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, )

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