Albert v. SSC Pueblo Belmont Operating Company LLC

Filing 6

ORDER REMANDING CASE. Pursuant to 28 U.S.C. § 1447(c) this action is REMANDED to the District Court from which it was removed, by Judge Marcia S. Krieger on 05/09/2012. (wjcsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 12-cv-01177-MSK MARGARET SMITH ALBERT, as daughter and lineal heir of JANET SMITH, deceased, Plaintiff, v. SSC PUEBLO BELMONT OPERATING COMPANY, LLC d/b/a BELMONT LODGE HEALTH CARE CENTER, a Delaware limited liability company, Defendant. ORDER REMANDING CASE THIS MATTER comes before the Court sua sponte. The Plaintiff commenced this action in the District Court of Pueblo County, Colorado. The Plaintiff asserts a single claim for wrongful death, based on the Defendant’s alleged negligent care of the decedent following a surgery. In the Complaint filed in the state court, the Plaintiff did not specify the amount of monetary relief sought. The Defendant has sought removal based upon diversity jurisdiction pursuant to 28 U.S.C.§ 1332. To establish the amount in controversy, the Defendant relies primarily upon the Plaintiff’s election in the mandatory Colorado Civil Cover Sheet stating: “This party is seeking a monetary judgment for more than $100,000 against another party, including any attorney fees, penalties or punitive damages, but excluding interest and costs[.]” Consistent with the reasoning in Baker v. Sears Holding Corp., 557 F. Supp. 2d 1208 (D. Colo. 2007), the Court finds that the Defendant has not shown specific facts, which if true, would demonstrate that the amount in controversy is at least $75,000. IT IS THEREFORE ORDERED that pursuant to 28 U.S.C. § 1447(c) this action is REMANDED to the District Court from which it was removed. Dated this 9th day of May, 2012 BY THE COURT: Marcia S. Krieger United States District Judge

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