Marsar v. Smith & Nephew, Inc.
Marsar v. Smith & Nephew, Inc.
Opinion of the Court
ORDER
BEFORE THE COURT is Plaintiffs Motion for Remand (Dkt. 18) and Defendants’ Motion to Supplement Their Notice of Removal, filed by Donna Petroff and Eric Haertle (Dkt. 19). Upon consideration, Defendants’ Motion to Supplement Their Notice of Removal (Dkt. 19) is GRANTED. Plaintiffs Motion for Remand (Dkt. 18) is DENIED.
Plaintiffs only challenge to diversity jurisdiction is that Defendants have not met their burden of proving the requisite jurisdictional amount in controversy, pointing out that she has only made a claim for unspecified damages (i.e., damages in excess of $15,000). Where, as here, a plaintiff makes an unspecified demand for damages, the defendant must prove by a preponderance of the evidence that the amount in controversy exceeds the jurisdictional threshold. Roe v. Michelin North America, Inc., 613 F.3d 1058, 1061 (11th Cir. 2010). And where, as here, it is facially apparent from the complaint itself that the amount in controversy exceeds the jurisdictional minimum, removal is proper. Id.
A review of the original and amended wrongful death complaints filed in state court, including reasonable deductions and inferences made therefrom, re
Moreover, Defendant has submitted a Proof of Claim filed on behalf of Plaintiff with the Bankruptcy Estate of Defendant Triad Group, Inc., and signed by the same attorney representing Plaintiff in this case, in which Plaintiffs claim is valued at $10,000,000. See Proof of Claim (Dkt. 19), pp. 5-6.
. A Court may make " ‘reasonable deductions, reasonable inferences, or other reasonable extrapolations’ from the pleading to determine whether it is facially apparent that a case is removable.” Id. at 1061-62 (quoting Pretka v. Kolter City Plaza II, Inc., 608 F.3d 744, 754 (11th Cir. 2010)).
. A defendant may supplement its notice of removal with post-removal evidence of jurisdiction. See Pretka, 608 F.3d at 773-74.
Reference
- Full Case Name
- Ruth MARSAR, individually, and as Personal Representative of the Estate of Joseph Richard Marsar, Jr. v. SMITH AND NEPHEW, INC., a Tennessee corporation
- Status
- Published