Simon et al v. Erie Insurance Co et al

Filing 22

JURISDICTIONAL Amount Review Ruling. Signed by Magistrate Judge Patrick J Hanna on 9/7/2010. (crt,Kennedy, T)

- P J H Simon et al v. Erie Insurance Co et al

Do c. 22

U N IT E D STATES DISTRICT COURT W E S T E R N DISTRICT OF LOUISIANA L A F A Y E T T E -O P E L O U S A S DIVISION M A R K A. SIMON, D IA N N E P. SIMON V S. E R I E INDEMNITY COMPANY, A L L S T A T E INDEMNITY COMPANY, M A R L O N K. BAESE C I V I L ACTION NO. 10-338

J U D G E MELANCON M A G I S T R A T E JUDGE HANNA

O R D E R REGARDING JURISDICTIONAL AMOUNT T h e record shall reflect that this court has conducted a review of the jurisdictional a m o u n t in this case, including the Memorandum of Jurisdictional Amount submitted by d e f e n d a n ts, and concludes that it appears that jurisdictional amount exists. In their m e m o r a n d u m , defendants stated plaintiff, prior to the accident, had both a cervical fu s io n and discectomy and laminectomy as a result of the prior back injury. Defendants state " [u ]p o n information and belief, Simon had a three-level cervical fu sio n in May 2010 and allegedly continues to experience pain. " 1 Defendants also state h e has allegedly attended twenty-four (24) sessions of physical therapy, has missed w o r k , and has incurred approximately $7, 8 0 9 . 0 0 in medical expenses, not including the th r e e -le v e l fusion. 2 A d d itio n a lly, in accordance with the United States Supreme Court's decision in
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Memorandum of Jurisdictional Amount (Rec. Doc. 21), p. 2. Ibid. 1

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Dockets.Justia.com

E x x o n Mobil Corp. v. Allapattah Services, Inc.,545 U.S. 546, 125 S.Ct. 2611 (2005) this co u rt may exercise supplemental jurisdiction over the derivative and related claims of Mr. S im o n 's wife, Dianne P. Simon, under 28 U.S.C. §1367(a). S ig n e d this 7 th day of September, 2010, at Lafayette, Louisiana.

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