ATLANTIC CASUALTY INSURANCE COMPANY v. NEELY'S GROG HOUSE, INC. et al
| ATLANTIC CASUALTY INSURANCE COMPANY |
| KENNETTE JOHNSTON, BRIAN JOHNSTON and NEELY'S GROG HOUSE, INC. |
| 2:2018cv14277 |
| July 16, 2018 |
| US District Court for the Southern District of Florida |
| Ft Pierce Office |
| St. Lucie (Office: Ft Pierce) |
| Shaniek M Maynard |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 11 Certificate of Interested Parties/Corporate Disclosure Statement by ATLANTIC CASUALTY INSURANCE COMPANY (Khutorsky, Gary) |
| Filing 10 Defendants, Brian and Kennette Johnston's ANSWER to Complaint by BRIAN JOHNSTON, KENNETTE JOHNSTON. (DiGiacomo, Frank) |
| Filing 9 NOTICE by BRIAN JOHNSTON, KENNETTE JOHNSTON Notice to Appear. Attorney Frank DiGiacomo added to party BRIAN JOHNSTON(pty:dft), Attorney Frank DiGiacomo added to party KENNETTE JOHNSTON (pty:dft). (DiGiacomo, Frank) |
| Filing 8 Summons Issued as to NEELY'S GROG HOUSE, INC. (mc) |
| Filing 7 NOTICE of Filing Proposed Summons(es) DIRECTED TO NEELY'S GROG HOUSE by ATLANTIC CASUALTY INSURANCE COMPANY (Khutorsky, Gary) |
| Filing 6 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - the image is BLANK. (mc) |
| Filing 5 NOTICE of Filing Proposed Summons(es) DIRECTED TO NEELY'S GROG HOUSE by ATLANTIC CASUALTY INSURANCE COMPANY (Khutorsky, Gary) |
| Filing 4 AMENDED COMPLAINT FOR DECLARATORY RELIEF against ATLANTIC CASUALTY INSURANCE COMPANY, filed by ATLANTIC CASUALTY INSURANCE COMPANY. (Attachments: #1 Exhibit Complaint- Exhibit A, #2 Exhibit Policy - Exhibit B, #3 Exhibit Exclusion - Exhibit C)(Khutorsky, Gary) |
Filing 3
PAPERLESS ORDER. Plaintiff filed this declaratory action based on diversity jurisdiction, and therefore has the burden of establishing it. See Federated Mut. Ins. Co. v. McKinnon Motors, LLC, 329 F.3d 805, 807 (11th Cir. 2003). Where, as here, "jurisdiction is based on a claim for indeterminate damages,... the party seeking to invoke federal jurisdiction bears the burden of proving by a preponderance of the evidence that the claim on which it is basing jurisdiction meets the jurisdictional minimum" of at least $75,000, exclusive of interest and costs. Id. "In an action by an insurance company seeking a court's declaration that it has no duty to defend or indemnify its insured in an underlying lawsuit, a court examines the following factors to determine the amount in controversy: (1) the coverage limits under the insurance policy; (2) the amount of damages sought in the underlying lawsuit; and (3) the pecuniary value of the obligation to defend the insured in the underlying lawsuit." Dairyland Ins. Co. v. Valladares, No. 08-14152, 2009 WL 10667165, at *2 (S.D. Fla. Jan. 15, 2009) (citation omitted). Here, the underlying lawsuit does not request a particular sum of damages, and the amount that Plaintiff could be liable for a body injury claim under the insurance policy is not apparent from the Complaint. Accordingly, Plaintiff is ORDERED to file an amended complaint by July 20, 2018 that corrects these jurisdictional deficiencies; a failure to do so will result in the dismissal of this action for lack of subject matter jurisdiction. Signed by Judge Donald M. Middlebrooks on 7/17/2018. (bwn)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (lh) |
| Filing 1 COMPLAINT FOR DECLARATORY RELIEF against All Defendants. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-10814402, payment transferred from : 2:18-cv-14274, filed by ATLANTIC CASUALTY INSURANCE COMPANY. (Attachments: #1 Exhibit Complaint, #2 Exhibit Policy, #3 Exhibit Exclusion, #4 Civil Cover Sheet)(Khutorsky, Gary) |
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