Petitphait v. Progressive Corporation
Filing
9
MEMORANDUM AND ORDER- On the court's own motion, Plaintiffs Complaint (filing no. 1 ) is dismissed without prejudice because this court lacks subject-matter jurisdiction. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Richard G. Kopf. (MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RAFAEL J. PETITPHAIT,
Plaintiff,
v.
THE PROGRESSIVE
CORPORATION,
Defendant.
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8:11CV114
MEMORANDUM
AND ORDER
This matter is before the court on its own motion. On May 25, 2011, the court
entered a Memorandum and Order stating its concerns regarding whether subjectmatter jurisdiction in this court is proper. (Filing No. 7.) The court permitted Plaintiff
the opportunity “to file sufficient evidence with the court showing that the amount in
controversy is greater than $75,000.00, the jurisdictional amount.” (Id. at CM/ECF
p. 4.) On June 23, 2011, Plaintiff filed a “Statement of Evidence” in response to the
court’s May 25, 2011, Memorandum and Order. (Filing No. 8.)
In his Statement of Evidence, Plaintiff included a statement of medical bills
incurred between February 15, 2010, and September 1, 2010, totaling $2,895.00. (Id.
at CM/ECF pp. 5-6.) Plaintiff also asserts that, while he doesn’t “have an exact
monetary value for the damages,” he expects to “continue [his] treatment for a
minimum of 1 (one) year as most accident victims do at 3 (three) visits a week,” and
that such treatment would cost $15,054.00. (Id. at CM/ECF p. 1.) Thus, Plaintiff’s
alleged damages total $17,949.00. (Id.) The remainder of Plaintiff’s Statement of
Evidence argues the merits of his underlying claims. (Id.) After carefully reviewing
Plaintiff’s Statement of Evidence, the court finds that the amount in controversy is far
less than the $75,000.00 jurisdictional amount.
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Complaint (filing no. 1) is dismissed without prejudice
because this court lacks subject-matter jurisdiction.
2.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 17 th day of August, 2011.
BY THE COURT:
Richard G. Kopf
United States District Judge
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