CAVANAGH
v.
AUTO CLUB INSURANCE COMPANY OF FLORIDA
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Linda Cavanagh filed a federal breach of contract action against Auto Club Insurance Company of Florida and FEMA regarding property damage from Hurricane Ian. The district court dismissed the complaint for lack of subject matter jurisdiction because Plaintiff failed to establish a proper basis for federal court jurisdiction.
The court dismissed the complaint without prejudice for lack of subject matter jurisdiction because the plaintiff failed to meet her burden of establishing a proper jurisdictional basis. The court permits the plaintiff to file an amended complaint by February 3, 2024, to cure the jurisdictional defect.
[1] Federal courts have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.
[2] A plaintiff must plead facts to support federal subject matter jurisdiction.
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Join FLexlaw to unlock all legal intelligencePlaintiff Linda Cavanagh suffered property damage due to Hurricane Ian and filed a breach of contract complaint in federal court. The complaint allege…
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Before the Court is Plaintiff Linda Cavanagh's Complaint. (Doc. 1). This is a breach of contract action involving property damage that occurred because of Hurricane Ian.
Federal courts are courts of limited jurisdiction and have “an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v. Y.H. Corp., 546 U.S. 500, 514 (2006) (citing Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999)).
Plaintiff does not state the basis for the Court's jurisdiction. In fact, the Complaint reads as though Plaintiff intended to file it in state court since the Complaint alleges “more than $50,000” in controversy. (Doc. 1 at 1). If
Plaintiff intended to invoke this Court's jurisdiction under 42 U.S.C. § 4072, Plaintiff has not properly done so because she has not pled the facts to support such jurisdiction.¹
The Court finds that Plaintiff has not met her burden of establishing this Court's subject matter jurisdiction over this action.
Accordingly, it is now
ORDERED:
1. Plaintiff Cavanagh's Complaint (Doc. 1) is DISMISSED without prejudice for lack of subject matter jurisdiction.
2. Plaintiff may file an amended complaint on or before February 3, 2024. Failure to do so will cause the Court to close this case without further notice.
DONE and ORDERED in Fort Myers, Florida on January 12, 2024.
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
¹ The Court presumes this was Plaintiffs intent due to the Complaint's reference to “loss caused by flood" and because Plaintiff has not pled any of the conditions for diversity jurisdiction under 28 U.S.C. § 1332. The Complaint states that the amount in controversy is "more than $50,000” and does not properly allege the citizenship of Plaintiff nor Defendants. (Doc. 1).
2