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
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