Deal v. Medical Depot, Inc. et al

Filing 9

ORDER directing Defendants to, within 30 days, provide the Court with evidence showing that the amount in controversy in this case exceeds $75,000.00. Signed by Chief Judge J. Randal Hall on 9/1/2017. (pts)

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IN THE UNITED FOR THE STATES DISTRICT SOUTHERN DISTRICT OF COURT GEORGIA STATESBORO DIVISION HELEN SUZANNE DEAL, * Plaintiff, v. * MEDICAL DEPOT, INC. d/b/a CV 617-097 * Drive Devilbliss Healthcare, HL CORPORATION (USA) INC., and XYZ CORPORATIONS 2-3, * * * Defendants. * ORDER A defendant may remove "any civil action brought in a State court of which original place district jurisdiction" where Under the 28 to such action U.S.C. courts the is § 1332(a), of the district pending." district United court 28 States "embracing U.S.C. courts have the § 1441(a). have original jurisdiction over claims between citizens of different states if "the matter in controversy exceeds the sum or value of $75,000." And it is typically the removing defendant's burden to show, by a preponderance of the evidence, that the amount in controversy exceeds the jurisdictional requirement. Co., 269 F.3d 1316, 1319 (11th Cir. 2001). Williams v. Best Buy Defendants removed alleging diversity 2017, 1.) According to this case to jurisdiction Defendants' this Court under notice of on § 1332. removal, (See "[t]he claimed by Plaintiff in the above-captioned lawsuit is of July 20, Doc. amount in excess $75,000.00 based on the damages being claimed by Plaintiff." (Id. at 2.) But in her amended complaint, Plaintiff alleges only that she was permanently injured and that she "has incurred serious and substantial past and future medical expenses and has endured and will continue to endure physical and mental pain and suffering." any detail medical (Doc. 1-2 at 5.) about the expenses, Because neither filing provides extent Plaintiff's Court the of is not injuries satisfied that or her § 1332's amount-in-controversy requirement is met. Accordingly, within 30 days from the date of this order, Defendants must provide the Court with evidence showing that the amount in controversy in this fail to do so, the Court will case exceeds remand this $75,000. If they case to the Superior Court of Bulloch County. ORDER September, ENTERED at Augusta, Georgia this / day of 2017. ". RANjD^ffl HALL/ CHIEF JUDGE UNITEOSTATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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