Merz v. Wolfe

Filing 3

ORDER regarding lack of subject matter jurisdiction. Plaintiff may file an amended complaint by May 23, 2011. Failure to do so will result in the Court dismissing the case without prejudice for lack of subject matter jurisdiction. Signed by Judge Virginia M. Hernandez Covington on 5/9/2011. (CR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
HOWARD MERZ,
Plaintiff,
v.

CASE NO:

8:11-cv-953-T-33EAJ

JAMES WOLFE,
Defendant.
_______________________________/
ORDER
This cause comes before the Court sua sponte.

On April

29, 2011, Plaintiff filed his Complaint alleging diversity
jurisdiction (Doc. # 1). The Complaint, however, alleges only
"damages that exceed $15,000.00," which does not satisfy the
amount in controversy necessary to establish subject matter
jurisdiction.

28 U.S.C. § 1332(a).

Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Plaintiff may file an amended complaint by May 23, 2011.
Failure to do so will result in the Court dismissing the case
without prejudice for lack of subject matter jurisdiction.
See Beavers v. A.O. Smith Elec. Products Co., 265 Fed. App'x
772, 779 (11th Cir. 2008)(When a court discovers that it lacks
jurisdiction, the court must dismiss the action pursuant to
Fed. R. Civ. P. 12(h)(3)).

DONE and ORDERED in Chambers in Tampa, Florida, this 9th
day of May, 2011.

Copies:
All Counsel of Record

2