Logsdon et al v. Amerisure Insurance Company et al

Filing 3

NOTICE AND ORDER: Defendants Amerisure Insurance Company and Amerisure Mutual Insurance Company (collectively, Defendants), shall file a memorandum and supporting evidence concerning subject matter jurisdiction within ten (10) days of the date of this Notice and Order, and that Plaintiffs shall file a memorandum and supporting evidence concerning the Court's subject matter jurisdiction ten (10) days after the filing of Defendants memorandum. Signed by Magistrate Judge Erin Wilder-Doomes on 2/15/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

RYAN LOGSDON, ET AL.

CIVIL ACTION

VERSUS

NO. 17-86-JJB-EWD

AMERISURE INSURANCE
COMPANY, ET AL.

NOTICE AND ORDER
This is a civil action involving claims for damages as a result of injuries sustained by
plaintiffs, Ryan K. Logsdon, Lori L. Yarborough, and Brady Yarborough (collectively,
“Plaintiffs”), in a motor vehicle accident on or about January 9, 2016. 1 The matter was removed
to this Court on February 13, 2017 from the Nineteenth Judicial District Court for the Parish of
East Baton Rouge, Louisiana, on the basis of diversity jurisdiction under 28 U.S.C. § 1332(a).2
The Notice of Removal alleges that this case meets the amount in controversy necessary for the
Court to exercise federal subject matter jurisdiction based on the following:
10.
Defendants, Amerisure Insurance Company and Amerisure Mutual
Insurance Company, deny liability for any damages sought by
plaintiffs; however, upon information and belief, the amount in
controversy exceeds the requisite jurisdictional amount of
$75,000.00
11.
Plaintiffs, Ryan K. Logsdon, Lori L. Yarborough, and Brady
Yarborough, allege that as a result of this collision, they have been
caused to suffer: “(a) severe personal injuries, (2) severe physical
injury, (3) severe emotional injury, (4) pain and suffering, (5) past
and future medical expenses, (6) loss of enjoyment of life, (7) loss

1
2

See, R. Doc. 1-1.
R. Doc. 1.

of earnings or earnings capacity, (8) other damages to be shown at
trial, and (9) loss of service and society. [sic]3
It is not apparent from the face of Plaintiffs’ Petition for Damages or the Notice of Removal
that Plaintiffs’ claims in this matter are likely to exceed $75,000.00. Paragraph 12 of Plaintiffs’
Petition for Damages states:
As a result of the described accident, petitioners Ryan K. Logsdon,
Lori L. Yarborough, and Brady Yarborough have suffered severe
personal injuries, including but not limited to, severe physical
injury, severe emotional injury, pain and suffering, past and future
medical expenses, loss of enjoyment of life, loss of earnings or
earnings capacity and other damages which may be shown at the
trial of this matter.4
While Plaintiffs do seek several items of damages, there is no indication of the amount in
controversy related to their alleged damages.
Although Plaintiffs have not filed a Motion to Remand, the Court sua sponte raises the
issue of whether it may exercise diversity jurisdiction in this matter, specifically, whether the
amount in controversy requirement has been met.
IT IS ORDERED that defendants Amerisure Insurance Company and Amerisure Mutual
Insurance Company (collectively, “Defendants”), shall file a memorandum and supporting
evidence concerning subject matter jurisdiction within ten (10) days of the date of this Notice and
Order, and that Plaintiffs shall file a memorandum and supporting evidence concerning the Court’s
subject matter jurisdiction ten (10) days after the filing of Defendants’ memorandum.
Signed in Baton Rouge, Louisiana, on February 15, 2017.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE
3
4

R. Doc. 1 at 3-4 (citation omitted).
R. Doc. 1-1 at ¶ 12.
2