Lawrence v. Ace American Insurance Company
ORDER ATTACHED denying 12 Motion to Remand to State Court; and denying as moot 13 Motion for Extension of Time to File Response. Signed by Judge Richard A. Lazzara on 4/10/2018. (CCB)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
CASE NO. 8:18-cv-738-T-26TGW
ACE AMERICAN INSURANCE
UPON DUE AND CAREFUL CONSIDERATION of the procedural history of
this case, together with the Plaintiff’s submissions, it is ORDERED AND ADJUDGED
that Plaintiff’s Motion for Remand (Dkt. 12) is denied. It is well-settled that a federal
court has an “unflagging obligation” to exercise the jurisdiction conferred on it, “and this
case presents nothing so extraordinary as to eviscerate that obligation.” Jackson-Platts v.
Gen. Electric Capital Corp., 727 F.3d 1127, 1131 (11th Cir. 2013). Additionally, in light
of this “unflagging obligation” to exercise the jurisdiction conferred on this Court, the
Court is only authorized to defer to a parallel state court proceedings under limited and
exceptional circumstances, none of which are present in this case. See Moorer v.
Demopolis Waterworks and Sewer Bd., 374 F.3d 994, 997 (11th Cir. 2004). Furthermore,
this Court is more than familiar with the principles of Florida law governing a Coblentz1
agreement which is at the core of this removed case. See Culbreath Isles Prop. Owners
Ass’n, Inc. v. Travelers Cas. & Sur. Co. of Am., 151 F.Supp.3d 1282 (M.D. Fla. 2015),
aff’d, 841 F.3d 1197 (11th Cir. 2016).
Plaintiff’s Unopposed Motion for Extension of Time to File Response to Motion to
Dismiss (Dkt. 13) is denied as moot. Plaintiff shall file a response to Defendant’s Motion
to Dismiss within the time frame imposed by Local Rule 3.01(b).
DONE AND ORDERED at Tampa, Florida, on April 10, 2018.
s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:
Counsel of Record
See Coblentz v. American Sur. Co., 416 F.2d 1059 (5th Cir. 1969).
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?