Capitol Preferred Insurance Company v. Whirlpool Corporation

Filing 16

ORDER directing defendant to show cause within 7 days of this Order why the case should not be remanded for lack of subject-matter jurisdiction. Signed by Judge John E. Steele on 2/18/2014. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CAPITOL PREFERRED INSURANCE
COMPANY, a/s/o Ray Zimmerly
Plaintiff,

v.

Case No: 2:13-cv-868-FtM-29CM

WHIRLPOOL
CORPORATION,
a
foreign profit corporation,
Defendant.

ORDER
This matter comes before the Court on review of the Notice
of Removal (Doc. #1) filed on December 13, 2013.1
jurisdiction

is

premised

on

the

jurisdiction between the parties.
complete

diversity

of

presence

of

(Id., ¶¶ 2, 4.)

citizenship,

and

that

Subject-matter
diversity

of

This requires
the

matter

in

controversy exceed the sum or value of $75,000, exclusive of
interest and costs.

28 U.S.C. § 1332(a); Morrison v. Allstate

Indem. Co., 228 F.3d 1255, 1261 (11th Cir. 2000).

1

If the Court determines “at any time” that it lacks subjectmatter jurisdiction, the Court must dismiss the case.
Fed. R.
Civ. P. 12(h)(3).

As the party seeking federal jurisdiction, the burden is upon
defendant to establish diversity jurisdiction as of the date of
removal.

Sammie Bonner Constr. Co. v. W. Star Trucks Sales, Inc.,

330 F.3d 1308, 1310 (11th Cir. 2003); Williams v. Best Buy Co.,
269 F.3d 1316, 1319 (11th Cir. 2001).

Plaintiff alleges property

damages exceeding $75,000 on the face of the Complaint (Doc. #2).
Therefore, the Court is satisfied as to the amount in controversy.
Defendant alleges that plaintiff Capitol Preferred Insurance
Company is a corporation organized and existing under the laws of
the State of Florida.

(Doc. #1, ¶ 3.)

The attached Florida

Department of State, Division of Corporations, sheet provides that
plaintiff is a Florida Profit Corporation and that a “principal
address” is in Florida.
principal

address

is

the

Defendant does not allege that the
principal

place

of

business.

A

corporation is a citizen of both the state of its incorporation
and the state where it has its principal place of business.

28

U.S.C. § 1332(c)(1). The principal place of business is determined
by the “nerve center” test.
(2010).

Hertz Corp. v. Friend, 559 U.S. 77

Defendant does not adequately allege the citizenship of

plaintiff, however an opportunity to state the presence of federal
jurisdiction will be provided.

28 U.S.C. § 1653.

Accordingly, it is now
ORDERED:

2

Defendant shall show cause within SEVEN (7) DAYS of this Order
why the case should not be remanded for lack of subject-matter
jurisdiction.
DONE AND ORDERED at Fort Myers, Florida, this
February, 2014.

Copies:
Counsel of record

3

18th

day of