GONZALEZ
v.
HOME DEPOT USA INC.
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The court held that it lacked subject matter jurisdiction due to a lack of complete diversity and therefore must remand the case to state court.
Plaintiff initially sued defendants Home Depot and Coca-Cola, who removed the case based on diversity jurisdiction. Plaintiff later amended the compla…
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and COCA-COLA BEVERAGES
FLORIDA, LLC.
Defendants. _____________________________/
ORDER REMANDING CASE
THIS CAUSE is before the Court upon a sua sponte review of the record.
On October 29, 2021, the Court granted Plaintiff Orlando Gonzalez’s (“Plaintiff”) request for leave to file an Amended Complaint to join Defendant Eduardo De La Moneda—the effect of which would defeat diversity jurisdiction in this case. See ECF No. (“Order”).1 Plaintiff has now filed his Amended Complaint adding De La Moneda as a Defendant. See ECF No. (“Amended Complaint”).
The Court has carefully reviewed the Amended Complaint, the record in this case, the applicable law, and is otherwise fully advised. Federal courts are “‘empowered to hear only those cases within the judicial power of the United States as defined by Article III of the Constitution,’ and which have been entrusted to them by a jurisdictional grant authorized by Congress.” Univ. of S. Ala. v. Am. Tobacco Co., 168 F. 3d 405, 409 (11th Cir. 1999) (quoting Taylor v. Appleton, 30 F. 3d 1365, 1367 (11th Cir. 1994)).
As
jurisdiction: (1) jurisdiction under specific statutory grant; (2) federal question jurisdiction pursuant to 28 U.S.C. § 1331; or (3) diversity jurisdiction pursuant to 28 U.S.C. § 1332(a).” Thermoset Corp. v. Bldg. Materials Corp. of Am., 849 F. 3d 1313, 1317 (11th Cir. 2017) (quoting PTA-FLA, Inc. v. ZTE USA, Inc. 844 F. 3d 1299, 1305 (11th Cir. 2016)) (internal quotations omitted).
With regard to diversity jurisdiction, “[t]he district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different States.” 28 U.S.C. § 1332(a)(1). In the Notice, Defendants assert that Home Depot is a citizen of Delaware and Georgia, and Coca-Cola Beverages is a limited liability company whose members are citizens of Texas. See
ECF No. ¶¶ 24, 26, 28. In addition, in the Amended Complaint, Plaintiff alleges that he is a citizen of the state of Florida and that Defendant De La Moneda is a citizen of Florida. See ECF No. ¶¶ 2, 5. As such, complete diversity does not exist, because both Plaintiff and Defendant De La Moneda are citizens of Florida. Therefore, because the Court lacks diversity jurisdiction, this case must be remanded to the state court. See 28 U.S.C. § 1447(c). Accordingly, it is ORDERED AND ADJUDGED as follows: 1. This matter is REMANDED to the Eleventh Judicial Circuit Court in and for Miami-Dade County for further proceedings.
2. The Clerk is DIRECTED TO CLOSE this case.
Case No. 21-cv-23279-BLOOM/Otazo-Reyes
3. Any pending motions are DENIED AS MOOT.
4. Any pending deadlines are TERMINATED.
DONE AND ORDERED in Chambers at Miami, Florida, on November1, 2021.
BETH BLOOM
UNITED STATES DISTRICT JUDGE
Copies to: Counsel of Record
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Citator
Authorities Cited
- Taylor v. Appleton, 30 F.3d 1365 (11th Cir. 1994)
- Thermoset Corp. v. Bldg. Materials Corp OF Am., 849 F.3d 1313 (11th Cir. 2017)
- Pta-Fla, Inc. v. ZTE USA, Inc., 844 F.3d 1299 (11th Cir. 2016)