Skoda v. Lilly USA LLC

Filing 52

ORDER. IT IS HEREBY ORDERED: This matter is REMANDED to the District Court for the Seventh Judicial District, Becker County, Minnesota 51 . (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/10/13. (GRR) cc: Frederick Skoda. Modified on 1/11/2013 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

FREDERICK SKODA,
Plaintiff,

v.

ORDER
Civil File No. 10-4865 (MJD/LIB)

LILLY USA LLC, a/k/a
Eli Lilly & Co.,
Defendant.
Frederick Skoda, pro se.
Kyle T. Fogt, Daniel G. Wilczek, Ellen E. Boshkoff, and Amanda L. Shelby,
Faegre Baker Daniels LLP, for Defendant.

On July 22, 2011, this Court entered its Order and Judgment denying
Plaintiff’s Motion for Remand and granting Defendant’s Motion to Dismiss. On
August 8, 2012, the Eighth Circuit Court of Appeals issued its opinion in this
matter, holding that this Court erred in its determination of the amount in
controversy and that Plaintiff Frederick Skoda’s maximum award, aside from
attorney’s fees, is only $14,115. The Eighth Circuit remanded the matter for this
Court “to consider whether Skoda can satisfy the $75,000 amount-in-controversy
1

requirement by adding reasonable attorney’s fees that may be recovered under
section 181.171, subdiv. 3.” The Court ordered the parties to brief the amount-incontroversy issue in light of the Eighth Circuit’s opinion. Each party filed a
response agreeing that this matter should be remanded. The Court concludes
that, based on the Eighth Circuit Court of Appeals’ determination that Skoda’s
maximum award, aside from attorney’s fees is $14,115, the amount in
controversy, even assuming a generous amount of attorney’s fees, cannot meet
the $75,000 jurisdictional requirement. It is simply not plausible that Skoda will
incur more than $60,000 in pursuing this relatively straightforward employment
case.
Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
This matter is REMANDED to the District Court for the Seventh
Judicial District, Becker County, Minnesota.

Dated: January 10, 2013

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court

2