Krause v. Kohl's Inc.

Filing 10

ORDER sua sponte remanding case to the Fifth Judicial Circuit Court in and for Marion County, Florida. Following remand, the Clerk shall close the file. Signed by Judge Timothy J. Corrigan on 3/26/2024. (SRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
MARSHA KRAUSE,
Plaintiff,
v.

Case No. 5:23-cv-722-TJC-PRL

KOHL’S, INC.,
Defendant.
ORDER
Even in the absence of a challenge, the Court has a duty to independently
evaluate subject matter jurisdiction. Arbaugh v. Y&H Corp., 546 U.S. 500, 514
(2006).

Defendant removed this slip and fall case based on diversity

jurisdiction. (Doc. 1 ¶ 1). Under 28 U.S.C. § 1332(a), parties must have complete
diversity and the amount in controversy must exceed $75,000. See Univ. of S.
Ala. v. Am. Tobacco Co., 168 F.3d 405, 410–12 (11th Cir. 1999). Defendant has
failed to show by a preponderance of the evidence that the amount in
controversy exceeds $75,000. See Friedman v. N.Y. Life Ins. Co., 410 F.3d 1350,
1353 (11th Cir. 2005).
Defendant’s evidence of the amount in controversy is based on plaintiff’s
proposal to settle the case for $105,000, and a written demand for $100,000.
See Doc. 1 at ¶¶ 6 & 7.

While documents such as these may count for

something when detailed, the ones here are conclusory, and may be no more
than pure posturing. See, e.g., Williams v. Circle K Stores, Inc., No. 3:21-cv723-TJC-MCR, 2021 WL 4033308 (M.D. Fla. Sept. 3, 2021) (declining to assume
that demand letter seeking $300,000 was more than mere puffery and
posturing); Smith v. Barkley, No. 6:19-cv-2064-Orl-41EJK, 2020 WL 13597991,
*3 (M.D. Fla. Jan. 29, 2020) (finding settlement offer of $1,000,000 was not
evidence of amount in controversy where medical bills were only $12,500 with
further medical treatment needed); cf., Griffis v. Wal-Mart Stores, East, L.P.,
No. 3:18-cv-935-J-32MCR, 2018 WL 44444700 (M.D. Fla. Sept. 18, 2018)
(finding removal untimely where earlier received proposal for settlement for
$650,000 was not puffery when defendant already knew of medical bills totaling
over $200,000). The general allegations of the complaint here give little hint
of the extent of plaintiff’s injuries and the only other evidence is plaintiff’s
interrogatory responses. Doc. 1-7. These show plaintiff hit her head and knee
at the store, she injured her head, wrist, hand, knee and has scarring on her
face, and she has incurred $28,744.27 in medical bills, with additional billing
information pending.

Id.

But none of the providers for whom billing was

pending suggest their cost would be significant enough to raise the amount in
controversy to the required sum.

Moreover, plaintiff is not seeking any

damages for lost wages or earnings capacity. Id. On this record, defendant

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has not met its burden to show by a preponderance of the evidence that the
amount in controversy exceeds $75,000.1
Accordingly, it is hereby
ORDERED:
This case is sua sponte remanded to the Fifth Judicial Circuit Court in
and for Marion County, Florida. Following remand, the Clerk shall close the
file.
DONE AND ORDERED in Jacksonville, Florida this 26th day of March,
2024.

s.
Copies:
Counsel of record
Clerk of Court of the Fifth Judicial Circuit Court
in and for Marion County, Florida
While sometimes it is appropriate to give a defendant an opportunity to
supplement the notice of removal, in this case, there is no reason to believe
defendant has any additional information to provide.
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