Anderson v. USAA CIC

Florida Middle District Court
Judge:Virginia M Hernandez Cov
Referred: Sean P Flynn
Case #: 8:25-cv-00198
Nature of Suit350 Torts - Personal Injury - Motor Vehicle
Cause28:1332 Diversity-Notice of Removal
Case Filed:Jan 24, 2025
Last checked: Friday Jan 24, 2025 5:05 PM EST
Defendant
USAA CIC
Represented By
Jeffrey W. Kirsheman
Fisher Rushmer, P.A.
contact info
Plaintiff
Michael Anderson


Docket last updated: 02/04/2025 11:59 PM EST
Tuesday, February 04, 2025
16 16 order Order Tue 02/04 5:22 PM
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by February 18, 2025, file a completed uniform Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 2/4/2025. (MG)
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15 15 misc Supplement Tue 02/04 2:15 PM
SUPPLEMENT re 10 Order To Notice of Removal and Incorported Memorandum of Law by USAA Casualty Insurance Company.(Kirsheman, Jeffrey)
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Att: 1 Exhibit A
Wednesday, January 29, 2025
14 14 notice Notice to Counsel of Local Rule Wed 01/29 10:40 AM
NOTICE TO COUNSEL Jeffrey W. Kirsheman of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (JKB)
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Tuesday, January 28, 2025
13 13 misc Certificate of Interested Persons and Corporate Disclosure Statement Tue 01/28 2:43 PM
CERTIFICATE of interested persons and corporate disclosure statement re 9 Notice to Counsel of Local Rule, by USAA Casualty Insurance Company identifying Corporate Parent USAA Casualty Insurance Company for USAA Casualty Insurance Company. (Kirsheman, Jeffrey)
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12 12 notice Notice of a Related Action Tue 01/28 2:39 PM
NOTICE of a related action per Local Rule 1.07(c) by USAA Casualty Insurance Company. Related case(s): Yes (Kirsheman, Jeffrey)
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11 11 notice Notice of Lead Counsel Designation Tue 01/28 2:37 PM
NOTICE of Lead Counsel Designation by Jeffrey W. Kirsheman on behalf of USAA Casualty Insurance Company. Lead Counsel: Jeffrey Kirsheman. (Kirsheman, Jeffrey)
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10 10 order Order Tue 01/28 1:30 PM
ENDORSED ORDER: On January 24, 2025, Defendant USAA Casualty Insurance Company removed this case from state court on the basis of diversity jurisdiction. (Doc. # 1 ). The Complaint does not specify the amount of damages sought, and states only that it is "an action for damages in excess of fifty thousand dollars." (Doc. # 1 -1 at 1). When "damages are unspecified, the removing party bears the burden of establishing the jurisdictional amount by a preponderance of the evidence." Lowery v. Ala. Power Co., 483 F.3d 1184, 1208 (11th Cir. 2007). Moreover, "[a] court's analysis of the amount-in-controversy requirement focuses on how much is in controversy at the time of removal." Pretka v. Kolter City Plaza II, Inc., 608 F.3d 744, 751 (11th Cir. 2010). Defendant relies on Plaintiff's demand for the entire $900,000 policy limits, and Plaintiff's Civil Remedy Notice seeking the same, to establish that the amount in controversy exceeds the $75,000 jurisdictional threshold. (Doc. # 1 at 6-7). However, civil remedy notices which "appear to be puffing and posturing" are "generally unhelpful in the Court's amount in controversy analysis." Dimasi v. USAA Gen. Indem. Co., No. 8:23-CV-2265-VMC-TGW, 2023 WL 6873351, at *2 (M.D. Fla. Oct. 18, 2023); see also Jeffers v. State Farm Mut. Auto. Ins. Co., No. 3:09-cv-1097-MMH-JBT, 2010 WL 11623391, at *4 (M.D. Fla. July 19, 2010) ("[W]hatever impact the Civil Remedy Notice, as a precursor to a bad-faith-failure-to-settle claim, may have on future litigation, it says nothing, in that capacity at least, as to the amount in controversy, at the time of removal, of the present action."); Green v. Travelers Indem. Co., No. 3:11-cv-922-RBD-TEM, 2011 WL 4947499, at *3 (M.D. Fla. Oct. 18, 2011) ("Civil Remedy Notices say nothing about the amount in controversy. They are precursors to bad-faith-failure-to-settle claims that may be brought against an insurer in the future."). A baseless request for the full policy limits is mere puffing and posturing, which is not sufficient for the Court to determine whether amount in controversy is met. Instead, Defendant must demonstrate that the damages at the time of removal exceeded $75,000 with documents showing concrete damages, such as a list of medical bills. Accordingly, by February 4, 2025, Defendant is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met. Signed by Judge Virginia M. Hernandez Covington on 1/28/2025. (MG)
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9 9 notice Notice to Counsel of Local Rule Tue 01/28 12:02 PM
NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (MEJ)
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8 8 notice Notice to Counsel of Local Rule Tue 01/28 12:01 PM
NOTICE of Local Rule 1.07(c), which requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. (Signed by Deputy Clerk). (MEJ)
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7 7 notice Notice to Counsel of Local Rule Tue 01/28 12:00 PM
NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge . (Signed by Deputy Clerk). (MEJ)
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6 6 order Order Tue 01/28 11:59 AM
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 1/28/2025. (MEJ)
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5 5 notice Notice to Counsel of Local Rule Tue 01/28 11:58 AM
NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (MEJ)
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4 4 motion Dismiss Tue 01/28 9:51 AM
MOTION to Dismiss Count II by USAA Casualty Insurance Company. (Kidd, Amanda)
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3 3 notice Notice of appearance Tue 01/28 9:43 AM
NOTICE of Limited Appearance by Amanda L. Kidd on behalf of USAA Casualty Insurance Company (Kidd, Amanda)
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Monday, January 27, 2025
2 2 utility Case Assigned/Reassigned Mon 01/27 12:00 PM
NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:25-cv-198-VMC-SPF. (RPB)
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Friday, January 24, 2025
1 1 notice Notice of Removal Fri 01/24 3:44 PM
COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Circuit Court, case number 24-CA-010322 filed in State Court on 12/30/2024. Filing fee $405, receipt number AFLMDC-22948108 filed by USAA CIC.(Kirsheman, Jeffrey)
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Att: 1 State Court COMPLAINT,
Att: 2 State Court ANSWER,
Att: 3 State Court Docket Sheet,
Att: 4 State Court Other Documents,
Att: 5 Civil Cover Sheet