DAUGHERTY v. DOLLAR TREE STORES, INC.
DAUGHERTY v. DOLLAR TREE STORES, INC.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION
JENNIFER S. DAUGHERTY, ) ) Plaintiff, ) ) v. ) No. 2:21-cv-00012-JPH-MJD ) DOLLAR TREE STORES, INC., ) ) Defendant. )
SHOW CAUSE ORDER On January 6, 2021, Defendant filed a notice of removal, alleging that this Court has diversity jurisdiction over this matter. Dkt. 1. For the Court to have diversity jurisdiction over the parties, the amount in controversy must exceed "$75,000, exclusive of interest and costs."
28 U.S.C. § 1332. On January 21, 2021, Plaintiff filed a stipulation as to damages, stipulating that her damages will not exceed the $75,000 jurisdictional limit. Dkt. 10. Counsel has an obligation to analyze subject-matter jurisdiction, Heinen v. Northrop Grumman Corp.,
671 F.3d 669, 670(7th Cir. 2012), and a federal court always has the responsibility to ensure it has jurisdiction. Hukic v. Aurora Loan Servs.,
588 F.3d 420, 427(7th Cir. 2009). The Court's obligation includes knowing the details of the underlying jurisdictional allegations. See Evergreen Square of Cudahy v. Wis. Hous. and Econ. Dev. Auth.,
776 F.3d 463, 465(7th Cir. 2015) ("the parties' united front is irrelevant since the parties cannot confer subject-matter jurisdiction by agreement…and federal courts are obligated to inquire into the existence of jurisdiction sua sponte"). Therefore, the Court ORDERS Defendant to SHOW CAUSE by February 22, 2021 why the Court should not remand this case for insufficient amount in controversy. SO ORDERED. Date: 1/22/2021 jams Patnick \bawlove James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: Molly Elizabeth Lee LEWIS WAGNER LLP [email protected] George Burton Tofaute TOFAUTE & SPELMAN tslaw [email protected] Daun Antoinette Weliever LEWIS WAGNER LLP [email protected]
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