Michael et al v. National Specialty Insurance Company

Filing 13

ORDER re 1 Notice of Removal filed by National Specialty Insurance Company. On or before June 19, 2024, Defendant must SUPPLEMENT its notice of removal consistent with this Order. Failure to do so will result in remand without further notice. Signed by Judge Sheri Polster Chappell on 6/4/2024. (LF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GREGORY M MICHAEL and
PAMELA S MICHAEL,
Plaintiffs,
v.

Case No.: 2:24-cv-516-SPC-KCD

NATIONAL SPECIALTY
INSURANCE COMPANY,
Defendant.
/
ORDER
Before the Court is Defendant National Specialty Insurance Company’s
Notice of Removal. (Doc. 1). Plaintiffs brought this breach of contract action
in state court, and Defendant removed to federal court, invoking diversity
jurisdiction.
A defendant may remove a civil action from state court if the federal
court has original jurisdiction. See 28 U.S.C. § 1441(a). “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). And 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).
Federal courts have diversity jurisdiction over civil actions where there
is complete diversity of citizenship between the parties and the amount in
controversy exceeds $75,000, exclusive of interest and costs. See 28 U.S.C.
§ 1332(a). Here, the Court has concerns about the amount in controversy.
The amount in controversy is unclear. Because the complaint alleges
only the state-court jurisdictional amount, Defendant relies on Plaintiffs’
Notice of Intent to Initiate Litigation (“NOI”) to show the amount in
controversy exceeds $75,000.

The NOI provides a $208,001.00 damages

estimate. (Doc. 1-3 at 2). But it provides nothing to support this figure.
Without specific details or supporting documents, the NOI does not prove the
amount in controversy by a preponderance of the evidence. See, e.g., Finnecy
v. Scottsdale Ins. Co., No. 2:23-CV-1067-SPC-KCD, 2023 WL 9110867, at *1
(M.D. Fla. Dec. 21, 2023). Defendant must produce more to show the amount
in controversy exceeds $75,000.
Accordingly, it is now
ORDERED:
On or before June 19, 2024, Defendant must SUPPLEMENT its notice
of removal consistent with this Order.
remand without further notice.
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Failure to do so will result in

DONE and ORDERED in Fort Myers, Florida on June 4, 2024.

Copies: All Parties of Record

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