Progressive Express Insurance Company v. PS&O Transport, LLC, 3:18-cv-463-J-32MCR. (2018)
Court: District Court, M.D. Florida
Number: infdco20180614887
Visitors: 9
Filed: Jun. 13, 2018
Latest Update: Jun. 13, 2018
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This declaratory judgment action is before the Court on Defendant Alby Grissom's Motion to Dismiss Complaint for Declaratory Judgment (Doc. 5), to which Plaintiff Progressive Express Insurance Company has responded (Doc. 7). 1 Grissom argues that the Court lacks subject matter jurisdiction because the amount in controversy does not exceed $75,000, as required by the diversity jurisdiction statute, 28 U.S.C. 1332. Grissom states that the medic
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This declaratory judgment action is before the Court on Defendant Alby Grissom's Motion to Dismiss Complaint for Declaratory Judgment (Doc. 5), to which Plaintiff Progressive Express Insurance Company has responded (Doc. 7). 1 Grissom argues that the Court lacks subject matter jurisdiction because the amount in controversy does not exceed $75,000, as required by the diversity jurisdiction statute, 28 U.S.C. 1332. Grissom states that the medica..
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ORDER
TIMOTHY J. CORRIGAN, District Judge.
This declaratory judgment action is before the Court on Defendant Alby Grissom's Motion to Dismiss Complaint for Declaratory Judgment (Doc. 5), to which Plaintiff Progressive Express Insurance Company has responded (Doc. 7).1 Grissom argues that the Court lacks subject matter jurisdiction because the amount in controversy does not exceed $75,000, as required by the diversity jurisdiction statute, 28 U.S.C. § 1332. Grissom states that the medical bills to date in the underlying personal injury case giving rise to the action before this Court equal $31,777.48, and that as a result, this case is due to be dismissed. (Doc. 5 at 2). Progressive responds that in light of Grissom's assertion that his damages do not exceed $75,000, it concedes that the Court lacks subject matter jurisdiction and this case should be dismissed. (Doc. 7).
Accordingly, it is hereby
ORDERED:
1. Defendant Alby Grissom's Motion to Dismiss Complaint for Declaratory Judgment (Doc. 5) is GRANTED.
2. This case is DISMISSED without prejudice for lack of subject matter jurisdiction.
3. Plaintiff shall send Defendant PS&O Transport, LLC a copy of this Order.
4. The Clerk shall close the file.
DONE AND ORDERED.
FootNotes
1. Defendant PS&O Transport, LLC has been served (Doc. 6), but has yet to appear in this action.
Source: Leagle
