Vander Laan v. Roberts

Filing 6

ORDER REMANDING CASE to Boulder County District Court. Civil Case Terminated. By Judge Marcia S. Krieger on 11/28/2012. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 12-cv-03023-MSK
WINNA VANDER LAAN,
Plaintiff,
v.
WARREN ROBERTS, M.D.,
Defendant.

ORDER REMANDING CASE

THIS MATTER comes before the Court sua sponte.
The Plaintiff commenced this action in the Boulder County District Court. In her
Complaint, Plaintiff asserts one claim for medical malpractice. In her Complaint, the Plaintiff
did not request any particular monetary relief.
In the Notice of Removal, the Defendant asserts that this Court can exercise jurisdiction
based upon diversity pursuant to 28 U.S.C.§ 1332. 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[.]”
In accordance with the analysis set forth in Baker v. Sears Holding Corp., 557 F. Supp.
2d 1208 (D. Colo. 2007), there has been an insufficient showing of the requisite amount in
controversy to establish diversity jurisdiction. Accordingly, the action must be remanded to the
State Court. See 28 U.S.C. § 1447(c).

IT IS THEREFORE ORDERED that this action is REMANDED to the Boulder
County District Court.
DATED this 28th day of November, 2012.
BY THE COURT:

Marcia S. Krieger
United States District Judge

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