Garcia v. Clinicare Medical Centers et al
ORDER Requiring Amended Complaint, ( Amended Complaint due by 12/3/2021.) Signed by Judge Robert N. Scola, Jr on 11/19/2021. See attached document for full details. (kpe)
United States District Court
Southern District of Florida
Filomena K. Garcia, Plaintiff,
Mount Sanai Medical Centers and
) Civil Action No. 21-24063-Civ-Scola
Order Requiring Amended Complaint
Federal courts are obligated to conduct a preliminary examination of the
record to determine that jurisdiction exists. Kelly v. Harris, 331 F.3d 817, 819
(11th Cir. 2003). In reviewing the record, the Court is uncertain whether it has
subject-matter jurisdiction over this action.
Plaintiff Filomena K. Garcia, proceeding pro se, seeks relief against
Defendants Clinicare Medical Centers, Mount Sinai Medical Center, and
Baptist Health South Florida for assault, negligence, and malpractice. (Compl.
1.) Since these are all state claims, the Court infers Garcia is attempting to
proceed in this Court on the basis of the Court’s diversity jurisdiction. But, a
party seeking to invoke a federal court’s diversity jurisdiction must allege facts
that show that federal-subject-matter jurisdiction exists. Travaglio v. Am.
Express Co., 735 F.3d 1266, 1268 (11th Cir. 2013). “Those allegations, when
federal jurisdiction is invoked based upon diversity, must include the
citizenship of each party, so that the court is satisfied that no plaintiff is a
citizen of the same state as any defendant.” Id. Here, however, Garcia has not
provided any allegations whatsoever regarding either her or the three entity
Accordingly, the Court is unable to ascertain whether complete diversity
exists—or whether the Court might have jurisdiction on some other basis. In
order to proceed with her case, Garcia must file an amended complaint which
adequately alleges federal-subject-matter jurisdiction by December 3, 2021. If
she fails to file an amended complaint by that date or the amended complaint
fails to provide the facts necessary to establish jurisdiction, this Court may
dismiss this case without prejudice.
Done and ordered, at Miami, Florida, on November 19, 2021.
Robert N. Scola, Jr.
United States District Judge
Copy, via U.S. mail, to:
Filomena K. Garcia
1590 Michigan Ave
Miami Beach, FL 33139
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