Hebert et al v. Bank of America, N.A. et al

Filing 23

ORDER denying 11 Motion to Remand to State Court. So Ordered by Judge Paul J. Barbadoro.(jna)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Francis Hebert, et al.
v.

Case No. 14-cv-541-PB
Opinion No. 2015 DNH 172

Bank of America, N.A.

O R D E R
Francis Hebert has filed a motion to remand, alleging that
the court lacks diversity jurisdiction because the $75,000
amount in controversy requirement cannot be satisfied.

The

defendant opposes the motion.
Hebert concedes that the amount in dispute in this case is
approximately $25,000.

Defendant argues that this concession

satisfies the amount in controversy requirement because the
original complaint included a statutory claim for treble damages
and attorneys’ fees.

I agree.

Although Hebert has filed an amended complaint that omits
his treble damages claim, the amount in controversy requirement
must be determined as of the date that the original complaint is
filed.

Subsequent events such as the filing of an amended

complaint that reduce the amount in controversy will not deprive
the court of jurisdiction.

Poore v. American-Amicable Life Ins.

Co., 218 F.3d 1287, 1289, 1291 (11th Cir. 2000); see also
Coventry Sewage Assocs. v. Dworkin Realty Co., 71 F.3d 1, 7 (1st

Cir. 1995) (court not deprived of jurisdiction by change of
events after complaint is filed).

Nor does the availability of

a defense to an asserted claim affect the amount in controversy
determination.

Scherer v. Equitable Life Assurance Soc’y of the

U.S., 347 F.3d 394, 397 (2nd Cir. 2003).
The defendant has met its burden to show that the amount in
controversy exceeds $75,000.

The motion to remand (doc. no. 11)

is denied.
SO ORDERED.
/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
September 9, 2015
cc:

John F. Skinner, III, Esq.
Keith A. Matthews, Esq.
Thomas J. Pappas, Esq.

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