After a Texas-based company that helped evacuate people from war-torn Haiti in 2024 sued the state of Florida for nonpayment, a federal judge in Tallahassee wants to know why the case shouldn’t be thrown out.
TAD Recovery Services, LLC, filed the lawsuit July 24 in the Northern District of Florida, court dockets show. It’s owed more than $7.5 million, its complaint says.
On July 26, U.S. District Judge Robert Hinkle issued an order to the plaintiff to show cause why the case shouldn’t be dismissed because of a lack of federal jurisdiction.
Grounds to sue in federal court include a question of federal law or a case in which the parties are from different states, known as diversity jurisdiction.
But “the complaint asserts a state-law claim against a state agency,” the Division of Emergency Management (DEM), Hinkle wrote. “… (F)or diversity purposes, a state – or state agency that is jurisdictionally equivalent to the state – is not a citizen of any state, so diversity jurisdiction does not exist over an action by or against such an entity.”
He gave TAD Recovery till Aug. 11 to respond. A request for comment is pending.
The company said it moves “materials, supplies and personnel in and out of various locations around the USA and elsewhere in the world, often on an emergency basis due to catastrophic weather situations and/or rapidly developing geopolitical conflicts.”
Its complaint said DEM contacted the company in March 2024 “to get involved with helping to evacuate children from the Tim Tebow Foundation in Haiti.”
That “morphed” into DEM asking the company to provide broader services related to evacuating Floridians and other people from Haiti. Gov. Ron DeSantis said in an April 24, 2024, news release that the state had rescued 722 Americans from Haiti.
The News Service of Florida contributed to this report. Jim Rosica is a member of the USA TODAY Network – Florida Capital Bureau. Reach him at jrosica@tallahassee.com and follow him on Twitter/X: @JimRosicaFL.
This article originally appeared on Tallahassee Democrat: Federal judge challenges Texas company’s suit against Florida over Haiti rescue costs
Reporting by Jim Rosica, USA TODAY NETWORK – Florida / Tallahassee Democrat
USA TODAY Network via Reuters Connect
