Filichia Insurance Agency, Inc. v. Blosser et al

Filing 13

ORDER: Order to Show Cause (Doc. 6) is DISCHARGED. This case is REMANDED to the Circuit Court of the Eighteenth Judicial Circuit, in and for Brevard County, Florida. Signed by Judge Roy B. Dalton, Jr. on 6/4/2014. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FILICHIA INSURANCE AGENCY, INC.,
Plaintiff,
v.

Case No. 6:14-cv-756-Orl-37KRS

MARK BLOSSER; and VIRGINIA
BLOSSER,
Defendants.
ORDER
This cause is before the Court on the following:
1.

Order to Show Cause (Doc. 6), filed May 20, 2014;

2.

Defendants’ Response to Order to Show Cause (Doc. 10), filed June 2,
2014; and

3.

Plaintiff’s Response to Order to Show Cause (Doc. 12), filed June 2, 2014.

Upon review of Defendants’ Notice of Removal, this Court ordered Defendants to
show cause why this case should not be remanded for want of subject matter jurisdiction,
due to an unsound amount in controversy calculation. (Doc. 6.) Defendants responded
that the Court should value the six counts in Plaintiff’s Complaint in excess of $15,000
each, despite the Court’s concerns that the Complaint only evinces the intent to plead in
excess of $15,000 total and that the injunctive relief counts were improperly valuated.
(Doc. 10.) Indeed, Plaintiff countered that it is not actually seeking more than $75,000.
(Doc. 12.)
The Court remains unconvinced by Defendants’ ill-supported amount in
controversy calculation, particularly in light of the Court’s own judicial experience and

Plaintiff’s acknowledgement that it is seeking less than the requisite amount. See Burns
v. Windsor Ins. Co., 31 F.3d 1092, 1095 (11th Cir. 1994) (noting that doubts about
jurisdiction are to be resolved in favor of remand). Therefore, this case is due to be
remanded for lack of diversity jurisdiction.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

Order to Show Cause (Doc. 6) is DISCHARGED.

2.

This case is REMANDED to the Circuit Court of the Eighteenth Judicial
Circuit, in and for Brevard County, Florida.

3.

The Clerk is DIRECTED to close this file.

DONE AND ORDERED in Chambers in Orlando, Florida, on June 4, 2014.

Copies:
Counsel of Record
Circuit Court of the Eighteenth Judicial Circuit, in and for Brevard County, Florida

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