Plaintiffs now move to remand this action. The notice of removal also states that Plaintiffs are citizens of the State of Florida and Defendant is a Delaware corporation with its principal place of business located in Atlanta, Georgia. Sinn’s Declaration states the estimated subsurface repair costs in the range between $72,400 and $80,900, and notes that this estimate does not include costs associated with cosmetic damages. Defendant’s notice of removal also includes the Declaration of George Sinn, an engineer at CFTL. Defendant’s notice of removal relies upon the JFK Report that Defendant received on October 25, 2013, as an “other paper” that establishes the amount in controversy. of 8 On November 25, 2013, Defendant removed the state-court action to this Court on the basis of diversity jurisdiction. This estimate does not include cosmetic damages. CFTL estimated the costs of the subsurface repairs recommended in the JFK Report in the range between $72,400 and $80,900. Defendant subsequently requested Central Florida Testing Laboratories (“CFTL”), a geotechnical engineering firm that specializes in sinkhole investigations, to review the specifications set forth in the JFK Report and estimate the cost for the proposed subsurface repairs.
The JFK Report does not include an estimate of the costs for the subsurface repairs. The JFK Report confirms sinkhole activity at the subject property and recommends subsurface repairs to the subject property. (the “JFK Report”) that Plaintiffs’ counsel had provided to the neutral evaluator, but had not previously provided to Defendant. On October 22, 2013, the neutral evaluation began, and on October 25, 2013, the neutral evaluator provided Defendant with a copy of a Peer Review from JFK & Associates, Inc. On August 13, 2013, Defendant invoked neutral evaluation pursuant to Florida law and the state court stayed the action pending the completion of the neutral evaluation. On July 24, 2013, Defendant was served with the complaint. After Defendant denied Plaintiffs’ claim, and prior to Plaintiffs filing their complaint, Plaintiffs did not provide Defendant with any report or demand regarding their damages.
Is gomez peer secure professional#
Terracon eliminated sinkhole activity as a cause of loss at the subject property within a reasonable professional probability. Defendant based its denial of the claim on a report prepared by Terracon Consultants, Inc. Plaintiffs filed suit after Defendant denied the reported sinkhole claim.
The complaint does not include any additional information regarding Plaintiffs’ damages. Plaintiffs’ complaint alleges damages in excess of $15,000. Specifically, Plaintiffs claim that their home sustained damages as a result of sinkhole activity. BACKGROUND On or about July 11, 2013, Plaintiffs Ramona Gomez and Lincoln Morel filed this lawsuit against Defendant American Security Insurance Company in the Circuit Court of the Thirteenth Judicial Circuit, in and for Hillsborough County, Florida, for breach of an insurance policy. The Court, having reviewed the motion, response, and being otherwise advised in the premises, concludes that the motion should be denied. 12) and Defendant’s Response in Opposition (Dkt. _/ ORDER THIS CAUSE comes before the Court upon Plaintiffs’ Motion to Remand (Dkt. 8:13-cv-2988-T-30AEP AMERICAN SECURITY INSURANCE COMPANY, Defendant. 14 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION RAMONA GOMEZ and LINCOLN MOREL, Plaintiffs, v.