Morales v. Crown Equipment Corporation
| Juan Camilo Morales |
| Crown Equipment Corporation |
| 1:2022cv23783 |
| November 18, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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| Document Text |
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| Filing 8 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Crown Equipment Corporation. (Kegler, Philip) |
| Filing 7 NOTICE Regarding Court's November 21, 2022 Order by Crown Equipment Corporation re 5 Order,,, (Attachments: #1 Exhibit A - Email, #2 Exhibit B - WC Petition for Benefits) (Kegler, Philip) Modified Text on 12/2/2022 (ls). |
| Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Juan Camilo Morales (Dandashly, Mustafa) |
Filing 5
PAPERLESS ORDER. Defendant removed this action on the basis of diversity jurisdiction. However, there are no allegations in the Complaint or evidence in the record to establish that the amount in controversy exceeds $75,000. See 28 U.S.C. 1332(a). While Defendant's counsel may have experience with similar claims, the Court finds that his affidavit, without more, is insufficient to satisfy Defendant's burden on removal. "Courts... have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of challenge from any party." Arbaugh v. Y&H Corp., 546 US 500, 514 (2006). Accordingly, within ten days of the date of the Order, Defendant shall file a pleading with the Court which establishes, either through stipulation of Plaintiff or by a preponderance of the evidence, that the amount-in-controversy exceeds $75,000. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 4 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Crown Equipment Corporation (Correnti, Michael) |
| Filing 3 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (hs01) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (aao) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Juan Camilo Morales, individually vs. Crown Equipment Corporation) Filing fee $ 402.00 receipt number AFLSDC-16111705, filed by Crown Equipment Corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Complaint & Other Doc, #3 Exhibit Complaint, #4 Exhibit Affidavit, #5 Exhibit NOF Notice of Removal) No Answer/Motion to Dismiss (Correnti, Michael) Modified Attached on 11/18/2022 (aao). Modified on 11/21/2022 (aao). |
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| Plaintiff: Juan Camilo Morales | |
| Represented By: | Judd Gordon Rosen |
| Represented By: | Mustafa Hasan Dandashly |
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| Defendant: Crown Equipment Corporation | |
| Represented By: | Michael James Wiggins |
| Represented By: | Philip Kegler |
| Represented By: | Michael Correnti |
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