Murphy v. Acumed, LLC

Filing 9

ORDER denying 3 Motion to Remand to State Court and staying effect of order for ten (10) days to permit Plaintiff time to file stipulation. Signed by Judge Gregory A. Presnell on 12/8/2014. (JU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JOHN E. MURPHY,
Plaintiff,
v.

Case No: 6:14-cv-1842-Orl-31DAB

ACUMED, LLC,
Defendant.

ORDER
This matter is before the Court on Plaintiff’s Motion to Remand (Doc. 3) and Defendant’s
Response (Doc. 8).
By his Complaint (Doc. 2), Plaintiff seeks damages against Defendant in excess of $15,000
for a clavicle plating system manufactured by Defendant that had been implanted in Plaintiff as a
result of a prior accident. Plaintiff alleges that the clavicle plate broke, causing Plaintiff to suffer
bodily injury, and resulting in pain and suffering, disability, disfigurement, mental anguish, loss of
capacity for the enjoyment of life and the potential expense of hospitalization and medical care
(Doc. 2, paragraph 11). Plaintiff claims that these losses are either permanent or continuing.
In his objection to removal (construed as a motion to remand), Plaintiff simply asserts that
he is seeking less than $75,000.00 and therefore the case should be remanded to state court for
failure to meet the federal court’s jurisdictional threshold. 1

1

Plaintiff’s mere post-removal

In paragraph 6 of his Complaint, Plaintiff alleges that there is diversity between Plaintiff
and Defendant.

statement, however, is not enough to defeat federal jurisdiction in light of the serious bodily injury
asserted in his Complaint.
Currently, the Court finds that the face of the Complaint asserts a claim that meets the
amount in controversy threshold and the removing Defendant has met its burden. However, the
Plaintiff may file a stipulation to the effect that at the time of removal the amount in controversy did
not exceed $75,000.00 exclusive of interest and taxable costs and that Plaintiff will not accept an
award in excess of $75,000.00. C.f. Spencer v. Safeway Ins. Co. of Alabama, No. CIV.A. 14-0380CG-N, 2014 WL 5335825, at *3 (S.D. Ala. Oct. 20, 2014) (discussing plaintiff’s stipulations
agreeing to never seek damages or accept amounts in settlement or judgment in excess of $72,500.00
where stipulations were unrevokable and binding on heirs and assigns). The Court will stay the
effect of this Order for ten (10) days pending the filing of said stipulation.
It is therefore,
ORDERED that the Motion to Remand, (Doc. 3), is DENIED. The effect of this Order is
stayed for ten (10) days, should the Plaintiff fail to file any additional documentation this Order will
become final.
DONE and ORDERED in Chambers, Orlando, Florida on December 8, 2014.

Copies furnished to:
Counsel of Record
Unrepresented Party

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