Gagnon v. Petsmart, Inc.

Filing 10

ORDERED: The Court will take NO FURTHER ACTION on its Order to Show Cause (Doc. #8). Signed by Judge Sheri Polster Chappell on 9/10/2020. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THERESA GAGNON,
Plaintiff,
v.

Case No.: 2:20-cv-676-FtM-38MRM

PETSMART, INC.,
Defendant.
/
ORDER1
Before the Court is Defendant’s response and supplement (Doc. 9) to the Court’s
Order to Show Cause (Doc. 8). The Court ordered Defendant to show cause why the
case should not be remanded for lack of subject-matter jurisdiction. Specifically, the
Notice of Removal (Doc. 1) established neither Plaintiff’s citizenship nor amount in
controversy over $75,000. In its supplement, Defendant provides evidence of Plaintiff’s
Florida driver’s license and voter registration—showing she is a Florida citizen. E.g., 13E
Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 3612 (3d ed.
2020).

Moreover, Defendant explains the amount in controversy with a letter from

Plaintiff’s doctor—detailing future medical expenses that Plaintiff will incur even in a bestcase scenario. An average estimate of those expenses, taken together with the past
medical expenses, alone exceed the jurisdictional minimum. So at this time, the Court is
satisfied the amount in controversy “more likely than not exceeds” $75,000. Roe v.

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Michelin N. Am., Inc., 613 F.3d 1058, 1061 (11th Cir. 2010) (citation omitted). And the
Court will take no further action on its Order.
Accordingly, it is now
ORDERED:
The Court will take NO FURTHER ACTION on its Order to Show Cause (Doc. 8).
DONE and ORDERED in Fort Myers, Florida this 10th day of September, 2020.

Copies: All Parties of Record

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