Baker v. Clear Blue Insurance Company

Florida Middle District Court
Judge:Kathryn Kimball Mizelle
Referred: Thomas G Wilson
Case #: 8:25-cv-01060
Nature of Suit110 Contract - Insurance
Cause28:1446 Breach of Contract- Insurance
Case Filed:Apr 28, 2025
Case in other court:12TH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY FL, 412025CA000424CAAXMA
Last checked: Monday Apr 28, 2025 2:06 PM EDT
Defendant
Clear Blue Insurance Company
Cambo Ferry, PLLC 630 S. Maitland Ave, Ste 220
Maitland, FL 32751
Represented By
Cristina Pilar Cambo
Cambo Ferry, PLLC
contact info
Plaintiff
Denise Baker
M.S.P.G. LAW GROUP, PA 770 Ponce de Leon Blvd., Suite 101
Coral Gables,, FL 33134


Docket last updated: 05/05/2025 11:59 PM EDT
Monday, May 05, 2025
12 12 answer Answer to Complaint Mon 05/05 3:51 PM
ANSWER and affirmative defenses to Complaint with Jury Demand by Clear Blue Insurance Company.(Cambo, Cristina)
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11 11 notice Notice (Other) Mon 05/05 3:49 PM
NOTICE by Clear Blue Insurance Company DEFENDANT'S NOTICE OF FILING AND SUPPLEMENTAL MEMORANDUM IN SUPPORT OF NOTICE OF REMOVAL(Cambo, Cristina)
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Att: 1 Exhibit
Tuesday, April 29, 2025
10 10 order Order Tue 04/29 2:27 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). In the Notice of Removal, the defendant claims that complete diversity exists between the parties, (Doc. 1 ) at 2-3, but fails to meet its burden. First, as a corporation, the defendant is a citizen "of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business." 28 U.S.C. § 1332(c)(1). The notice of removal, though, identifies only that the defendant is incorporated in Texas. (Doc. 1 ) at 2. Second, the defendant alleges that the plaintiff is a Florida citizen because "the Manatee County Property Records confirm that the subject property has been [the plaintiff's] residence since 2003." Id. at 3. But the defendant fails to attach any evidentiary support for this allegation, or any other evidence indicative of the plaintiff's domicile. See McCormick v. Aderholt , 293 F.3d 1254, 1257-58 (11th Cir. 2002). Finally, for the purposes of establishing the requisite amount-in-controversy, the defendant relies on the plaintiff's "Property Insurance Notice of Intent to Initiate Litigation." (Doc. 1 ) at 4. The defendant, though, did not attach this document to the notice of removal. Therefore, no later than May 13, 2025, the defendant is directed to remedy these deficiencies and explain why this Court has subject-matter jurisdiction. Signed by Judge Kathryn Kimball Mizelle on 4/29/2025. (BTM)
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9 9 order Standing Order Tue 04/29 9:25 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 4/29/2025. (BTM)
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8 8 notice Notice to Counsel of Local Rule Tue 04/29 9:09 AM
NOTICE TO COUNSEL Leo A. Manzanilla 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). (JVC)
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Monday, April 28, 2025
7 7 order Standing Order Tue 04/29 9:01 AM
STANDING ORDER regarding Discovery Motions. Signed by Magistrate Judge Thomas G. Wilson on 4/28/2025. (KMN)
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6 6 utility Case Assigned/Reassigned Mon 04/28 4:38 PM
NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Thomas G. Wilson. New case number: 8:25-cv-1060-KKM-TGW. (EVK)
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5 5 notice Notice to Counsel of Local Rule Mon 04/28 4:32 PM
NOTICE TO COUNSEL Leo A. Manzanilla of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (EVK)
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4 4 misc Disclosure Statement - LR 3.03 and FRCP 7.1 Mon 04/28 1:56 PM
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Clear Blue Insurance Company identifying Corporate Parent Clear Blue Financial Holdings LLC for Clear Blue Insurance Company.. (Cambo, Cristina)
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3 3 notice Notice of a Related Action Mon 04/28 1:13 PM
NOTICE of a related action per Local Rule 1.07(c) by Clear Blue Insurance Company. Related case(s): No (Cambo, Cristina)
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2 2 notice Notice of Lead Counsel Designation Mon 04/28 1:11 PM
NOTICE of Lead Counsel Designation by Cristina Pilar Cambo on behalf of Clear Blue Insurance Company. Lead Counsel: Cristina P. Cambo. (Cambo, Cristina)
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1 1 notice Notice of Removal Mon 04/28 1:09 PM
COMPLAINT and NOTICE OF REMOVAL from 12TH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA, case number 412025CA000424CAAXMA filed in State Court on 3/7/2025. Filing fee $405, receipt number BFLMDC-23294266 filed by Clear Blue Insurance Company.(Cambo, Cristina)
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Att: 1 State Court COMPLAINT,
Att: 2 State Court ANSWER,
Att: 3 State Court Docket Sheet,
Att: 4 State Court Other Documents,
Att: 5 Civil Cover Sheet