Lightfoot v. Old Republic Insurance Company et al

Filing 2

NOTICE AND ORDER: Defendants, Landstar Ranger, Inc. and Old Republic Insurance 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. 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 7/20/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
MICHAEL LIGHTFOOT
CIVIL ACTION
VERSUS
NO. 17-463-BAJ-EWD
OLD REPUBLIC INSURANCE
COMPANY, LANDSTAR RANGER, INC.,
AND ALVIN L. HURT
NOTICE AND ORDER
This is a civil action brought by Plaintiff, Michael Lightfoot (“Plaintiff”), involving claims
for damages as a result of a motor vehicle accident. The matter was removed by defendants,
Landstar Ranger, Inc. and Old Republic Insurance Company (the ‘Removing Defendants”) on July
18, 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 severe injuries which have

caused…severe pain and suffering, loss of enjoyment of life, lost wages and medical expenses,
past, present and future.”3 Plaintiff seeks damages including past, present, and future medical
expenses; past, present, and future general damages for pain, suffering, and “severe emotional
distress;” and “lost wages, and loss of earning capacity” 4 and alleges that his “damages exceed
$50,000.00.”5
Neither Plaintiff’s Petition nor the Notice of Removal set forth the specific injuries
allegedly sustained by Plaintiff, the amount of lost wages claimed, or the medical expenses thus

1

R. Doc. 1.
R. Doc. 1, ¶ 5.
3
R. Doc. 1-1, ¶ 8.
4
R. Doc. 1-1, ¶ 8.
5
R. Doc. 1-1, ¶ 10.
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far incurred. While the Removing Defendants assert that “counsel has followed up with counsel
for plaintiff who advises that the damages will exceed $75,000…,” the Removing Defendants have
not provided any additional explanation or support for this assertion (such as correspondence,
responses to discovery requests, offers of stipulation, etc.).
Based on the allegations set forth in the Petition, as well as the information asserted in the
Notice of Removal and attached thereto, 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, Landstar Ranger, Inc. and Old Republic Insurance
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 July 20, 2017.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE

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