Smith v. Dollar Tree Stores, Inc.

Filing 6

ORDER. Defendant shall file a memorandum concerning subject matter jurisdiction on or before January 31, 2013. Plaintiff shall file a memorandum concerning same on or before February 21, 2013. The scheduling conference set for January 23, 2013 is CANCELLED and will be reset following a ruling on subject matter jurisdiction, if necessary. Signed by Judge James J. Brady on 01/14/2013. (CGP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

LISA SMITH

CIVIL ACTION

VERSUS

NUMBER 12-575-JJB-MJU

DOLLAR TREE STORES, INC.

ORDER
The Court sua sponte raises the question of jurisdiction over the subject matter in
this removed case, in connection with the amount in controversy requirement for diversity
jurisdiction, and, accordingly,
IT IS ORDERED that defendant shall file a memorandum concerning subject matter
jurisdiction on or before January 31, 2013, and that plaintiff shall file a memorandum
concerning same on or before February 21, 2013. The parties’ memoranda shall address
the implications for this case of the Fifth Circuit’s decision in Simon v. Walmart, 193 F.3d
848 (5th Cir. 1999).
IT IS FURTHER ORDERED that the scheduling conference set for January 23,
2013, is CANCELLED and will be reset following a ruling on subject matter jurisdiction, if
necessary.
Baton Rouge, Louisiana, January 14, 2013.

JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA

-2-