Glennon v. Petsmart, Inc.
ORDER ATTACHED denying 4 Motion to Remand to State Court. Signed by Judge Richard A. Lazzara on 4/21/2015. (CCB)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
CASE NO: 8:15-cv-919-T-26AEP
UPON DUE AND CAREFUL CONSIDERATION, it is ordered and adjudged that the
Plaintiff’s Motion to Remand for Lack of Jurisdiction (Dkt. 4) is denied based on the very recent
authority of Gillinov v. Hillstone Rest. Group, Inc., No. 15-80015-CIV, 2015 WL 1285361 (S.D.
Fla. Mar. 20, 2015). As in Gillinov, the Plaintiff’s counsel’s six-page pre-suit settlement letter
attached to the Defendant’s Notice and Petition for Removal (Dkt. 1), in which counsel demands
the payment of the policy limits of the Defendant’s liability insurance coverage of $500,000.00,
“is exceptionally detailed” with regard to the Defendant’s liability and the extent of the Plaintiff’s
past and future damages. Thus, this demand letter can hardly be characterized as “puffing or
posturing” but instead provides specific information supporting the Plaintiff’s claim for damages.
See Short v. State Farm Mut. Auto. Ins. Co., No. 6:13-cv-839-Orl-28, 2013 WL 5550789, at *2
(M.D. Fla. Sept. 25, 2013). Accordingly, the Defendant has more than established by a
preponderance of the evidence based on the facts and the amount of damages alleged in the
demand letter that the amount in controversy exceeds the sum of $75,000.00, which is the
monetary threshold for this Court’s diversity jurisdiction. Id.
DONE AND ORDERED at Tampa, Florida, on April 21, 2015.
s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:
Counsel of Record
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?