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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?