POTTER

v.

COASTAL AUTOMOTIVE RECONDITIONING

THIS CAUSE is before the Court on Defendant’s Response to Court Order (Doc. 6; Response), filed on May 14, 2021. On April 28, 2021, Defendant filed a notice of removal, seeking to remove this case from the Circuit Court, Fourth Judicial Circuit, in and for Duval County, Florida. See generally Notice of Removal (Doc. 1; Notice). In the Notice, Defendant asserted that the Court has subject matter jurisdiction over this action because “the Lawsuit could have been brought originally before this Court under 28 U.S.C. § 1332, by reason of complete diversity of citizenship between the Plaintiff and the Defendant and the amount in controversy.” Id. ¶ 8. However, upon review of the Notice and the attached Complaint (see Doc. 3; Complaint), the Court was unable to determine whether it has diversity jurisdiction over this action because Defendant inadequately pled the citizenship of the Plaintiff, and failed to allege sufficient facts to plausibly demonstrate that the amount in controversy exceeds

$75,000. Accordingly, on April 30, 2021, the Court entered an order (Doc. 5; Order) outlining the deficiencies in the Notice and directing Defendant to provide the Court with sufficient information so that it could determine whether it has diversity jurisdiction over this action. See generally Order. Specifically,

in the Order, the Court explained that Defendant had not alleged the facts necessary to establish diversity of citizenship because the Notice and the Complaint merely disclosed Plaintiff’s state of residence, rather than her domicile or state of citizenship. See id. at 4. In addition, the Court found that

Defendant had not alleged sufficient facts to plausibly demonstrate that the amount in controversy exceeds $75,000 because Defendant based its amount in controversy determination only on the “generic, vague, and categorical allegations of the Complaint” and the civil cover sheet. See Order at 6. On May

14, 2021, Defendant filed the instant Response, in which it purports to provide “additional information in order to determine diversity jurisdiction.” See Response at 1. However, despite Defendant’s inclusion of “additional information,” the Court remains unable to conclude that it has subject matter jurisdiction over the instant action.¹ This is so because Defendant again fails to

Plaintiff. See Order at 4. In the Response, Defendant corrects its previous allegation and explains that Plaintiff is registered to vote in Florida, has a Florida driver’s license, and is in fact, a citizen of Florida. See Response at ¶ 1. As such, the Court is satisfied that diversity of citizenship exists in this action. City Plaza II, Inc., 608 F. 3d 744, 752 (11th Cir. 2010). Rather, a removing defendant should make “specific factual allegations establishing jurisdiction” and be prepared to “support them (if challenged by the plaintiff or the court) with evidence combined with reasonable deductions, reasonable inferences, or other reasonable extrapolations.” Id. at 754. In those circumstances, a court is able to determine the amount in controversy without relying on impermissible

“conjecture, speculation, or star gazing.” Id. To support the contention the amount in controversy requirement is satisfied in this action, Defendant again relies on the civil cover sheet filed by Plaintiff in state court as well as Plaintiff’s allegation in the Complaint that she

“suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, inconvenience, expense of hospitalization, medical and nursing care and treatment, loss of earnings and loss of ability to earn money, and/or aggravation of a previously existing condition.” See Response at ¶ 4-6, 12; see also Notice ¶ 6-8, Ex. 3. However, the Court previously admonished Plaintiff that the civil cover sheet is simply for “data collection and clerical processing purposes” and “shall not be used for any other purpose.” See Order at 6. Additionally, in the previous Order, the Court rejected Defendant’s reliance on the general categories of damages sought by Plaintiff in the Complaint. See Order at 6. The Court instructed, “Defendant’s recitation of the generic, vague and categorical allegations of the Complaint, combined with a reference to the civil cover sheet, do not provide the Court with any specific, factual information by which to determine whether Plaintiff’s damages plausibly exceed the jurisdictional threshold.” See id. Despite this, Defendant continues to rely on the same allegations with the addition of only one factual allegation – that “Plaintiff notified Defendant that her current medical bills related to the case, including outstanding liens, were $19,739.16.” Response at ¶ 6. In an apparent effort to bridge the gap between Plaintiff’s $19,739.16 in medical expenses and the jurisdictional threshold, Defendant suggests that the Court calculate the number of days that have passed since Plaintiff’s injury, make an assumption about her life expectancy, and arbitrarily choose a number of dollars a jury might award Plaintiff for past and future pain and suffering damages. This attempt fails for at least two reasons. First, Defendant’s calculation is entirely speculative, relying solely upon damage awards from other² cases. And second,

while the calculation may present the amount Defendant believes a jury may award Plaintiff, it tells the Court nothing about the amount Plaintiff has put in controversy in this action. See Ericsson GE Mobile Commc'ns, Inc. v. Motorola Commc'ns & Elecs., Inc., 120 F. 3d 216, 219 (11th Cir. 1997) (The Eleventh

see Response at ¶ 7, which might aid the Court in determining the amount Plaintiff is seeking, Defendant fails to disclose any information about Plaintiff’s valuation of her case in the letter or any factual allegations contained in the letter that might support a finding that the value of Plaintiff’s claims exceed

$75,000. In light of the foregoing, the Court determines that despite the Court’s guidance and despite being given an additional opportunity, Defendant has failed to satisfactorily allege that the amount in controversy in this case exceeds the jurisdictional threshold. Accordingly, it is ORDERED: 1. This case is REMANDED without prejudice to the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida for further

proceedings.³

DONE AND ORDERED at Jacksonville, Florida on May 25, 2021.

MARCIA MORALES HOWARD

United States District Judge

1c28 Copies to: Counsel of Record Clerk, Circuit Court, Fourth Judicial Circuit, in and for Duval County, Florida