Bentley v. Miami Air Int'l, Inc.

377 F. Supp. 3d 1337
CourtDistrict Court, S.D. Florida
DecidedFebruary 27, 2019
DocketCASE NO. 19-20258-CIV-ALTONAGA/Goodman
StatusPublished
Cited by4 cases

This text of 377 F. Supp. 3d 1337 (Bentley v. Miami Air Int'l, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bentley v. Miami Air Int'l, Inc., 377 F. Supp. 3d 1337 (S.D. Fla. 2019).

Opinion

CECILIA M. ALTONAGA, UNITED STATES DISTRICT JUDGE

THIS CAUSE came before the Court on Plaintiff, George Bentley's Motion for Remand and Attorney's Fees [ECF No. 12 ], filed February 2, 2019. Defendant, Miami Air International, Inc. filed a Response [ECF No. 13 ], to which Plaintiff filed a Reply [ECF No. 15 ]. The Court has carefully considered the Notice of Removal [ECF No. 1 ], the Complaint (see [ECF No. 1-1] 6-101 ), the Removal Status Report [ECF No. 7 ], the parties' written submissions, the record, and applicable law. For the following reasons, the Motion is granted.

I. BACKGROUND

Plaintiff used to work for Defendant as a pilot at Defendant's principal place of business in Miami, Florida. (See Compl. 6-8). On December 12, 2018, Plaintiff filed a one count Complaint in the Eleventh Circuit in and for Miami-Dade County against Defendant, alleging retaliation in violation of the Florida Civil Rights Act ("FCRA"). (See id. 9-10).

On January 18, 2019, Defendant filed its Notice of Removal, stating the Court has subject matter jurisdiction over the Complaint under 28 U.S.C. sections 1331and 1332(a)(1). (See generally Notice of Removal). First, as to federal question jurisdiction under section 1331, Defendant stated "[b]ecause the Complaint asserts claims under federal law , the Court has original subject matter jurisdiction pursuant to 28 U.S.C. [section] 1331." (Id. ¶ 3 (alterations and emphasis added) ). Second, as to diversity jurisdiction under section 1332(a)(1), Defendant stated Plaintiff "was no longer *1340residing in Florida" but was rather "a resident of Maine." (Id. ¶ 4). According to Defendant, because it is a Florida corporation with a principal place of business in Miami, Florida, there is complete diversity between the parties, and removal was appropriate. (See id. ).

Defendant then filed a Removal Status Report on January 24, 2019. (See generally Removal Status Report). In it, Defendant referred to an earlier action under the Age Discrimination in Employment Act ("ADEA") and the FCRA before another judge in this District in case number 16-cv-24607 (the "Initial Action"). (See id. 1). Defendant explained that Plaintiff's claim here arises out of Defendant's retaliatory conduct after Plaintiff filed the Initial Action. (See id. 2). As for the grounds of removal for this action, Defendant again stated:

a. Federal question. The complaint asserts claims under federal law .
b. Diversity Jurisdiction. Plaintiff and Defendant are citizens of different states -- Maine and Florida. Damages calculated from the prior litigation would exceed $ 75,000.00.

(Id. 2 (emphasis added) ).

Plaintiff filed the present Motion for Remand, contending the action properly belongs in state court. (See generally Mot.). Plaintiff also seeks attorney's fees and costs, asserting Defendant's removal was objectively unreasonable. (See id. ).

II. LEGAL STANDARD

Under 28 U.S.C. section 1447(c), a federal court must remand an action that has been removed from state court if it appears the removal was improper. "[I]n removal cases, the burden is on the party who sought removal to demonstrate that federal jurisdiction exists." Kirkland v. Midland Mortg. Co. , 243 F.3d 1277, 1281 n.5 (11th Cir. 2001) (alteration added; citation omitted). Due to federalism concerns, federal courts strictly construe the requirements of removal jurisdiction and remand all cases in which jurisdiction is doubtful. See Allen v. Christenberry , 327 F.3d 1290, 1293 (11th Cir. 2003) ; see also Univ. of S. Ala. v. Am. Tobacco Co. , 168 F.3d 405, 411 (11th Cir. 1999). When the parties disagree on the existence of jurisdiction, "uncertainties are resolved in favor of remand." Burns v. Windsor Ins. Co. , 31 F.3d 1092, 1095 (11th Cir. 1994) (citations omitted).

"The existence of federal jurisdiction is tested at the time of removal." Adventure Outdoors, Inc. v. Bloomberg , 552 F.3d 1290, 1294-95 (11th Cir. 2008). The Court thus focuses on jurisdictional facts as they existed when Defendant filed its Notice of Removal. See Burns , 31 F.3d at 1097 n.13 ("Jurisdictional facts are assessed on the basis of plaintiff's complaint as of the time of removal." (emphasis and citations omitted) ).

III. DISCUSSION

A. The Parties' Briefing

Plaintiff's argument is straightforward. First, Plaintiff contends there is no federal question jurisdiction as a "cursory review of Plaintiff's Complaint reveals that there are no allegations of or claims brought pursuant to the ADEA or any other federal law; rather, Plaintiff's Complaint includes only a single cause of action under Florida Law." (Mot. 2). Next, Plaintiff points out that after he apprised Defendant "of the impropriety of removal on that basis under the Forum Diversity Rule, Defendant ultimately conceded that this was not a proper basis for removal." (Id. ). Nevertheless, Defendant still "refused to concede [ ] there [was] also no basis for removal based on federal question, despite the fact that the Plaintiff's *1341claim ha[d] been brought solely under state law." (Id. (alterations added) ).

Turning to whether removal based on federal question jurisdiction was proper, Plaintiff's counsel informed Defendant's counsel that no federal law claim was alleged in the Complaint, and that the mere reference to an Equal Employment Opportunity Commission ("EEOC") charge or previous federal ADEA lawsuit did not create a federal question. (See Mot. 6-7). Defendant again reiterated its opposition, forcing Plaintiff to file the present Motion to Remand. (See id.

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377 F. Supp. 3d 1337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bentley-v-miami-air-intl-inc-flsd-2019.