Hogan v. Vermont Mutual Insurance Company
| Patricia Hogan |
| Vermont Mutual Insurance Company |
| 3:2021cv30088 |
| August 20, 2021 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Insurance |
| Both |
Docket Report
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This docket was last retrieved on September 24, 2021. A more recent docket listing may be available from PACER.
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| Filing 9 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered ALLOWING #6 Plaintiff's Motion to Remand to State Court. See 28 U.S.C. 1446(c). This suit involves an insurance claim for water and steam damage that has already been resolved by a referee and partially paid. (Dkt. No. 1-1.) Plaintiff filed the lawsuit in Massachusetts Superior Court and Defendant removed on the basis of diversity jurisdiction under 28 U.S.C. 1332. (Dkt. No. 1.)Although the parties are diverse, the amount in controversy threshold is not met. "[A]s the First Circuit has repeatedly stated, the removal statute should be strictly construed against removal." Youtsey v. Avibank Mfg., Inc., 734 F. Supp. 2d 230, 233 (D. Mass. 2010) (internal quotation marks omitted). Plaintiff seeks a "confirmation of award" made by the referee for two unpaid sums: $47,321.59 and $22,875.49 (totaling $70,197.08) for costs incurred to rebuild her residence in accordance with building codes. (Dkt. No. 1-1 at 28, 31, 40; Dkt. No. 6 at 2.) Plaintiff also seeks $14,000 in attorney fees, but Plaintiff agrees that this amount is speculative and not appropriate to nudge the amount in controversy over the jurisdictional threshold. See Zayas-Carmona v. Rent-a-Center East, Inc., 59 F. Supp. 3d 313, 315 (D. P.R. 2014) ("Normally, attorney's fees are not included in determining the amount in controversy....") (citing Velez v. Crown Life Ins. Co., 599 F.2d 471, 474 (1st Cir. 1979)). This court therefore lacks subject matter jurisdiction over the Complaint under 28 U.S.C. 1332(a), and the case is remanded to state court. (Figueroa, Tamara) |
| Filing 8 ANSWER to Complaint with Jury Demand by Vermont Mutual Insurance Company.(O'Connor, David) |
| Filing 7 Opposition re #6 MOTION to Remand to State Court PURSUANT TO 28 U.S.C. 1447(C) filed by Vermont Mutual Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(O'Connor, David) |
| Filing 6 MOTION to Remand to State Court PURSUANT TO 28 U.S.C. 1447(C) by Patricia Hogan.(Weinberg, Paul) |
| Filing 5 EXHIBIT re #4 Notice (Other) Civil Action Cover Sheet by Vermont Mutual Insurance Company. (O'Connor, David) |
| Filing 4 NOTICE by Vermont Mutual Insurance Company Correction To Record Made Removing Party (O'Connor, David) |
| Filing 3 Remark: A Certified copy of the Notice of Removal has been emailed today to Defendants Counsel for service on the State Court in order to obtain the certified State Court record. (Lindsay, Maurice) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Lindsay, Maurice) |
| Filing 1 NOTICE OF REMOVAL by Vermont Mutual Insurance Company ( Filing fee: $ 402, receipt number 0101-8913273 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet Civil Cover Sheet, #5 Category Sheet, #6 Corporate Disclosure)(O'Connor, David) |
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| Plaintiff: Patricia Hogan | |
| Represented By: | Paul S. Weinberg |
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| Defendant: Vermont Mutual Insurance Company | |
| Represented By: | David M. O'Connor |
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