Whitmore et al v. American Dream Logistics, Inc. et al

Filing 20

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs may file a stipulation in conformity with this Memorandum and Order by August 5, 2011. Signed by Honorable Rodney W. Sippel on 7/29/11. (LAH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LUTHER WHITMORE, et al.,

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Plaintiffs,
vs.
AMERICAN DREAM LOGISTICS,
INC., et al.,
Defendants.

Case No. 4:11CV1170 RWS
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MEMORANDUM AND ORDER
This matter is before me on plaintiffs’ motion for remand. Plaintiffs initially sought
remand on the ground that a newly-joined defendant, Penske Truck Leasing Co., L.P., would
destroy diversity jurisdiction. After defendants demonstrated that this was not the case, I gave
plaintiffs leave to file a reply brief explaining why remand remained appropriate. In reply,
plaintiffs now argue that the amount in controversy does not exceed the jurisdictional minimum of
$75,000.00. However, plaintiffs made a settlement demand in this wrongful death case for the
limits of the insurance policy, which defendants have demonstrated are $1,000,000.00.1 If
plaintiffs’ counsel wishes to clarify that plaintiffs’ claims do not exceed the jurisdictional
minimum, then I will allow him to file an appropriate stipulation signed by him and his clients
stating that they will neither seek nor accept more than $75,000.00 in this case. Otherwise, based
on the information now before me, I believe defendants have met their burden to establish that the
jurisdictional minimum is met in this case. Plaintiffs allege wrongful death arising out of a motor
vehicle accident, and the decedent is survived by a minor child. Additionally, even though

1

This information was provided by defendants in support of its Notice of Removal.

plaintiffs only need to pray for damages in excess of $25,000.00 in Missouri state court for
jurisdictional purposes, the face of the state court petition and the amended complaint both clearly
state that the amount claimed exceeds $50,000.00. When this evidence is combined with the
settlement demand for the limits of a $1,000,000.00 insurance policy, absent an appropriate
stipulation I believe defendants have met their burden of establishing that diversity jurisdiction
exists in this case.
I will give plaintiffs until August 5, 2011 to file a stipulation in conformity with this
Memorandum and Order. Otherwise, I will deny the motion for remand. Finally, all filings in
this case must comply with Local Rule 5-2.17(A)(2) as it is the parties’ responsibility to
redact the name of the minor plaintiff from their filings.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs may file a stipulation in conformity with this
Memorandum and Order by August 5, 2011.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 29

day of July, 2011.

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