Occidental Chemical Corporation v. Saia Motor Freight Line, LLC et al

Filing 15

NOTICE AND ORDER: Defendants shall file a memorandum concerning subject matter jurisdiction within ten (10) days of this Order, and that Plaintiff shall file a memorandum concerning the same ten (10) days after the filing of Defendants memorandum. Amended Status Report due by 6/2/2016. Scheduling Conference set for 6/16/2016 at 11:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Signed by Magistrate Judge Erin Wilder-Doomes on 4/15/2016. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

OCCIDENTAL CHEMICAL
CORPORATION

CIVIL ACTION

VERSUS

NO. 15-689-BAJ-EWD

SAIA MOTOR FREIGHT LINE, LLC;
SAIA, INC.; ABC INSURANCE
COMPANY

NOTICE AND ORDER
In the Amended Joint Status Report filed on April 6, 2016, the parties assert that “Plaintiff
has consented to this Court’s diversity jurisdiction under 28 U.S.C. § 1332.”1 Defendants’ Petition
for Removal alleges that the parties are completely diverse.2 However, it is not apparent from the
face of Plaintiff’s Petition for Damages that the claims are likely to exceed $75,000.00. In its
Petition for Damages, Plaintiff seeks costs of repair (approximately $67,270.31), as well as
damages for inspection, testing, investigation, and storage as well as other consequential/incidental
damages and attorney fees.3 However, Plaintiff does not provide the basis for its assertion that it
is entitled to attorney fees and there is no indication of the amount in controversy related to
Plaintiff’s other alleged damages.
In addition to asserting diversity jurisdiction, Defendants assert in their Petition for
Removal that Plaintiff’s state law causes of action are completely preempted by the Carmack
Amendment of the Interstate Commerce Act, 49 U.S.C. § 14706 and therefore this Court has

1

R. Doc. 14.
R. Doc. 1, ¶ 7.
3
R. Doc. 1-1, ¶ 17.
2

subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 & 1337.4 Plaintiff does not agree that
49 U.S.C. § 14706 applies and asserts that the statute does not provide a basis for removal to this
Court.5
The Court sua sponte raises the issues of: (1) whether it may exercise diversity jurisdiction
in this matter, specifically, whether the amount in controversy requirement has been met; and (2)
the Court’s jurisdiction based on the Carmack Amendment, specifically because this suit appears
to involve only intrastate commerce.
IT IS ORDERED that Defendants shall file a memorandum concerning subject matter
jurisdiction within ten (10) days of this Order, and that Plaintiff shall file a memorandum
concerning the same ten (10) days after the filing of Defendants’ memorandum.
IT IS FURTHER ORDERED that the Scheduling Conference currently set for April 21,
2016 at 4:00 p.m. is reset for June 16, 2016 at 11:00 a.m. The parties shall re-file an Amended
Status Report by June 2, 2016.
Signed in Baton Rouge, Louisiana, on April 15, 2016.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE

4
5

R. Doc. 1, ¶ 5.
R. Doc. 6, p. 2.