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)

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