Storm v. Roscoe Medical, Inc.

Filing 9

MEMORANDUM OPINION & ORDER: The Court's May 23, 2016 5 Order to Show Cause is DISCHARGED. Signed by Judge Joseph M. Hood on May 27, 2016. (AWD) cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
DANIEL STORM,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
ROSCOE MEDICAL, INC.,
Defendant.

Civil Case No. 16-cv-147JMH

MEMORANDUM OPINION & ORDER

***

Defendant Roscoe Medical, Inc. (“Roscoe”) has responded to
the Court’s Order requiring it to show cause why this matter
should

not

be

remanded

to

the

Fayette

Circuit

Court

in

the

absence of competent proof of an amount in controversy which
exceeds $75,000 and, thus, the lack of any basis for an exercise
of jurisdiction by this Court.

In its Response, Roscoe points

to Plaintiff’s response to Roscoe’s Request for Admission in
which Plaintiff admits that he seeks damages which “exceed[] the
sum of $75,000.00, exclusive of interests and costs.”
at 1, Page ID#: 37.]

[DE 8-1

The response to the Request for Admission

is dated May 26, 2016 – three days after the Court’s Order
requiring Defendant to show cause and thirteen days after the
Notice of Removal.
Request

for

Nonetheless, the Court accepts that the

Admission

demonstrates

that

the

amount

in

controversy requirement was met at the time of removal on May

13, 2016.

Thus, this Court’s exercise of jurisdiction is proper

under 28 U.S.C. § 1332 and 1441 because this case could have
been brought in federal court originally as the parties have
diverse citizenship and the amount in controversy is greater
than $75,000.
Accordingly, the Court’s May 26, 2016, Order to Show Cause
is DISCHARGED.
This the 27th day of May, 2016.

2