Akinrolabu v. Russet KinderCare et al

Filing 16

MEMORANDUM. Signed by Judge J. Frederick Motz on 3/20/2017. (bas, Deputy Clerk)

fILED

..!J;S;,P:'STRICr COURT

IN THE UNITED STATES DISTRICT

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FOR THE DISTRICT OF MARYLAWPi
GRACIE AKINROLABU

v.
RUSSET KINDERCARE, ET AL.

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MEMORANDUM

Plaintiff has filed a motion to remand this case to the Circuit Court for Anne Arundel
County, Maryland. The motion will be granted.
Plaintiff claims damages only in the amount of $74,999.00 in her complaint. Defendant
contends that nevertheless the action should not be remanded because plaintiff has made
settlement demands in excess of $75,000.00 and because the wrong alleged - personal injuries
suffered as an alleged result of an allergic food reaction at defendants' childcare centerinherently have a value of more than $75,000.
Defendants' concerns are not frivolous. However, they can be handled by appropriate
management of the case in the Circuit Court for Anne Arundel County, i.e., the court there can
refuse to permit plaintiff to seek $74,999.00 or more in damages based upon the history of this
litigation that is now being established.

A separate order effecting the ruling made in this memorandum is being entered
herewith.

Date:

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J.jrederick Motz
United States District Judge