Scott et al v. Revclaims LLC et al

Filing 44

ORDER directing the Plaintiff's to file their Brief within 14 days from the entry of this Order. Signed by Judge J. Leon Holmes on 10/29/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
TRACEY SCOTT and LORRENZO HAMPTON,
individually and on behalf of all others similarly situated
v.

PLAINTIFFS

No. 3:18CV00056 JLH

REVCLAIMS, LLC; and
ST. BERNARD’S HOSPITAL, INC.

DEFENDANTS
ORDER

The plaintiffs commenced this action in this Court on March 30, 2018, asserting subject
matter jurisdiction, apparently, under the Class Action Fairness Act. See 28 U.S.C. § 1332(d). The
complaint alleges in a conclusory fashion only that the Court has subject matter jurisdiction due to
the amount and type of relief sought and because the amount in controversy exceeds the minimum
jurisdictional limits of the Court. Document #1 at 2, ¶5. Both named plaintiffs are citizens of
Arkansas, as is one of the defendants. Document #1 at 1, ¶1, ¶2 and ¶4. Hence, complete diversity
between the plaintiffs and the defendants is lacking. Nor do the named plaintiffs appear to seek an
amount exceeding $75,000 for their individual claims. Because the Court cannot ascertain from the
pleadings whether it has subject matter jurisdiction, it orders the parties to brief the issue. The
plaintiffs, who invoked this Court’s jurisdiction, must file their brief within 14 days from the entry
of this Order. The brief must explain the factual and legal basis for the allegation that this Court has
subject matter jurisdiction. If jurisdiction is asserted under 28 U.S.C. § 1332(d), the brief must
explain the basis for the assertion that the amount in controversy exceeds $5,000,000 as required by
28 U.S.C. § 1332(d)(2) and must also address the elements of § 1332(d)(4). The defendants may,
if they choose, respond within 14 days after the plaintiffs have filed their brief.
IT IS SO ORDERED this 29th day of October, 2018.
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE