Dalrymple v. One World Technologies, Inc. et al

Filing 9

ORDER discharging Order to Show Cause Signed by Judge Roy B. Dalton, Jr. on 10/24/2016. (VMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION CHRIS DALRYMPLE, Plaintiff, v. Case No. 5:16-cv-608-Oc-37PRL ONE WORLD TECHOLOGIES, INC; and HOME DEPOT U.S.A., INC., Defendants. ORDER This cause is before the Court on the following: 1. The Court’s Order to Show Cause (Doc. 7), filed October 12, 2016; and 2. Defendants’ Response to Order to Show Cause (Doc. 8), filed October 20, 2016. Defendants removed the instant product liability action to this Court on October 6, 2016, invoking the Court’s diversity jurisdiction under 28 U.S.C. § 1332. (Doc. 1 (“Notice of Removal”).) Because the Notice of Removal contained deficient allegations with respect to the citizenship of each party and the amount in controversy, the Court ordered Defendants to show cause by written response why the action should not be remanded for lack of subject matter jurisdiction. (Doc. 7 (“OTSC”).) Defendants responded to the OTSC on October 20, 2016. (Doc. 8 (“Response”).) Upon consideration, the Court finds that the Response and the attachments thereto sufficiently establish that there is complete diversity of citizenship. Additionally, the Court accepts Plaintiff’s stipulation that he is seeking more than $75,000 in damages. (See Doc. 8-1.) Based on the foregoing, the Court is satisfied that it has subject matter jurisdiction over this action. Accordingly, it is hereby ORDERED AND ADJUDGED that the Court’s Order to Show Cause (Doc. 7) is DISCHARGED. DONE AND ORDERED in Chambers in Orlando, Florida, on October 24, 2016. Copies: Counsel of Record 2

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