Fontenot v. Dollar General Stores et al

Filing 15

NOTICE AND ORDER: The Defendants shall file a memorandum concerning subject matter jurisdiction on or before 5/1/2015, and the Plaintiff shall file a memorandum concerning the same on or before 5/15/2015. The parties memoranda shall address the application of the Fifth Circuits analysis in Simon v. Walmart, 193 F.3d 848 (5th Cir. 1999), to the facts of this case. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 4/16/2015. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
WILFORD FONTENOT, individually and
OBO his wife

CIVIL ACTION

VERSUS

NO. 14-701-JWD-RLB

DOLLAR GENERAL STORE, ET AL
NOTICE AND ORDER
In the Amended Status Report, the parties represent that that “are discussing stipulating
that plaintiff’s claims are less than $30,000.” (R. Doc. 11). At the scheduling conference on
April 9, 2015, the parties represented to the undersigned that they had reached an agreement that
the amount in controversy necessary for federal jurisdiction is not present. (R. Doc. 14). The
parties anticipated an appropriate filing being made, not later than April 15, 2015, addressing
whether this court had jurisdiction in this matter. Nothing has been filed. In light of these
representations, as well as the Court’s review of the Notice of Removal (R. Doc. 1), the Court
sua sponte raises the issue of whether it may exercise diversity jurisdiction in this matter,
specifically, the amount in controversy requirement.
IT IS ORDERED that defendants shall file a memorandum concerning subject matter
jurisdiction on or before May 1, 2015, and that plaintiff shall file a memorandum concerning the
same on or before May 15, 2015. The parties’ memoranda shall address the application of the
Fifth Circuit’s analysis in Simon v. Walmart, 193 F.3d 848 (5th Cir. 1999), to the facts of this
case.
Signed in Baton Rouge, Louisiana, on April 16, 2015.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE