Foster v. Griffin et al

Filing 10

ORDER remanding case to the Colorado District Court for Larimer County by Chief Judge Marcia S. Krieger on 4/15/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Marcia S. Krieger
Civil Action No. 15-cv-00768-MSK
STEPHEN FOSTER,
Plaintiff,
v.
SHEILA GRIFFIN, and
C.R. ENGLAND, INC.,
Defendants.

ORDER REMANDING CASE TO STATE COURT

THIS MATTER comes before the Court sua sponte. The Plaintiff, Stephen Foster,
commenced this case in the Colorado District Court for Larimer County. The Complaint (#3)
asserts claims for negligence. The Defendant, Sheila Griffin, removed the case to this Court.
The Notice of Removal (#1) cites 28 U.S.C. § 1332 as the basis for this Court’s subject matter
jurisdiction.
A civil action is removable only if the plaintiff could have originally brought the action in
federal court. 28 U.S.C. § 1441(a). In this case, removal is premised on diversity jurisdiction
under 28 U.S.C. § 1332(a). Diversity jurisdiction exists when the case involves a dispute
between citizens of different states, and the amount in controversy exceeds $75,000. 28 U.S.C.
§1332(a)(1). As the party invoking the federal court’s jurisdiction, Ms. Griffin bears the burden
of establishing that the requirements for the exercise of diversity jurisdiction are met. See
Huffman v. Saul Holdings Ltd. P’ship, 194 F.3d 1072, 1079 (10th Cir. 1999). The Court is

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required to remand “[i]f at any time before final judgment it appears that the district court lacks
subject matter jurisdiction.” 28 U.S.C. § 1447(c).
In removed cases, the amount in controversy must be evidenced from the allegations
contained in either the Complaint or the Notice of Removal. See Laughlin v. Kmart Corp., 50
F.3d 871, 873 (10th Cir. 1995). Here, Ms. Griffin relies solely on Mr. Foster’s representation on
his Civil Case Cover Sheet that he is seeking damages in excess of $100,000 to evidence the
amount in controversy. For the reasons stated in Baker v. Sears Holdings Corp., 557 F.Supp.2d
1208 (D.Colo. 2007), the Court finds that the representations made on the Civil Case Cover
Sheet alone are insufficient to establish the amount in controversy. As noted in Baker, the Civil
Case Cover Sheet is not an exhibit to, or part of, the Complaint. It simply specifies a type of
procedure to be used in the state case based upon an election as to whether the judgment sought
is greater or less than $100,000. Even if read with the Complaint, it contains no factual
allegation of losses that would exceed $75,000.
Accordingly, the Court finds that Ms. Griffin has failed to establish that the amount in
controversy exceeds $75,000. This Court therefore lacks subject matter jurisdiction over the
claims asserted in this action. The Clerk is directed to REMAND the case to the Colorado
District Court for Larimer County.
Dated this 15th day of April, 2015.
BY THE COURT:

Marcia S. Krieger
Chief United States District Judge

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