Dixon v. J. Alexander's Restaurants, Inc.

Filing 18

MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 10/11/12 sustaining Plaintiff's 10 Motion to Remand. Case is REMANDED to Jefferson Circuit Court. cc:counsel, Jefferson Circuit Court (DAK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:12-CV-457-H
DANA DIXON

PLAINTIFF

V.
J. ALEXANDERS INC.

DEFENDANT

MEMORANDUM OPINION AND ORDER
Plaintiff filed this employment discrimination lawsuit against Defendant in Jefferson
Circuit Court. Asserting that the complaint alleged damages likely to be in excess of $75,000,
Defendant removed to this Court. Plaintiff has now moved to remand based on her stipulation
that the amount in controversy “does not and will not exceed the amount of $74,999, including
attorney’s fees. She also asserted in the affidavit that she will not seek nor would she obtain or
retain any damages in excess of that amount.
This Court has had a number of occasions to address this issue and has repeatedly stated
that it will only remand based on a plaintiff’s subsequent affidavit where that affidavit is
sufficiently unequivocal to limit the potential judgment to less than $75,000. See Egan v.
Premier Scales & Sys., 237 F.Supp.2d 774, 778 (W.D. Ky. 2002); Ralston v. Humana Insurance
Co., 2012 U.S. Dist. LEXIS 95124, *2-4 (W.D. Ky. July 10, 2012). Here, after examining
Plaintiff’s affidavit, the Court concludes that she has produced an unequivocal stipulation
clarifying her original complaint. In the Court’s view, the stipulation does unequivocally assert
that she will not seek nor accept an amount of damages in excess of $75,000. On the basis of the
affidavit, therefore, remand to Jefferson Circuit Court is appropriate.

Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that Plaintiff’s motion to remand is SUSTAINED and this
case is REMANDED to Jefferson Circuit Court.

October 11, 2012

cc:

Counsel of Record & Jefferson Circuit Court