Proceedings Pending Completion of Appraisal #7 is GRANTED. The action is hereby STAYED and the Clerk of Court is directed to administratively CLOSE the matter. It is further ORDERED that the Parties shall submit a joint status report to the Court within forty-five (45) days of this Order describing the progress made in the appraisal and shall file further status reports with the Court every forty-five (45) days thereafter. The Parties shall file a notice upon completion of the appraisal process and shall file a stipulation of dismissal within twenty-one (21) days of completion of the appraisal process. Alternatively, in the event that appraisal does not resolve the matter in full, the Parties must move to reopen the matter within twenty-one (21) days following the conclusion of the appraisal. Signed by Chief Judge K. Michael Moore on 10/31/2019. (mh01)
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| Filing 9 Unopposed MOTION for Extension of Time to refile Notice of Removal and Documents in Support of Jurisdiction re 8 Order to Show Cause,,,,,,,,,, by Allianz Global Corporate & Specialty SE. Responses due by 11/14/2019 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bloom, Jason) |
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Filing 8
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant AGCS Marine Insurance Company's Revised Notice of Removal. #6 . On October 23, 2019, Defendant filed a Notice of Removal. #1 . Therein, Defendant asserted that this Court has jurisdiction based on diversity pursuant to 28 U.S.C. 1332. Id. However, it was not apparent to the Court that the amount in controversy is in excess of $75,000. "[I]t is well settled that a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking." Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999). Thus, on October 25, 2019, this Court ordered Defendant to "refile its Notice of Removal attaching evidence of an amount in controversy that exceeds $75,000... [or] [i]n the alternative,... provide the Court briefing not to exceed five pages on the amount in controversy in this case and whether it comports with the requirements of subject matter jurisdiction in 28 U.S.C. 1332." 4 . In Defendant's Revised Notice of Removal, Defendant provides a Joint Stipulation as to Amount in Controversy, wherein the Parties stipulate that "the amount in controversy between the diverse Plaintiff and Defendant exceeds $75,000.00." [6-7]. However, this is insufficient to prove that the amount in controversy exceeds $75,000 because a stipulation devoid of any itemization or documentation in support "is of no value" to this Court's jurisdiction analysis. Kenny v. Briggs & Stratton Corp., CV 116-113, 2016 WL 6650845, at *3 (S.D. Ga. Nov, 16, 2016) (internal quotation marks and citation omitted) ("The Stipulation, also devoid of itemization or documentation in support, and its purported understanding and agreement that the case will remain in federal court is of no value to this Court's analysis because jurisdiction cannot be conferred by consent."); see also Morrison v. Allstate Indem. Co., 228 F.3d 1255, 1275 (11th Cir. 2000) ("[J]urisdiction cannot be conferred by consent[.]"). Accordingly,Defendant is hereby ORDERED to refile its Notice of Removal attaching evidence of an amount in controversy that exceeds $75,000. In the alternative, Defendant may provide the Court briefing not to exceed five pages on the amount in controversy in this case and whether it comports with the requirements of subject matter jurisdiction in 28 U.S.C. 1332. An Amended Notice of Removal or other briefing shall be filed on or before October 31, 2019 at 12:00pm. Signed by Chief Judge K. Michael Moore on 10/29/2019. (mh01)
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| Filing 7 Unopposed MOTION to Compel Appraisal and Abate all Proceedings Pending Completion of Appraisal by Allianz Global Corporate & Specialty SE. Responses due by 11/12/2019 (Attachments: #1 Exhibit Complaint, #2 Exhibit Appraisal, #3 Exhibit Letter)(Bloom, Jason) |
| Filing 6 NOTICE by Allianz Global Corporate & Specialty SE re 4 Order to Show Cause,,,,,,,, Revised Notice of Removal (Attachments: #1 Exhibit Complaint, #2 Exhibit SOP, #3 Exhibit JB Green Estate, LLC 2018 Florida LLC Annual Report, #4 Exhibit DE and Docket (as of 10-28-2019), #5 Exhibit Notice of Removal with Exhibits, #6 Exhibit DE 4, #7 Exhibit Joint Stipulation as to Amount in Controversy) (Bloom, Jason) |
| Filing 5 STIPULATION (Joint) as to Amount in Controversy by Allianz Global Corporate & Specialty SE (Bloom, Jason) |
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Filing 4
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Allianz Global Corporate and Specialty SE's Notice of Removal. #1 . Therein, Defendant asserts that this Court has jurisdiction based on diversity pursuant to 28 U.S.C. 1332. Id. However, it is not apparent to the Court from the Notice of Removal that the amount in controversy is in excess of $75,000. If the jurisdictional amount is not facially apparent from the Complaint, the court should look to the Notice of Removal and may require evidence relevant to the amount in controversy at the time the case was removed. Williams v. Best Buy Co., 269 F.3d 1316, 1319 (11th Cir. 2001); see also McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936). "A conclusory allegation in the notice of removal that the jurisdictional amount is satisfied, without setting forth the underlying facts supporting such an assertion, is insufficient to meet the defendant's burden." Williams, 269 F.3d at 1319-20 (citations omitted). Here, Plaintiff's Complaint indicates that Plaintiff is only seeking damages in excess of $15,000. [1-1]. In the Notice of Removal, Defendant states that "it appears that Plaintiff's claimed damages exceed the jurisdictional minimum in this Court of $75,000.00 based on the Plaintiff's valuation of the amounts putatively owed," but provides no support for this assertion. #1 at 4-5. This is insufficient to demonstrate that the amount in controversy exceeds $75,000. Accordingly, Defendant is hereby ORDERED to refile its Notice of Removal attaching evidence of an amount in controversy that exceeds $75,000. In the alternative, Defendant may provide the Court briefing not to exceed five pages on the amount in controversy in this case and whether it comports with the requirements of subject matter jurisdiction in 28 U.S.C. 1332. An Amended Notice of Removal or other briefing shall be filed no later than November 1, 2019. Signed by Chief Judge K. Michael Moore on 10/25/2019. (mh01)
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| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (drz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-12090369, filed by ALLIANZ GLOBAL CORPORATE & SPECIALTY SE a/k/a AGCS MARINE,. (Attachments: #1 Exhibit Complaint, #2 Exhibit Service of Process, #3 Exhibit Company Annual Report, #4 Exhibit DE and Docket, #5 Civil Cover Sheet Civil Cover Sheet)(Bloom, Jason) |
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