Perry v. Dillards, Inc.
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants shall show cause in writing on or before Monday, February 11, 2013, why this matter should not be remanded or dismissed for lack of subject matter jurisdiction. Show Cause Response due by 2/11/2013. Signed by District Judge Audrey G. Fleissig on 2/1/2013. (KSM)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
VALERIE PERRY by and through
JEFFREY PERRY as Next Friend,
Case No. 4:12CV01127AGF
MEMORANDUM and ORDER
This matter is before the Court on its own motion. “It is well established that a court
has a special obligation to consider whether it has subject matter jurisdiction in every case.
This obligation includes the concomitant responsibility ‘to consider sua sponte [the court’s
subject matter] jurisdiction . . . where . . . [the court] believe[s] that jurisdiction may be
lacking.’” Hart v. U.S., 630 F.3d 1085,1089 (8th Cir. 2011) (quoting Clark v. Baka, 593
F.3d 712, 714 (8th Cir. 2010) (per curiam)).
Upon review of the file, the Court questions whether the $75,000.00 jurisdictional
amount in controversy requirement can be satisfied here. Defendant, the removing party and
the party invoking federal jurisdiction, must prove the requisite amount by a preponderance
of the evidence. In re Minn. Mut. Life Ins. Co. Sales Practices Litig., 346 F.3d 830, 834 (8th
Cir. 2003). To satisfy that standard, Defendant must offer “some specific facts or evidence
demonstrating that the jurisdictional amount has been met.” Hill v. Ford Motor Co., 324 F.
Supp.2d 1028, 1036 (E.D. Mo. 2004).
IT IS HEREBY ORDERED that Defendants shall show cause in writing on or before
Monday, February 11, 2013, why this matter should not be remanded or dismissed for lack
of subject matter jurisdiction.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 1st day of February, 2013.
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