Dubois v. Sears Roebuck & Co et al

Filing 18

REMAND RULING AND ORDER: Based on the facts presented and the stipulations by the parties made a part of the record, the undersigned determines that Plaintiffs claimed damages as articulated in the pleadings are not sufficient to meet the jurisdictio nal amount requirement, and therefore, the amount in controversy necessary to establish diversity jurisdiction has not been met and this case should be remanded to state court. Accordingly, IT IS ORDERED, ADJUDGED AND DECREED that this case is hereby REMANDED to the 15th JDC, Lafayette Parish, Louisiana. Signed by Magistrate Judge Patrick J Hanna on 5/1/2013. (crt,Putch, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
CANDACE DUBOIS

CIVIL ACTION NO. 13-CV-134

VERSUS

JUDGE HAIK

SEARS ROEBUCK & COMPANY

MAGISTRATE JUDGE HANNA

REMAND RULING AND ORDER
On January 18, 2013, this case was removed to federal court from the 15th
Judicial District Court, Parish of Lafayette, State of Louisiana on the basis of
diversity jurisdiction. On March 13, 2013, the undersigned conducted a review of the
pleadings and concluded that the requirements for diversity jurisdiction had not been
satisfied. Specifically, the undersigned found that the requisite jurisdictional amount
was not apparent from the petition1, the removal notice, or the other pleadings filed
as of that date because the facts alleged were not sufficient for a determination
whether the amount in controversy exceeds the $75,000.00 jurisdictional threshold
requirement. The parties were ordered to file memoranda on the issue, with
summary-judgment-type supporting evidence of an adequate jurisdictional amount
in controversy. [Rec. Doc. 14]
1

In the petition, Plaintiff alleges that as the result of a trip and fall on the escalator at the
Lafayette Sears store, she fell to the ground, injuring her back, right knee and right leg, suffering
“extreme pain, discomfort and disability.” [Rec. Doc. 1-2, para. 21] She alleges she has been
forced to undergo medical treatment and has suffered restrictions and limitations on her
activities. [Rec. Doc., 1-2, para. 22] Plaintiff did not request a trial by jury.

The removing defendant Sears Roebuck & Company, along with CBS
Corporation, responded to the briefing order as instructed on April 25, 2013,
submitting evidence of Plaintiff Candace Dubois’ execution of an “Irrevocable
Stipulation and Agreement” declaring that the amount in controversy in this matter
does not exceed the sum of $75,000, and that she will “neither seek, nor accept an
award of damages in this Court or State Court in Excess of $75,000, exclusive of
interest and costs.” [Rec. Doc. 17-1, para. 2-3] The agreement includes Candace
Dubois’ agreement for the action to be remanded to state court. [Rec. Doc. 17-1, para.
4]
A federal court has the continuing duty to examine jurisdiction throughout a
proceeding, concomitantly raising the issue sua sponte if need be. United States v.
Muhammad, 165 F.3d 327, 330 (5th Cir.1999). Based on the facts presented and the
stipulations by the parties made a part of the record, the undersigned determines that
Plaintiff’s claimed damages as articulated in the pleadings are not sufficient to meet
the jurisdictional amount requirement, and therefore, the amount in controversy
necessary to establish diversity jurisdiction has not been met and this case should be
remanded to state court.
Accordingly,
IT IS ORDERED, ADJUDGED AND DECREED that this case is hereby
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REMANDED to the Fifteenth Judicial District Court, Lafayette Parish, Louisiana.
Signed this 1st day of May, 2013, at Lafayette, Louisiana.

____________________________
Patrick J. Hanna
United States Magistrate Judge

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