Cargill v. Hartford Insurance Company of the Midwest

Filing 11

ORDER ATTACHED denying without prejudice 9 Motion to Remand to State Court and directing parties to confer. Signed by Judge Richard A. Lazzara on 4/21/2010. (CCB)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ETHEL CARGILL, v. Plaintiff, CASE NO: 8:10-cv-807-T-26TGW

HARTFORD INSURANCE COMPANY OF THE MIDWEST, Defendant. / ORDER
Upon due consideration, it is ordered and adjudged that Plaintiff's Motion for Remand (Dkt. 9) is denied without prejudice for failure to comply with the requirements of Local Rule 3.01(g). Counsel for the parties shall confer personally on or before April 23, 2010, in a good faith effort to resolve the issue raised by the motion without court intervention. In the event counsel cannot agree and Plaintiff refiles the motion, Defendant shall file its response within the time fixed by Local Rule 3.01(b). In the response, Defendant's counsel shall address the issue of why he waited more than thirty (30) days to remove the case after service on Defendant,1 which counsel acknowledges in the Notice of Removal was on February 2, 2010, when Defendant was on notice that the amount in controversy was in excess of $75,000.00 even prior to Plaintiff filing her lawsuit in state court, which counsel also acknowledges in the Notice of Removal.

DONE AND ORDERED at Tampa, Florida, on April 21, 2010.

s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:

Counsel of Record

1

See 28 U.S.C. § 1446(b).