MRI ASSOC. OF ST. PETE v. ST. FARM MUTUAL AUTOM. INS

Full title: MRI ASSOCIATES OF ST. PETE, INC., Plaintiff, v. STATE FARM MUTUAL…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Oct 18, 2010

Case No. 8:10-cv-713-T-30AEP (M.D. Fla. Oct. 18, 2010)

Opinion

Case No. 8:10-cv-713-T-30AEP.

October 18, 2010

ORDER

JAMES MOODY JR., District Judge

On September 14, 2010, this Court stayed this action pending the Eleventh Circuit's final ruling in Cappucitti v. Directv, Inc., No. 09-14107. On October 15, 2010, the Eleventh Circuit issued a per curiam opinion in Cappucitti in which it vacated its original opinion and ruled that the Class Action Fairness Act ("CAFA") "does not require at least one plaintiff in a class action to meet the amount in controversy requirement of 28 U.S.C. § 1332(a)." Cappucitti v. Directv, Inc,. No. 09-14107, slip op. at 2 (11th Cir. Oct. 15, 2010) (per curiam).

This Court has already determined that Plaintiff's claims exceed the $5,000,000 jurisdictional requirement for class actions under CAFA. All other jurisdictional requirements were undisputed.

It is therefore ORDERED AND ADJUDGED that:

1. Plaintiff MRI Associates of St. Pete, Inc.'s Motion to Remand (Dkt. 8) is DENIED.

2. The Clerk is directed to re-open this case.

3. Plaintiff shall file its response to Defendants' Motion to Dismiss (Dkt. 6) within twenty (20) days of the entry of this order.

DONE and ORDERED in Tampa, Florida on October 18, 2010.