Woodard v. Trost Health, LLC et al
| Chelsey Woodard |
| Trost Health, LLC, Trost Holding Company, LLC, Kulick Investments, LLC, Michael Kulick and Winter Gonzales |
| 1:2025cv25745 |
| December 8, 2025 |
| U.S. District Court for the Southern District of Florida |
| Edwin G Torres |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity |
| Plaintiff |
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| Document Text |
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| Filing 9 Plaintiff's RESPONSE TO ORDER TO SHOW CAUSE re 8 Order on Motion for Extension of Time by Chelsey Woodard. (blc) |
Filing 8
PAPERLESS ORDER granting #7 Motion for Extension of Time. Upon review of the motion the Court grants a stay of any applicable deadlines pending further Order of the Court, including the transfer of the case to a District Judge as Presiding Judge.In conjunction with the pending motion for leave to file in forma pauperis, the Complaint states on its face that some defendants are Florida entities and individuals. The Complaint provides, however, that subject matter jurisdiction is premised on diversity jurisdiction under 28 U.S.C. s. 1332. Plaintiff should be aware that diversity jurisdiction cannot lie, however, if Plaintiff (a Florida resident) is suing Florida defendants. See, e.g., CMYK Enterprises, Inc. v. Advanced Print Techs., LLC, 154 F.4th 1329, 1334 (11th Cir. 2025) ("Article III extends the federal judicial power to certain enumerated categories of "Cases" and "Controversies," including those "between Citizens of different States." U.S. Const. art. III, s. 2. That category--commonly known as diversity jurisdiction--has been implemented by statute. Under 28 U.S.C. s. 1332(a), district courts have jurisdiction over civil actions between completely diverse parties where the amount in controversy exceeds $75,000.").Therefore before the Court can proceed with the litigation and grant the in forma pauperis request, a prima facie case for federal jurisdiction must be alleged in the complaint. Therefore, plaintiff shall show cause, either in the form of a response to this Order or an amended complaint that addresses the Court's jurisdiction anew, why the case should not be dismissed without prejudice in favor of a state court action. If Plaintiff concludes that she cannot proceed in federal court, she should indicate that in her written response to this Order or otherwise show why federal jurisdiction can lie given the allegations in her own complaint.Plaintiff's response to the Order is due by April 30, 2026. Signed by Magistrate Judge Edwin G. Torres on 4/20/2026. (EGT)
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| Filing 7 Plaintiff's MOTION for Extension of Time re applicable deadlines by Chelsey Woodard. Responses due by 3/18/2026. (blc) |
| Filing 6 Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge. Filed by Chelsey Woodard (blc) |
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Filing 5
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT and ORDER ON MAGISTRATE JUDGE JURISDICTION; Consent/non-consent form due within fourteen days. Signed by Magistrate Judge Edwin G. Torres on 1/28/2026. See attached document for full details. (EGT)
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| Filing 4 Plaintiff's MOTION for Court Approval of Previously Filed Motion to Proceed In Forma Pauperis DE #3 by Chelsey Woodard. (blc) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Chelsey Woodard. (gqa) |
| Filing 2 Judge Assignment to Magistrate Judge Edwin G. Torres. (gqa) |
| Filing 1 COMPLAINT against Winter Gonzales, Michael Kulick, Kulick Investments, LLC, Trost Health, LLC, Trost Holding Company, LLC. Filing fees $ 405.00. IFP Filed, filed by Chelsey Woodard. (Attachments: #1 Civil Cover Sheet)(gqa) |
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