Martin v. Utley

Filing 9

MEMORANDUM OPINION AND ORDER granting 6 Motion to Remand. Signed by Judge Joseph H. McKinley, Jr on 4/29/11. cc:counsel, HCC (JBM)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
OWENSBORO DIVISION
CIVIL ACTION NO. 4:11CV-00040-JHM
DAVID MARTIN

PLAINTIFF

V.
GEORGE UTLEY, Jr.

DEFENDANT
MEMORANDUM OPINION AND ORDER

This matter is before the Court on Plaintiff’s Motion to Remand [DN 6]. Plaintiff’s complaint
asserts a simple negligence claim but does not claim a specified amount of damages. Defendant
removed the case on the basis of diversity. Defendant has the burden to show the amount in
controversy exceeds $75,000. In attempting to carry that burden, Defendant engages in speculation
as to the amount of the claim. The Court concludes that this matter is not removable based on the
simple allegations of the complaint and the Defendant’s speculation fails to convince it that the
amount in controversy exceeds $75,000. Thus, this case will be remanded to state court. Once there,
Defendant should seek to discover the amount of Plaintiff’s claim. Pursuant to 28 U.S.C. § 1446(b),
the case may be removed within one year of its commencement if it is ascertained that the amount
in controversy exceeds $75,000. For the foregoing reasons, the Court GRANTS Plaintiff’s Motion
to Remand.

cc: counsel of record
Henderson Circuit Court
April 29, 2011