DELISO v. State Farm Mutual Automobile Insurance Company
| Florida Middle District Court | |
| Judge: | Kathryn Kimball Mizelle |
| Referred: | Lindsay S Griffin |
| Case #: | 8:25-cv-01152 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1446 Notice of Removal-Personal Injury |
| Case Filed: | May 05, 2025 |
| Last checked: Monday May 05, 2025 5:12 PM EDT |
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Defendant
State Farm Mutual Automobile Insurance Company
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Represented By
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Plaintiff
MARK ANGELO DELISO
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| Docket last updated: 12 hours ago |
| Monday, May 12, 2025 | ||
| 10 | 10
motion
Dismiss
Mon 05/12 4:23 PM
MOTION to Dismiss Federal Action and/or Motion to Remand by Mark Angelo Deliso.(Carapella, Leonard) |
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Att: 1
Exhibit COMPLAINT,
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Att: 2
Exhibit DEF NOA,
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Att: 3
Exhibit DEF ANSWER,
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Att: 4
Exhibit DEF REMOVAL
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| 9 | 9
notice
Notice of Lead Counsel Designation
Mon 05/12 4:10 PM
NOTICE of Lead Counsel Designation by Leonard Raymond Carapella on behalf of Mark Angelo Deliso. Lead Counsel: Leonard Carapella. (Carapella, Leonard) |
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| 8 | 8
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Mon 05/12 10:58 AM
CERTIFICATE of interested persons and corporate disclosure statement by State Farm Mutual Automobile Insurance Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Mutual Automobile Insurance Company. (Moussa, Marina) |
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| 7 | 7
notice
Notice of a Related Action
Mon 05/12 10:56 AM
NOTICE of a related action per Local Rule 1.07(c) by State Farm Mutual Automobile Insurance Company. Related case(s): Yes (Moussa, Marina) |
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| 6 | 6
notice
Notice of Lead Counsel Designation
Mon 05/12 10:55 AM
NOTICE of Lead Counsel Designation by Marina Moussa on behalf of State Farm Mutual Automobile Insurance Company. Lead Counsel: Marina Moussa. (Moussa, Marina) |
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| Tuesday, May 06, 2025 | ||
| 5 | 5
notice
Notice to Counsel of Local Rule
Tue 05/06 5:18 PM
NOTICE TO COUNSEL All counsel of record of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (MLB) |
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| 4 | 4
order
Order
Tue 05/06 4:57 PM
ENDORSED ORDER: A removing defendant has the burden of establishing subject-matter jurisdiction. See Leonard v. Enter. Rent a Car , 279 F.3d 967, 972 (11th Cir. 2002). For diversity jurisdiction to exist, the parties must be completely diverse in citizenship and the amount in controversy must exceed $75,000 exclusive of interests and costs. 28 U.S.C. § 1332(a). "Where, as here, the plaintiff has not pled a specific amount of damages, the removing defendant must prove by a preponderance of the evidence that the amount in controversy exceeds the jurisdictional requirement." Simring v. GreenSky, LLC , 29 F.4th 1262, 1266 (11th Cir. 2022) (quotation omitted). To meet this burden, the defendant cites the complaint's articulation of the plaintiff's injuries and the plaintiff's pre-suit demand of $100,000, which the defendant alleges is the policy limit. (Doc. 1 ) at 5-6; (Doc. [1-7]) at 2. These citations are insufficient to prove that "the amount in controversy more likely than not" exceeds $75,000. Pretka v. Kolter City Plaza II, Inc. , 608 F.3d 744, 752 (11th Cir. 2010). The pre-suit demand letter does not include any detail as to the plaintiff's damages and "presuit demand letters alone are [normally] not enough to establish amount in controversy." Gagnon v. Petsmart, Inc. , No. 220CV676FTM38MRM, 2020 WL 13356800, at *1 (M.D. Fla. Sept. 2, 2020). Further, without more, the plaintiff's allegations in the complaint are not sufficient to prove by a preponderance the necessary amount-in-controversy. See Williams v. Best Buy Co. , 269 F.3d 1316, 1320 (11th Cir. 2001) (concluding that it was not clear from the record that the jurisdictional requirement was satisfied even though the complaint demanded "general, special, and punitive damages for permanent physical and mental injuries, as well as substantial medical expenses, lost wages, and diminished earning capacity for an indefinite period of time"). Therefore, no later than May 20, 2025, the defendant must submit evidence demonstrating that the amount in controversy exceeds $75,000 exclusive of interests and costs. See Pretka , 608 F.3d at 772-73. Signed by Judge Kathryn Kimball Mizelle on 5/6/2025. (BTM) |
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| 3 | 3
order
Standing Order
Tue 05/06 10:32 AM
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after removal. Each party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 5/6/2025. (BTM) |
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| 2 | 2
utility
Case Assigned/Reassigned
Tue 05/06 9:47 AM
NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Lindsay S. Griffin. New case number: 8:25-cv-1152-KKM-LSG. (EVK) |
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| Monday, May 05, 2025 | ||
| 1 | 1
notice
Notice of Removal
Mon 05/05 4:02 PM
COMPLAINT and NOTICE OF REMOVAL from PINELLAS COUNTY CIRCUIT COURT, case number 2025CA001602 filed in State Court on 04/02/2025. Filing fee $405, receipt number AFLMDC-23323237 filed by State Farm Mutual Automobile Insurance Company.(Moussa, Marina) |
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Att: 1
State Court COMPLAINT,
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Att: 2
State Court ANSWER,
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Att: 3
State Court Docket Sheet,
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Att: 4
State Court Other Documents,
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Att: 5
Civil Cover Sheet,
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Att: 6
Exhibit,
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Att: 7
Exhibit
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