Ortego v. Merial L L C

Filing 7

JURISDICTIONAL Amount Review Ruling finding it likely the amount in controversy exceeds the jurisdictional minimum. No further briefing is required. Signed by Magistrate Judge Patrick J Hanna on 05/06/10. (crt,Yocum, M)

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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 J O H N ORTEGO V ER SU S M E R I A L , LLC C I V I L ACTION 10-510 J U D G E HAIK MAGISTRATE JUDGE HANNA J U R I S D I C T I O N A L AMOUNT REVIEW D e f e n d a n t removed this action from a Louisiana state court based on diversity ju risd ictio n under 28 U.S.C. §1332. In its Notice of Removal, defendant specifically item ized the likely damages due in this lawsuit for the death and illness of plaintiff's D o b e rm a n Pinscher breeding dogs allegedly due to defendant's heart worm preventative m ed icatio n . Defendant states these figures are derived from counsel for plaintiff's r e p re s e n ta tio n s and the petition for damages: V a lu e of dogs: 5 dogs at approximately $ 5,000 each - $ 25,000 L o s t dog litters: at least $3,500 V e te rin a ry expenses: at least $1,500 A tto rn e y fees (provided by La. C.C. art. 2545): $50,000 to $75,000 Exemplary or punitive damages: over $75,000 D ef en d an t explains that when attorney's fees are allowed by statute, they are c o n s id e r e d in the amount in controversy, citing Manguno v. Prudential Prop. & Cas. Ins. C o ., 276 F.3d 72, 723 (5 th Cir. 2002). Likewise, defendant argues, exemplary or punitive d a m a g e s should be included in consideration of the amount in controversy, whether they a re likely to be recovered or not. Defendant also states plaintiff's failure to expressly 1 s ta te the amount in controversy was below the jurisdictional minimum for federal court as re q u ire d by La. C.C.P. art. 893 indicates the amount in controversy is above same. T h e case was removed to federal court on March 26, 2010, and plaintiff has not f iled a motion to remand. After review of defendant's well-detailed notice of removal, th e undersigned finds it likely the amount in controversy exceeds the jurisdictional m in im u m , even not considering exemplary or punitive damages. Therefore, no further b rie f in g is required. Lafayette, Louisiana, this 6 th day of May, 2010. 2

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