Sellers v. Coca Cola Enterprises Inc et al

Filing 12

ORDER denying without prejudice 10 Motion to Remand. Stipulation due by 19 September 2014, so the forum can be settled soon. No new motion to remand is needed. If Sellers caps her damages by stipulation, then the Court will remand sua sponte. Signed by Judge D. P. Marshall Jr. on 8/29/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF ARKANSAS -~~~Es_:~). :£~Lb,,\
JONESBORO DIVISION
[ j CLERK

PLAINTIFF

ANGELLA SELLERS

v.

No. 3:14-cv-175-DPM

COCA COLA ENTERPRISES INC.;
COCA COLA INC.; COCA-COLA
REFRESHMENTS USA, INC.; ERIC C.
YATES; and JOHN DOES 2-3

DEFENDANTS

ORDER
Sellers's motion to remand, NQ 10, is denied without prejudice. The
parties are diverse, and Defendants have carried their burden by a
preponderance based on a good faith belief in Sellers's statement that she is
entitled to damages" in an amount exceeding the minimum amount required
for diversity jurisdiction in the United States District Court." NQ 2 at 4.
Medical bills may be lin1ited to approximately $30,000.00, as she pleads; but
Sellers also seeks unspecified amounts for lost wages, pain and suffering,
mental anguish, permanent impairment, and possible future medical
expenses. If Sellers stipulates that she is not seeking, and will not seek, total
damages exceeding $75,000.00, then this Court will lose jurisdiction. St. Paul

Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283,288-89,294 (1938); see also
Standard Fire Insurance Co. v. Knowles, 133 S. Ct. 1345, 1350 (2013). If not, the
case will stay here. Stipulation due by 19 September 2014, so the forum can
be settled soon. No new motion to remand is needed. If Sellers caps her
damages by stipulation, then the Court will remand sua sponte.
So Ordered.

D.P. Marshall Jr. t! ·
United States District Judge

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