Hosp v. Geneva, LLC
Filing
13
MEMORANDUM OPINION AND ORDER signed by Judge John G. Heyburn, II on 4/28/2011. For the reasons set forth, 8 Motion to Remand is DENIED. cc: Counsel (AEP)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:11-CV-151-H
SAMUEL HOSP
PLAINTIFF
V.
GENEVA, LLC
DEFENDANT
MEMORANDUM OPINION AND ORDER
Plaintiff originally brought this case in Jefferson Circuit Court, alleging that Defendant
failed to fully compensate him for certain commissions earned during his employment. Soon
afterwards, on March 11, 2011, Defendant removed this case to federal court on the grounds of
diversity of citizenship and the amount in controversy exceeding $75,000. On April 1, 2011,
Plaintiff moved to remand this case on the grounds that Defendant had failed to show that
Plaintiff’s claims exceeded the $75,000 requirement to establish diversity jurisdiction.
Everyone admits diversity of citizenship and the amount of unpaid commissions as
approximately $30,000. The parties also agree that pursuant to KRS 337.385 Plaintiff could be
entitled to recover twice the amount due or a total of $60,000. Moreover, the Kentucky Wage
and Hour Act permits an award for attorney’s fees. There is no dispute that such fees can be
considered toward the amount in controversy.
Defendant argues that it is quite reasonable to assume that the attorney’s fees would
exceed an additional $15,000. Considering the statutory availability of attorney’s fees, the
limited amount of time necessary for the fees to exceed $15,000 or the reasonable application of
a contingency fee which would exceed $15,000, this Court concludes that Defendant has
demonstrated that the amount in controversy in this case exceeds $75,000. That the matter might
be settled quickly for a total amount less than that does not change the basic analysis.
In conclusion, the Sixth Circuit allows a reasonable estimate of attorney’s fees to be
considered in determining the amount in controversy. The likely amount of those fees plus the
$60,000 which Plaintiff seeks in his complaint established by a preponderance of the evidence
that the total amount in controversy exceeds $75,000.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that Plaintiff’s motion to remand is DENIED.
April 28, 2011
cc:
Counsel of Record
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?