Patsoureas v. Choice Hotels International, Comfort Suites, and SNK Hotels, Inc.
Filing
18
ORDER denying pltf's motion for remand 10 . (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/24/17. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
STEVE G. PATSOUREAS,
:
:
Plaintiff
:
:
v.
:
:
CHOICE HOTELS INTERNATIONAL, :
COMFORT SUITES, and SNK
:
HOTELS, INC.,
:
:
Defendants
:
CIVIL ACTION NO. 1:17-CV-555
(Chief Judge Conner)
ORDER
AND NOW, this 24th day of July, 2017, upon consideration of the motion
(Doc. 10) to remand filed by plaintiff Steve G. Patsoureas (“Patsoureas”), wherein
Patsoureas avers that the amount in controversy sub judice is less than $75,000,
precluding federal jurisdiction, (id. at 2), and further upon consideration of the
response (Doc. 17) of defendants Choice Hotels International, Comfort Suites, and
SNK Hotels, Inc.1 (“Choice Hotels”), wherein Choice Hotels remonstrate that
Patsoureas pleads damages of at least $50,000 based on Pennsylvania law, (Doc. 17
at 3); see 42 PA. STAT. & CONS. STAT. ANN. § 7361(a)-(b), an amount sufficient for
federal jurisdiction, (Doc. 17 at 4-8), and the court observing that as the parties
asserting jurisdiction, Choice Hotels bear the burden of proving that the matter is
properly before the federal court, see Frederico v. Home Depot, 507 F.3d 188, 193
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Defendants aver that “SNK Hotels, LLC” is the correct name for SNK
Hotels, Inc. and that “Comfort Suites” is a fictitious trade name. (Doc. 17 at 1 n.1).
For the sake of brevity, the court will refer to defendants as “Choice Hotels.”
(3d Cir. 2007) (citations omitted); Steel Valley Auth. v. Union Switch & Signal Div.,
809 F.2d 1006, 1010 (3d Cir. 1987) (citing Abels v. State Farm Fire & Cas. Co., 770
F.2d 26, 29 (3d Cir. 1985)); and that they must establish that the instant matter is
between citizens of different states and that the amount in controversy, exclusive of
interest and costs, exceeds $75,000, see 28 U.S.C. § 1332(a); and that the parties do
not dispute diversity of citizenship, (see Doc. 14; Doc. 17 at 4), and the court further
observing that a plaintiff cannot destroy jurisdiction after removal by merely
stipulating to damages below the jurisdictional threshold, Angus v. Shiley Inc., 989
F.2d 142, 145 (3d Cir. 1993) (citing St. Paul Mercury Indem. Co. v. Red Cab Co., 303
U.S. 283, 292 (1938)), and that we must evaluate an open-ended claim, such as the
one pled herein, not by the low end of the claim, but rather by a reasonable reading
of the value of the plaintiff’s damages, id. at 146 (citations omitted); Rigney v.
Felicia, 433 F. Supp. 2d 534, 537 (E.D. Pa. 2006), such that we may remand only if we
determine that Patsoureas cannot recover the jurisdictional amount to a “legal
certainty,” see Frederico, 507 F.3d at 196-99 (citing Samuel-Bassett v. KIA Motors
America, Inc., 357 F.3d 392, 398; Red Cab, 303 U.S. at 586), and the court noting that
Patsoureas does not plead specific damages in his complaint, only damages in
excess of the mandatory arbitration amount, which is $50,000 (Doc. 2 at 7), and the
court agreeing with Choice Hotels, (see Doc. 17-4), that a reasonable reading of the
complaint indicates that Patsoureas’s medical and lost income damages could be
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greater than $75,000, see Rigney, 433 F. Supp. 2d at 537, and the court concluding
that the complaint does not demonstrate that Patsoureas’s damages could not
exceed the jurisdictional threshold to a legal certainty, see Frederico, 507 F.3d at
199, it is hereby ORDERED that the motion (Doc. 10) for remand is DENIED.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
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