Lapaglia v. Transamerica Cas. Ins. Co.
United States District Court for the District of Connecticut
January 4, 2016, Decided; January 4, 2016, Filed
No. 3:15-cv-0616 (JAM)
[*153] ORDER OF DISMISSAL FOR LACK OF SUBJECT MATTER JURISDICTION
Plaintiff is a citizen of Connecticut, and he has filed this diversity action pro se and [*154] in forma pauperis alleging a breach of a travel insurance contract by defendant, a Pennsylvania insurance company. I will dismiss this action, because I conclude that plaintiff has not plausibly alleged facts or otherwise adduced evidence to satisfy the minimum amount in controversy of $75,000 that is required for this Court's diversity jurisdiction.
Plaintiff's initial complaint requested damages for some quantity in excess of $10,000 arising from detailed facts that are described below. Doc. #1. The Court entered an order to show cause for plaintiff to establish by means of affidavit or other documentary evidence that his claim was for more than $75,000 as required to sustain diversity jurisdiction under 28 U.S.C. § 1332. Doc. #8. In response, plaintiff filed an amended complaint alleging $110,000 or more in damages. Doc. #9.
According to the amended complaint, plaintiff spent $65 in April 2013 to purchase a "Travelex" travel [**2] insurance policy that was allegedly underwritten by defendant Transamerica Casualty Insurance Company. The next day, plaintiff bought a plane ticket and paid for lodgings in London. On May 4, 2013, plaintiff flew to London, but upon arrival there was "stopped, refused entry into the nation of the United Kingdom, and detained by the 'United Kingdom Border Agency.'" Doc. #9 at 4. Plaintiff was thereafter detained for five days, and during this time "was interrogated and tortured while imprisoned, and . . . did not get much sleep." Ibid. His laptop computer and business suits were also damaged during his detainment.
At some point, plaintiff flew back to the United States but upon arrival in New York he was interrogated and tortured for many hours by two "American Police State Agents" who "wanted [him] to confess, and write a written confession, for crimes [he] did not commit." Id. at 5. Plaintiff was "incredibly tired and worn-out from . . . detainment and torture" and so he immediately went to an airport motel where he stayed for nine days. Ibid.Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.
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155 F. Supp. 3d 153 *; 2016 U.S. Dist. LEXIS 320 **
JOHN ANGELO LAPAGLIA, Plaintiff, v. TRANSAMERICA CASUALTY INSURANCE COMPANY, Defendant.
alleged facts, allegations, subject matter jurisdiction, discovery, diversity jurisdiction, amount in controversy, federal court, damages, travel