Levin et al v. Amica Mutual Insurance Company

Filing 17

ORDERED: Defendant Amica's request for jurisdictional discovery is GRANTED. Amica shall have up to and including December 16, 2022 to complete jurisdictional discovery limited to Plaintiffs' domicile at the time the Complaint was filed. Amica must further SUPPLEMENT its Notice of Removal on or before December 19, 2022 Signed by Judge Sheri Polster Chappell on 11/17/2022. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DAVID LEVIN and DENISE
LEVIN,
Plaintiffs,
v.

Case No.: 2:22-cv-687-SPC-KCD

AMICA MUTUAL INSURANCE
COMPANY,
Defendant.
/
ORDER1
Before the Court is Defendant Amica Mutual Insurance Company’s
Notice of Removal (Doc. 1), and Supplemental Notice of Removal with
Averments and Documents in Support of Plaintiffs’ State Citizenships (Doc.
15).

This is an insurance case that Amica removed based on diversity

jurisdiction.
A defendant may remove a case from state court if the federal court has
original jurisdiction.

28 U.S.C. § 1441(a).

Federal courts have original

jurisdiction over cases with complete diversity and an amount in controversy
over $75,000, exclusive of interest and costs. 28 U.S.C. § 1332(a).

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1

“The existence of federal jurisdiction is tested at the time of removal.”
Adventure Outdoors, Inc. v. Bloomberg, 552 F.3d 1290, 1294-95 (11th Cir.
2008); 28 U.S.C. § 1447(c). “A removing defendant bears the burden of proving
proper federal jurisdiction.” Leonard v. Enter. Rent a Car, 279 F.3d 967, 972
(11th Cir. 2002). Because federal courts have limited jurisdiction, they are
“obligated to inquire into subject matter jurisdiction sua sponte whenever it
may be lacking.” Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th
Cir. 1999). The Court may order jurisdictional discovery to determine if subject
matter jurisdiction exists “when a court’s jurisdiction is genuinely in dispute.”
Eaton v. Dorchester Dev., Inc., 692 F.2d 727, 729 n.7 (11th Cir. 1982). A
“jurisdictional question is genuinely in dispute [when] the court cannot resolve
the issue” without additional evidence.

Id.; Majd-Pour v. Georgiana

Community Hosp., Inc., 724 F.2d 901, 903 (11th Cir. 1984). When issuing
jurisdictional discovery, the Court has discretion with respect “to the form that
discovery will take.” Eaton, 692 F.2d at 729 n. 7.
Amica is a citizen of Rhode Island. (Doc. 1; Doc. 15). But the Court
remains uncertain about Plaintiffs’ citizenship. Amica’s most recent filing
alleges that Plaintiffs are citizens of Florida, or alternatively, of New
Hampshire.2 (Doc. 15). For the purposes of the current Complaint, either of

The Court ordered Amica to supplement it’s notice of removal twice now. Amica has fixed
the first issue, but a second issue still needs clarification.
2

2

Plaintiffs’ citizenships would provide complete diversity with Amica.

But

Plaintiffs can only have one domicile and the Court needs to know where that
is. See Comm’r of IRS v. Est. of Sanders, 834 F.3d 1269, 1279 (11th Cir. 2016)
(finding a person may have multiple residences simultaneously but only one
domicile at a time).
The Court thus finds that Amica has not met its burden of establishing
this Court’s subject matter jurisdiction over this action. The Court will grant
Amica’s request for jurisdictional discovery limited to Plaintiffs’ true place of
citizenship so this issue can be resolved.
Accordingly, it is now ORDERED:
1. Defendant Amica’s request for jurisdictional discovery is GRANTED.
Amica shall have up to and including December 16, 2022 to complete
jurisdictional discovery limited to Plaintiffs’ domicile at the time the
Complaint was filed.
2. Amica must further SUPPLEMENT its Notice of Removal on or
before December 19, 2022.
DONE and ORDERED in Fort Myers, Florida on November 17, 2022.

Copies: All Parties of Record

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