Pellant v. Blakenship et al

Filing 23

ORDER granting 22 Defendants' Motion to Establish the Amount in Controversy for Subject Matter Jurisdiction. Signed by Magistrate Judge William G. Cobb on 10/13/2016. (Copies have been distributed pursuant to the NEF - HJ)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

JEREMIAH PELLANT,

)
)
Plaintiff,
)
)
vs.
)
)
ANTHONY WAYNE BLAKENSHIP,
)
BASIN LOGISTICS, LLC, a foreign limited
)
liability company,
)
)
Defendants.
)
________________________________________)

3:16-cv-00284-WGC
MINUTES OF THE COURT
October 13, 2016

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the Court is Defendants’ Motion to Establish the Amount in Controversy for Subject
Matter Jurisdiction (ECF No. 22). No response has been filed.
Defendants’ motion arises from a hearing this Court conducted on August 24, 2016, at which
time the Court indicated an order directing the removing parties to supply more information about
the amount in controversy would be forthcoming (ECF No. 18 at 2). The following day the Court
entered an Order directing Defendants to demonstrate the amount in controversy exceeds the Court’s
jurisdiction requirements of $75,000 (ECF No. 17). The Court indicated it would be receptive to a
“summary judgment type evidence” showing by a preponderance of the evidence that the
jurisdictional threshold has been satisfied. Id. at 3.
Defendants’ Motion to Establish the Amount in Controversy for Subject Matter Jurisdiction
followed (ECF No. 22). Defendants have submitted satisfactory evidence which establishes that
to date Plaintiff’s medical bills incurred as a result of the subject accident approximate $41,000±.
(Id. at 4). Plaintiff’s treatment for post-traumatic stress disorder is on-going. (Id. at 6). Defendants
state Plaintiff is claiming approximately $1,500± in wage loss and $3,000± in property damages
“totaling $40,000" and also an award of attorney’s fees and costs. (Id at 5; emphasis in the original).
///

MINUTES OF THE COURT
3:16-cv-00284-WGC
October 13, 2016
Page Two

The Court finds, therefore, that Defendants have adequately established that the amount in
controversy exceeds $75,000 and that as a result the Court may entertain jurisdiction herein based
upon diversity of citizenship. 28 U.S.C. § 1332(a); Rains v. Criterion Systems, Inc., 80 F.3d 339, 342
(9th Cir. 1996); Kroske v. U.S. Bank Corp., 432 F.3d 976, 980 (9th Cir. 2006).
Defendants’ Motion (ECF No. 22) is GRANTED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk