Viquez v. JP Morgan Chase & Co.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-CV-62247-RAR

GUSTAVO VIQUEZ,

Plaintiff,

v.

JP MORGAN CHASE & CO. D/B/A CHASE BANK,

Defendant. _______________________________/

ORDER REMANDING CASE

THIS CAUSE comes before the Court sua sponte.1 On December 1, 2022, Defendant removed this case, originally filed in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, to this Court. Notice of Removal, [ECF No. 1]. At that time, Defendant stated this Court had “original jurisdiction over the Action pursuant to 28 U.S.C. § 1332(a) and the Action is removable to this Court by Chase pursuant to 28 U.S.C. § 1441(b). The Action is a civil action between citizens of different states and the amount in controversy exceeds $75,000, exclusive of interest and costs.” Id. ¶ 2. Defendant subsequently filed a Motion to Dismiss. [ECF No. 5]. On January 20, 2023, after holding a hearing, the Court granted Defendant’s Motion to Dismiss, allowing Plaintiff leave to amend. [ECF No. 18]. Plaintiff filed an Amended Complaint on February 8, 2023. [ECF No. 18]. Upon review of the Amended Complaint, the Court finds that it now lacks jurisdiction to hear this case pursuant to 28 U.S.C. § 1332(a) because the amount in controversy no longer

1 “A federal court not only has the power but also the obligation at any time to inquire into jurisdiction whenever the possibility that jurisdiction does not exist arises.” Fitzgerald v. Seaboard Sys. R.R., Inc., 760 F.2d 1249, 1251 (11th Cir. 1985) (citations omitted). It is the Court’s responsibility to “zealously insure that jurisdiction exists over a case.” Smith v. GTE Corp., 236 F.3d 1292, 1299 (11th Cir. 2001). exceeds $75,000. See Am. Compl. at 4 (“Plaintiff [] demands judgment for damages against the Defendant . . . in the sum of $54,404.83, together with costs and pre-judgment interest ... .”). Accordingly, having carefully reviewed the file, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that this action is REMANDED to the Seventeenth Judicial Circuit in and for Broward County, Florida. The Clerk is instructed to CLOSE this case. Any pending motions are DENIED AS MOOT. DONE AND ORDERED in Miami, Florida, this 15th day of February, 2023.

UNITED STATES DISTRICT JUDGE

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