Koniuszy et al v. Eugene

Filing 4

Order REMANDING this action to the Circuit Court of Mobile County for lack of subject matter jurisdiction as set out. Signed by District Judge William H. Steele on 09/21/2021. (srd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DEBORAH KONIUSZY, et al.,
Plaintiffs,
v.
NOLAN EUGENE, JR., et al.,
Defendants.

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) CIVIL ACTION 21-0386-WS-N
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ORDER

This matter is before the Court on its sua sponte review of its subject matter
jurisdiction. The defendants removed on the basis of diversity, asserting it was
apparent from the face of the complaint that the amount in controversy exceeds
$75,000, exclusive of interest and costs. The Court advised the defendants that
their position was foreclosed by Williams v. Best Buy Co., 269 F.3d 1316 (11th Cir.
2001), and provided them an interval to submit additional materials to sustain their
burden of establishing subject matter jurisdiction. (Doc. 2). They have done so.
(Doc. 3).
The only additional material the defendants provide regarding the amount
in controversy is an email from plaintiffs’ counsel declining to stipulate that
damages are under $75,000. (Doc. 3-4). The Williams Court held that such a
refusal to stipulate “standing alone does not satisfy [the removing defendant’s]
burden of proof on the jurisdictional issue.” 269 F.3d at 1320. The defendants
argue they are not relying only on the refusal to stipulate but also on the
complaint’s allegations regarding the plaintiffs’ injuries. (Doc. 3 at 5). Williams,
however, involved indistinguishable allegations of injuries, and the Eleventh
Circuit still found the jurisdictional amount not established.

For the reasons set forth above, this action is remanded to the Circuit
Court of Mobile County for lack of subject matter jurisdiction
DONE and ORDERED this 21st day of September, 2021.
s/ WILLIAM H. STEELE
UNITED STATES DISTRICT JUDGE

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