Blount v. Darby et al

Filing 2

NOTICE AND ORDER: Defendants, Lonny T. Darby, W.C. Fore Trucking, Inc., and National Casualty Company, shall file a memorandum and supporting evidence concerning subject matter jurisdiction, specifically whether the amount in controversy requireme nt of 28 U.S.C. § 1332 is met, within ten (10) days of this Notice and Order. Plaintiff shall file either: (1) a memorandum and supporting evidence concerning the courts subject matter jurisdiction, specifically, whether the amount in controversy requirement of 28 U.S.C. § 1332 is met; or (2) a Motion to Remand, within ten (10) days after the filing of Defendants memorandum. Signed by Magistrate Judge Erin Wilder-Doomes on 6/5/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
BOYD BLOUNT
CIVIL ACTION
VERSUS
NO. 17-351-JWD-EWD
LONNY DARBY,
W.C. FORE TRUCKING,
AND NATIONAL CASUALTY
COMPANY
NOTICE AND ORDER
This is a civil action involving claims for damages as a result of injuries sustained by
Plaintiff, Boyd Blount (“Plaintiff”), from an automobile accident on or about May 8, 2016. The
matter was removed by defendants, Lonny T. Darby, W.C. Fore Trucking, Inc., and National
Casualty Company (collectively, “Defendants”), on June 2, 2017 pursuant to 28 U.S.C. §1332.1
The Notice of 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 the Petition, Plaintiff alleges that he suffered injuries including “[b]ack

pain/injuries” and “[n]eck pain/injuries.”3 Plaintiff seeks damages including past, present, and
future: (1) physical pain and suffering; (2) mental pain, anguish, and distress; (3) medical
expenses; (4) loss of enjoyment of life; (5) disability; (6) impairment of earning capacity; and (7)
lost wages.4 There is no allegation in the Petition or the Notice of Removal regarding Plaintiff’s
specific injuries, the extent of his alleged disability, his medical expenses, or his lost wages.

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R. Doc. 1.
R. Doc. 1, ¶¶ II & III.
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R. Doc. 1-2, ¶ 16. In the Notice of Removal, Defendants assert “[i]n this matter, plaintiff alleges she sustained
‘serious injuries to her person including but not limited to, injuries to her back, neck, legs, knees, arms, shoulders,
hips, wrists, ankles, head accompanied with headaches, and emotions….’” R. Doc. 1, ¶ VI. Based on Plaintiff’s
Petition for Damages, this assertion appears to be from a different case.
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R. Doc. 1-2, ¶ 17.
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Based on the allegations set forth in the Petition, as well as the information asserted in the
Notice of Removal, 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, Lonny T. Darby, W.C. Fore Trucking, Inc., and
National Casualty Company, shall file a memorandum and supporting evidence concerning subject
matter jurisdiction, specifically whether the amount in controversy requirement of 28 U.S.C. §
1332 is met, within ten (10) days of this Notice and Order.
IT IS FURTHER ORDERED that Plaintiff shall file either: (1) a memorandum and
supporting evidence concerning the court’s subject matter jurisdiction, specifically, whether the
amount in controversy requirement of 28 U.S.C. § 1332 is met; or (2) a Motion to Remand, within
ten (10) days after the filing of Defendants’ memorandum. The case will be allowed to proceed if
jurisdiction is adequately established.
Signed in Baton Rouge, Louisiana, on June 5, 2017.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE

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