Morris v. Humana Insurance Company
| Samantha Eve Morris |
| Humana Insurance Company and Nationwide Mutual Insurance Company |
| 1:2023cv24540 |
| December 1, 2023 |
| US District Court for the Southern District of Florida |
| Melissa Damian |
| K Michael Moore |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
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Filing 17
AMENDED PAPERLESS ORDER SUPERSEDING AND VACATING PAPERLESS ORDER (ECF No. 13). THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal as to Humana Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). #11 . Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim prior to a defendant's filing of an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). In this case, Defendant Humana Insurance Company has not filed an answer or motion for summary judgment. Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE as to Defendant Humana Insurance Company. The Clerk of Court is INSTRUCTED to terminate this defendant from the case. Plaintiffs Motion for Rule 60 Relief From Error in Order of Dismissal is DENIED AS MOOT. Signed by Judge K. Michael Moore on 1/19/2024. (rhr)
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| Filing 16 MOTION for Rule 60 Relief from Error in Order of Dismissal by Samantha Eve Morris. Responses due by 1/31/2024. (Linn, Justin) |
| Filing 15 Transmittal Letter Sent with Order of Remand to: 11th Judical Circuit. State Court Case Number: 23-159625-CC-23 (cqs) |
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Remand. #12 . Therein, Plaintiff requests that the Court remand this case back to the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. Id. In support of the Motion, Plaintiff avers that though Defendant Humana Mutual Insurance Company ("Humana") removed the case to federal court, Plaintiff has since filed a motion to voluntarily dismiss Humana #11 . Id. at 1. Accordingly, Plaintiff avers that if the Court were to grant the motion to voluntarily dismiss Humana, the only claims remaining against Defendant Nationwide Mutual Insurance Company ("Nationwide") are insufficient to trigger this Court's subject matter jurisdiction because there are no federal claims, nor does the amount in controversy exceed $75,000. See id. at 2. Defendant Nationwide does not object to Plaintiff's motion to remand. The Court agrees that remand is appropriate. A case must be remanded "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction." 28 U.S.C. 1447(c); Bregman v. Alderman, 955 F.2d 660 (11th Cir. 1992). Here, because the Court has granted Plaintiff's motion to voluntarily dismiss Humana, the Court is not satisfied that it has subject-matter jurisdiction over the remaining claims. Accordingly, UPON CONSIDERATION of the Motion #12 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Unopposed Motion to Remand #12 is GRANTED. This case is REMANDED to the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade, Florida. Signed by Judge K. Michael Moore on 12/29/2023. (rhr)
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal as to Humana Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). #11 . Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim prior to a defendant's filing of an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). In this case, Defendant Humana Insurance Company has not filed an answer or motion for summary judgment. Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE as to Defendant Humana Insurance Company. The Clerk of Court is INSTRUCTED to terminate this defendant from the case. Signed by Judge K. Michael Moore on 12/29/2023. (rhr)
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| Filing 12 Plaintiff's MOTION to Remand to State Court by Samantha Eve Morris. (Linn, Justin) |
| Filing 11 NOTICE of Voluntary Dismissal as to HUMANA only; action shall continue as to Nationwide by Samantha Eve Morris (Linn, Justin) |
| Filing 10 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Nationwide Mutual Insurance Company. Attorney Jessa Irene DeGroote added to party Nationwide Mutual Insurance Company(pty:dft). (DeGroote, Jessa) |
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to File Response to Complaint. #7 . Therein, Defendant requests a brief extension of time to file a response because it is awaiting documents from Plaintiff and it needs further time to properly research and investigate Plaintiffs claims. Id. at 2. Plaintiff does not oppose Defendant's request. Id. at 3. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #7 is GRANTED. Defendant shall file a response to on or before December 29, 2023. Signed by Judge K. Michael Moore on 12/7/2023. (rhr)
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| Set/Reset Response/Answer Due Deadline per DE 9 Order. Humana Insurance Company response/answer due 12/29/2023. (amb) |
| Filing 8 Amended NOTICE by Humana Insurance Company Service of Paperless Orders (Attachments: #1 Exhibit Docket Sheet Including Paperless Orders) (Quesada, Emilia) |
| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Humana Insurance Company. (Attachments: #1 Text of Proposed Order)(Quesada, Emilia) |
| Filing 6 NOTICE by Humana Insurance Company re 4 Order Referring Case to Magistrate Judge,, 3 Pretrial Order,,,,,,,,,,,,,,,,,,, of Service of Paperless Orders (Attachments: #1 Exhibit Docket Sheet including Paperless Orders) (Quesada, Emilia) |
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Filing 5
ORDER Setting Discovery Procedures. Signed by Magistrate Judge Melissa Damian on 12/1/2023. See attached document for full details. (cos)
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Filing 4
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MELISSA DAMIAN. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Melissa Damian to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Melissa Damian's discovery procedures. Signed by Judge K. Michael Moore on 12/1/2023. (rhr)
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Filing 3
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 12/1/2023. (rhr)
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| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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. (pc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Declaratory Action and Complaint for Damages) Filing fee $ 405.00 receipt number AFLSDC-17111664, filed by Humana Insurance Company. (Attachments: #1 Exhibit State Court Filings, #2 Civil Cover Sheet)(Quesada, Emilia) (Complaint see pg. 5 of Attachment 1, no Answer/Motion to Dismiss filed) Modified text on 12/1/2023 (pc). |
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