Peleus Insurance Company v. Southwest Marine and General Insurance Company et al
| Peleus Insurance Company |
| Southwest Marine and General Insurance Company and Elsa Barzallo |
| 1:2024cv01526 |
| February 29, 2024 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Dora Lizette Irizarry |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgement |
| None |
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This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
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| Filing 9 CLERK'S JUDGMENT: that this case is dismissed for lack of subject matter jurisdiction. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 3/20/2024. (JP) |
| Filing 8 AFFIDAVIT of Service for Affidavit of Service , filed by Peleus Insurance Company. (Edwins, William) |
ORDER DISMISSING CASE FOR LACK OF SUBJECT MATTER JURISDICTION -- On February 29, 2024, Plaintiff filed this action for a declaratory judgment asserting this Court's subject matter jurisdiction based on diversity of the parties pursuant to 28 U.S.C. 1332. See, Compl., Dkt. Entry No. #1 . However, the Complaint provides no information regarding the amount in controversy. Plaintiff baldly asserts that the amount in controversy exceeds $75,000 and claims that it has incurred costs and expenses because of Southwest's improper refusal to defend and indemnify Summerfield/Brooklyn" in the underlying action. Compl. 7, 29. These bare assertions are inadequate and must be supported by factual allegations that show a reasonable probability that the claim exceeds the requisite statutory amount, exclusive of fees and costs. See, Scherer v. Equitable Life Assurance Soc'y of U.S., 347 F.3d 394, 397 (2d Cir. 2003) ("A party invoking the jurisdiction of the federal court has the burden of proving that it appears to a reasonable probability that the claim is in excess of the statutory jurisdictional amount." (internal quotation marks omitted))In declaratory judgment actions based on diversity jurisdiction, "the amount in controversy is measured by the value of the object of the litigation." Hunt v. Wash. State Apple Adver. Comm'n, 432 U.S. 333, 347 (1977). In this case, Plaintiff claims that it has incurred costs defending Summerfield/Brooklyn in the underlying action. Compl. 29. However, costs and interest are "expressly excluded from the amount in controversy requirement under the diversity statute." Manney v. Intergroove Media GMBH, 2013 WL 4495190, at *5 (E.D.N.Y. Aug. 19, 2013); 28 U.S.C. 1332(a).For these reasons, the Court finds that it lacks subject matter jurisdiction and, therefore, this case is DISMISSED. Plaintiff is directed to serve a copy of this Electronic Order on the Defendants by March 13, 2024 and immediately thereafter file proof of such service. The Clerk of the Court is directed to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/8/2024. (Irizarry, Dora)
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| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
| Filing 6 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (SDM) |
| Filing 5 Summons Issued as to Elsa Barzallo, Southwest Marine and General Insurance Company. (Attachments: #1 Elsa Barzallo) (SDM) |
| Filing 4 Proposed Summons. Re #1 Complaint, #2 Proposed Summons/Civil Cover Sheet by Peleus Insurance Company (Edwins, William) |
| Filing 3 Proposed Summons. Re #1 Complaint, #2 Proposed Summons/Civil Cover Sheet by Peleus Insurance Company (Edwins, William) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Peleus Insurance Company (Edwins, William) |
| Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT against ELSA BARZALLO, Southwest Marine and General Insurance Company filing fee $ 405, receipt number ANYEDC-17619613 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Peleus Insurance Company. (Edwins, William) |
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