Moore v. Verdesian Life Sciences US, LLC

Filing 9

MEMORANDUM AND ORDER: This case is before the Court on plaintiff's motion to remand to state court (#7), to which defendant filed a response in opposition (#8). No reply was filed. The only issue presented is whether, in this discrimination case under the Missouri Human Rights Act, the amount in controversy exceeds $75,000 so to invoke this Court's diversity jurisdiction. In the motion, as this Court understands it, plaintiff suggests that he is prepared to submit a binding stipul ation by way of affidavit that the amount in controversy will not exceed $75,000. In the event that stipulation is filed, the motion will be granted. That said, defendant correctly maintains that the amount in controversy as pled in the original state-court petition includes not only damages but also attorney's fees. Plaintiff claims that the combined damages and fees are bound to exceed $75,000. Again, however, should plaintiff file a stipulation that the total amount in controve rsy including damages and attorney's fees will not exceed $75,000, the case will be remanded. Plaintiff shall notify the Court on the matter forthwith. So ordered this 27th day of November, 2017. Signed by District Judge Stephen N. Limbaugh, Jr on 11/27/2017. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
SULAYMAN MOORE, an individual,
Plaintiff,
v.
VERDESIAN LIFE SCIENCES US,
LLC, f/k/a QC CORPORATION,
Defendant.

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Case No. 1:17-CV-167-SNLJ

MEMORANDUM AND ORDER
This case is before the Court on plaintiff’s motion to remand to state court (#7), to
which defendant filed a response in opposition (#8). No reply was filed. The only issue
presented is whether, in this discrimination case under the Missouri Human Rights Act,
the amount in controversy exceeds $75,000 so to invoke this Court’s diversity
jurisdiction. In the motion, as this Court understands it, plaintiff suggests that he is
prepared to submit a binding stipulation by way of affidavit that the amount in
controversy will not exceed $75,000. In the event that stipulation is filed, the motion will
be granted. That said, defendant correctly maintains that the amount in controversy as
pled in the original state-court petition includes not only damages but also attorney’s fees.
Plaintiff claims that the combined damages and fees are bound to exceed $75,000.
Again, however, should plaintiff file a stipulation that the total amount in controversy
including damages and attorney’s fees will not exceed $75,000, the case will be
remanded. Plaintiff shall notify the Court on the matter forthwith.

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So ordered this 27th day of November, 2017.

_______________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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