Johnson v. Carey International, Inc. et al
| Lasandra R. Johnson |
| Embarque Miami, Inc. and Carey International, Inc. |
| 1:2020cv24557 |
| November 5, 2020 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 9 ACKNOWLEDGMENT OF RECEIPT by Dade County Clerk of Circuit and County Courts as to #8 Transmittal Letter Sent (mee) |
| Filing 8 Transmittal Letter Sent with Order Remanding to State Court to: 11th Judicial Circuit in and for Miami Dade County Florida. State Court Case Number: 20-021108-CA-01 (Attachments: #1 Order) (mee) |
Filing 7
Order Remanding Case to State Court. Closing Case. Signed by Judge Robert N. Scola, Jr on 11/13/2020. See attached document for full details. (mee)
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| Filing 6 STIPULATION Joint, for Remand to State Court by Carey International, Inc., Embarque Miami, Inc. (Bacigalupo, Franco) |
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Filing 5
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 11/10/2020. See attached document for full details. (fbn)
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Filing 4
ORDER REQUIRING DISCOVERY AND SCHEDULING CONFERENCE AND ORDER REFERRING DISCOVERY MATTERS TO THE MAGISTRATE JUDGE. REFERRING CASE to Magistrate Judge Jonathan Goodman for all Discovery Matters. Signed by Judge Robert N. Scola, Jr on 11/6/2020. See attached document for full details. (mee)
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Filing 3
PAPERLESS ORDER: This matter is before the Court upon an independent review of the record. On November 5, 2020, the Defendants removed the instant action from Eleventh Judicial Circuit in and for Miami Dade County to this Court. #1 . In reviewing the Defendants' notice of removal, the Court cannot determine if the requisite amount is at issue between the parties and therefore the Court cannot determine if it has jurisdiction over this matter pursuant to 28 U.S.C. 1332. For instance, on her civil cover sheet the Plaintiff seems to indicate her claims are worth "$30,0001 - $50,000" and in her complaint the Plaintiff states that she is seeking damages and equitable relief "in excess of $30,000.00 but... less than $75,000.00 for all relief and/or damages available to Plaintiff." (ECF No. 1-1, at 2, 5.) The Defendants, however, state that the "Plaintiff could be awarded up to $74,999 if she were awarded the maximum amount of damages she seeks in the Complaint" and seem to suggest the remainder of the jurisdictional amount is met if this Court considers the value of attorneys' fees provided by statute and requested by the Plaintiff through trial date, which the Defendants state would occur one to two years from removal. (ECF No. 1 at 6.) While some courts in this district calculate damages and fees through a potential trial date, this Court declines to do so and instead chooses to calculate potential damages and fees for jurisdictional purposes through the date of removal. Leonard v. Enterprise Rent a Car, 279 F.3d 967, 972 (11th Cir. 2002) (for purposes of challenging subject matter jurisdiction, the "critical time is the date of removal... [i]f jurisdiction was proper at that date, subsequent events, even the loss of the required amount in controversy will not operate to divest the court of jurisdiction."). By November 13, 2020, the Defendant must file an amended notice of removal which states, with specificity, the value of the Plaintiff's damages and attorneys' fees incurred through the date of removal. Clinch v. C&S Wholesale Services, Inc., No. 20-23737-Civ, 2020 WL 6364312 (S.D. Fla. Oct. 29, 2020) (Scola, J.). As a court of limited jurisdiction, the Court notes has a continuing obligation to ensure it has subject matter jurisdiction over any matters that come before the Court. See Klayman v. Obama , No. 15-81023-Civ, 2015 WL 5269958, at *2 (S.D. Fla. Sept. 10, 2015) (Marra, J.). Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Disability Discrimination Complaint) Filing fee $ 400.00 receipt number AFLSDC-13817983,no answer/affirmative defenses filed by Embarque Miami, Inc., Carey International, Inc.. (Attachments: #1 Exhibit Tab A - State Court File, #2 Exhibit Tab B - LaSandra Johnson Redacted Background Documents, #3 Exhibit Tab C - Carey Declaration Executed, #4 Exhibit Tab D - Embarque Declaration ISO Notice of Removal, #5 Exhibit Tab E - Notice of Filing Notice of Removal, #6 Civil Cover Sheet)(Bacigalupo, Franco)Text Modified on 11/6/2020 (mee). |
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