Scott et al v. Corizon Health, Inc. et al

Filing 9

ORDER - Defendant shall have 20 days to establish the minimum amount in controversy for the exercise of diversity jurisdiction (due by 2/6/2014). Signed by Judge Larry R. Hicks on 01/17/2014. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

YVONNE SCOTT; et al.,

10

Plaintiffs,

11

v.

12

CORIZON HEALTH, INC.,

13

Defendant.

)
)
)
)
)
)
)
)
)
)

3:14-CV-0004!LRH!VPC
ORDER

14
15
16

Before the court is defendant Corizon Health, Inc.’s (“Corizon”) amended notice of
removal. Doc. #3.1

17

“[A]ny civil action brought in a State court of which the district courts of the United States

18

have original jurisdiction, may be removed by the defendant or the defendants, to the district court

19

of the United States.” 28 U.S.C. § 1441(a). After a party files a petition for removal, the court must

20

determine whether federal jurisdiction exists, even if no objection is made to removal. See Rains v.

21

Criterion Systems, Inc., 80 F.3d 339, 342 (9th Cir. 1996).

22

The district courts of the United States have original jurisdiction of civil actions when the

23

suit is between citizens of different states and the amount in controversy, exclusive of interest and

24

costs, exceeds $75,000. 28 U.S.C. § 1332(a). If a complaint does not specify the amount of

25

damages, “the removing defendant bears the burden of establishing, by a preponderance of the

26
1

Refers to the court’s docket

1

evidence, that the amount in controversy exceeds $[75],000.” Sanchez v. Monumental Life Ins. Co.,

2

102 F.3d 398, 404 (9th Cir. 1996). “The court may consider facts in the removal petition and may

3

require parties to submit summary-judgment-type evidence relevant to the amount in controversy at

4

the time of removal.” Kroske v. U.S. Bank Corp., 432 F.3d 976, 980 (9th Cir. 2006) (internal

5

quotation marks omitted).

6

After review of the complaint and Corizon’s petition for removal, the court finds it requires

7

more evidence to determine whether it has subject matter jurisdiction over this case. In particular,

8

the court notes that the petition for removal acknowledges that plaintiffs’ amended complaint “does

9

not allege a specific amount of damages sought for each claim.” Doc. #3. Jurisdiction will only

10

exist if Corizon can present “summary-judgment-type evidence” to establish by a preponderance of

11

the evidence that this case meets § 1332(a)’s amount in controversy requirement. Corizon is

12

therefore granted leave to present evidence in order to establish that this action involves the

13

requisite amount in controversy.

14
15

IT IS THEREFORE ORDERED that defendant shall have twenty (20) days from the filing

16

of this order to establish the minimum amount in controversy for the exercise of diversity

17

jurisdiction.

18

IT IS SO ORDERED.

19

DATED this 17th day of January, 2014.

20
21
22

__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

23
24
25
26
2