Tampa Electric Company v. The Travelers Indemnity Company of America et al
Filing
23
ORDER: Plaintiff Tampa Electric Company's Motion to Stay Consideration of or, in the alternative, Extend Plaintiff's Deadline to Respond to, Defendant Pipeline Distribution, Inc.'s Motion to Dismiss (Doc. # 12 ) is GRANTED to the extent that the deadline for TECO to respond to the Motion to Dismiss is extended until 14 days after the Court has entered its ruling on the Motion to Remand. Signed by Judge Virginia M. Hernandez Covington on 8/7/2017. (KAK)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TAMPA ELECTRIC COMPANY,
Plaintiff,
v.
Case No. 8:17-cv-1705-T-33AAS
THE TRAVELERS INDEMNITY
COMPANY OF AMERICA and
PIPELINE DISTRIBUTION, INC.,
Defendants.
_____________________________/
ORDER
This cause comes before the Court pursuant to Plaintiff
Tampa Electric Company’s Motion to Stay Consideration of or,
in the alternative, Extend Plaintiff’s Deadline to Respond
to,
Defendant
Pipeline
Distribution,
Inc.’s
Motion
to
Dismiss, which was filed on June 28, 2017. (Doc. # 12). For
the reasons that follow, the Motion is granted to the extent
that Plaintiff’s deadline to respond to the Motion to Dismiss
is extended until 14 days after the Court rules on the pending
Motion to Remand.
I.
Background
On January 10, 2010, Tampa Electric Company contracted
with Pipeline Distribution, Inc. to relocate underground gas
lines.
(Doc.
Distribution
#
1
with
at
3).
Travelers
insurance
that
provided
Pipeline
covered
Pipeline
Distribution’s contract with TECO. (Doc. # 2 Ex. 1). Then, on
June 12, 2016, TECO filed a complaint in state court against
Pipeline Distribution and Travelers for breach of contract.
(Doc. # 2).
On July 17, 2017, Pipeline Distribution filed a motion
to dismiss the complaint. (Doc. # 3). Later that same day,
Pipeline Distribution and Travelers removed the case to this
Court pursuant to diversity jurisdiction under 28 U.S.C. §
1446(a). (Doc. # 1 at 1). TECO contests federal jurisdiction
based on a lack of complete diversity and moved to remand the
action to state court. (Doc. # 10 at 15). TECO now seeks an
Order staying the Motion to Dismiss, or extending TECO’s
deadline to respond to the Motion to Dismiss, until the Motion
to Remand has been decided. (Doc. # 12). In the Local Rule
3.01(g)
opposed.
certificate,
TECO
explains
that
the
Motion
is
As explained below, the Court nevertheless grants
the Motion in an effort to conserve the parties’ and the
Court’s resources.
II. Discussion
“The requirement that Jurisdiction be established as a
threshold matter ‘spring[s] from the nature and limits of the
judicial power of the United States’ and is ‘inflexible and
without exception.’” Steel Co. v. Citizens for a Better Env’t,
2
523 U.S. 83, 94 (1998)(quoting Mansfield, C. & L.M. Ry. Co.
v. Swan, 111 U.S. 379, 382 (1884)). “Without jurisdiction,
the court cannot proceed at all in any cause. Jurisdiction is
power to declare law, and when it ceases to exist, the only
function remaining to the court is that of announcing the
fact
and
dismissing
the
cause.”
Id.
(quoting
Ex
Parte
McCardle, 74 U.S. 506, 514 (1868)). Challenges to subject
matter jurisdiction, premised upon diversity of citizenship,
are measured by the state of things at the time the action is
initially brought. Grupo Dataflux v. Atlas Global Group,
L.P., 541 U.S. 567, 570–71 (2004)(quoting Mollan v. Torrance,
22 U.S. 537, 537 (1824)).
Here, the jurisdictional issue raised in the Motion to
Remand
must
be
squarely
addressed
before
the
undertake any analysis of the Motion to Dismiss.
Court
may
The Court
determines that it is appropriate to extend the deadline for
TECO to respond to the Motion to Dismiss until 14 days after
the Court has entered its ruling on the Motion to Remand.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Plaintiff
Tampa
Electric
Company’s
Motion
to
Stay
Consideration of or, in the alternative, Extend Plaintiff’s
Deadline to Respond to, Defendant Pipeline Distribution,
3
Inc.’s Motion to Dismiss (Doc. # 12) is GRANTED to the extent
that the deadline for TECO to respond to the Motion to Dismiss
is extended until 14 days after the Court has entered its
ruling on the Motion to Remand.
DONE and ORDERED in Chambers, in Tampa, Florida, this
7th day of August, 2017.
4
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