Meiser v. Gegwetch et al, No. 2:2021cv00852 - Document 12 (M.D. Fla. 2021)

Court Description: ORDERED: This action is REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk of Court is DIRECTED to transmit a certified copy of this Opinion and Order to the Clerk of that Court. The Clerk is DIRECTED to terminate any pending motions or deadlines and close the case. Signed by Judge Sheri Polster Chappell on 11/24/2021. (AEH)

Download PDF
Meiser v. Gegwetch et al Doc. 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION RICHARD MEISER, Plaintiff, v. Case No.: 2:21-cv-852-SPC-MRM DEAN J GEGWETCH and TRADITION TRANSPORTATION COMPANY, LLC, Defendants. / ORDER1 Before the Court is Defendants’ Supplement to Notice of Removal. (Doc. 11). On November 17, 2021, the Court directed Defendants to supplement their Notice of Removal by identifying the LLC members’ domicile and to provide additional information on the amount in controversy to show cause why this case should not be remanded for lack of subject-matter jurisdiction. (Doc. 7). The Court warned Defendants that failure to do so will result in remand without further notice. (Doc. 7 at 5). Defendants’ Supplement does Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. 1 Dockets.Justia.com not identify the LLC members’ domicile, merely stating they are residents of Indiana (Doc. 11 at 3), which is insufficient. See Molinos Valle Del Cibao, C. por A. v. Lama, 633 F.3d 1330, 1341 (11th Cir. 2011). Consequently, the Court cannot determine that diversity of citizenship is present and will remand this case for lack of subject-matter jurisdiction. Accordingly, it is now ORDERED: 1. This action is REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida. 2. The Clerk of Court is DIRECTED to transmit a certified copy of this Opinion and Order to the Clerk of that Court. 3. The Clerk is DIRECTED to terminate any pending motions or deadlines and close the case. DONE and ORDERED in Fort Myers, Florida on November 24, 2021. Copies: All Parties of Record 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.