Miller v. Rickard et al

Filing 5

ORDER that Defendant Danaher Corporation is ordered to provide sufficient evidence by 5:00 p.m. on January 21, 2015 that the jurisdictional amount is in controversy. Signed by Judge J. Randal Hall on 1/7/2015. (jah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

JOHN MILLER,

*
*

Plaintiff,

*

v.

*

CV 115-003

*

LAUREN RICKARD;

DANAHER

*

CORPORATION; BECKMAN COULTER,
INC. a/k/a Beckman Coulter

*
*

Diagnostics; and JOHN DOE,

*

Defendants.

ORDER

This

Defendant

cause

comes

Danaher

before

the

Corporation

Court

removed

on

its

this

own

initiative.

action

from

the

Superior Court of Columbia County pursuant to 28 U.S.C. § 1332.
As

instructed

by

the

Eleventh

Circuit

Court

of

Appeals,

"[flederal courts are obligated to inquire into subject-matter

jurisdiction sua sponte whenever it may be lacking."

Cadet v.

Bulger, 377 F.3d 1173, 1179 (11th Cir. 2004) (internal quotation
marks omitted).

Upon review of the record,

the Court cannot

discern whether the amount in controversy in this case exceeds

the jurisdictional requirement of 28 U.S.C. § 1332.
Accordingly,

Defendant

Danaher Corporation

is ORDERED

to

provide sufficient evidence by 5:00 p.m. on January 21, 2015
that the jurisdictional amount is in controversy.

Defendant may

rely on

the

"judicial admissions

court,

or

other

[],

summary

non-sworn letters

judgment

type

submitted to

evidence

that

may

reveal that the amount in controversy requirement is satisfied."
Pretka

v.

Kolter

Cir.

2010) .

are

not

City

Other

limited

Corp.,
14,

No.

of

II,

appropriate

to,

interrogatories,
documentation

Plaza

forms

affidavits,

damages.

608

of

Id.

F.3d

744,

evidence

declarations,

medical

contracts,

3:12-cv-1086,

Inc.,

at

2013 WL 3013864,

but

depositions,
and

Chewning

at * 1

(11th

include,

records,

754-56;

754

(M.D.

v.

other
Target

Fla.

June

2013).

ORDER ENTERED
January,

at

Augusta,

Georgia

this

_/_*— day

2015.

H0N0RA8SE J.

RANDAL HALL

UNITED/STATES DISTRICT JUDGE
SOUTHERN

DISTRICT OF GEORGIA

of