Raymond Stuck v. Owl Creek Boat Works and Storage, LLC

Summary

The United States District Court for the Middle District of Florida grants Raymond Stuck’s motion to remand his action against Owl Creek Boat Works and Storage, LLC to Florida state court. The court concludes that Owl Creek failed to establish diversity jurisdiction and that the alleged damage to Stuck’s vessel occurred on land, defeating admiralty jurisdiction. The court also finds Stuck entitled to attorney fees under 28 U.S.C. § 1447(c) and directs him to file a fee motion under Local Rule 7.01.

Holdings

1. Removal was not proper because Owl Creek failed to establish complete diversity, failed to identify the citizenship of each LLC member, and failed to allege facts showing that the amount in controversy exceeded $75,000.
2. The claims did not satisfy the location requirement for admiralty jurisdiction because the alleged injury occurred on land while the vessel was at a land-based repair and storage facility.
3. Stuck was entitled to attorney fees under 28 U.S.C. § 1447(c) and Local Rule 7.01 because Owl Creek lacked a justifiable, objectively reasonable basis for removal.

Questions Presented

1. Whether removal was proper under diversity jurisdiction when Owl Creek did not adequately allege the citizenship of its LLC members or the amount in controversy.
2. Whether the claims fell within federal admiralty jurisdiction when the vessel was allegedly damaged during land-based repair and storage.
3. Whether Stuck was entitled to attorney fees and costs incurred as a result of the removal.

Disposition

remanded