Mahdy v. Illinois Tool Works Inc

Filing 13

ORDER requiring submission on jurisdictional amount. IT IS ORDERED that on or before 10/28/2009, the defendant shall file a memorandum setting forth specific facts in controversy which support a finding that the jurisdictional amount exists. Supporting documentation and/or affidavits are advisable. Signed by Magistrate Judge C Michael Hill on 10/07/09. (crt,Yocum, M)

U N IT E D STATES DISTRICT COURT W E S T E R N DISTRICT OF LOUISIANA A S H L E Y MAHDY V ER SU S I L L IN O I S TOOL WORKS, INC. * * * C I V I L NO. 2:09-cv-1480 J U D G E MELANCON M A G I S T R A T E JUDGE HILL

O R D E R REQUIRING SUBMISSION ON JURISDICTIONAL AMOUNT T h is case was removed from a local state court based on the defendant's allegation that the m a tte r in controversy exceeds $75,000 and that this court therefore has diversity jurisdiction under 2 8 U.S.C. §1332. Defendant's allegation as to the amount in controversy is unsupported by s u f f i c ie n t specific facts. A removing defendant must prove by a preponderance of the evidence that the amount in c o n tro v e rs y exceeds $75,000 by either (1) demonstrating that it is facially apparent that the claims a re likely above $75,000 or (2) setting forth the specific facts in controversy that support a finding o f the jurisdictional amount. Simon v. WalMart Stores, 193 F.3d 848 (5 th Cir. 1999); Luckett v. D e lta Airlines, Inc., 171 F.3d 295 (5 th Cir. 1999). In accordance with state law,1 in her original complaint, plaintiff has not specified the n u m e r ic a l value of her damage claim, and the jurisdictional amount is not otherwise "facially a p p a re n t" from the original complaint. Furthermore, the defendant has failed to set forth sufficient

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La. Code Civ. P. art. 893.

s p e c if ic facts to establish jurisdiction.2 I T IS THEREFORE ORDERED that or on before October 28, 2009, the defendant s h a ll file a memorandum setting forth specific facts in controversy which support a finding that th e jurisdictional amount exists. Supporting documentation and/or affidavits are advisable. S ig n e d this 7 th day of October, 2009, at Lafayette, Louisiana.

Relevant jurisdictional facts which should be included in the removal notice when available include the f o l l o w i n g : (1) a description of the nature and severity of plaintiff's injuries and alleged damages; (2) plaintiff's c u r r e n t diagnosis, including whether the plaintiff has undergone or is expected to undergo surgery, and the nature th e re o f; (3) duration of medical treatment; (4) dollar amount of medicals incurred to date; (5) dollar amount of m e d ic a ls which plaintiff will probably incur in the future based upon the current medical diagnosis; (6) lost wages in c u r r e d to date; (7) lost wages which plaintiff will probably incur in the future based upon the current medical d ia g n o s is ; and (8) citations to case law involving similar facts and injuries which reflect verdicts in the amount of $ 7 5 , 0 0 0 . 0 0 or more.

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