Louis W. Carbins, Jr., et al. v. Vroom Automotive, LLC, et al.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION LOUIS W. CARBINS, JR., ET AL. CASE NO. 6:23-CV-00830 VERSUS JUDGE ROBERT R. SUMMERHAYS VROOM AUTOMOTIVE, LLC, ET AL. MAGISTRATE JUDGE DAVID J. AYO ORDER Federal courts “have a continuing obligation to examine the basis for their jurisdiction,” and the issue may be raised “by the court sua sponte, at any time.”1 Plaintiffs bring this suit for a violation of the Texas Deceptive Trade Practices Act, alleging the Court has diversity jurisdiction under 28 U.S.C. § 1332.2 That statute provides this Court with original jurisdiction over claims where (1) the amount in controversy exceeds $75,000, and (2) the action is between citizens of different states. Id. § 1332(a)(1). The party seeking to invoke federal diversity jurisdiction bears the burden of establishing the amount in controversy exceeds $75,000 by a preponderance of the evidence.3 Here, it is not apparent from the Complaint that Plaintiffs’ claim exceeds the jurisdictional amount. Accordingly, IT IS HEREBY ORDERED that on or before May 20, 2026, Plaintiff Heidi Carbins is to SUBMIT a Motion in Support of Jurisdiction, demonstrating that the value of her injuries exceeded $75,000 at the time the Complaint was filed. On or before June 3, 2026, Defendant may file a response. On or before June 17, 2026, Ms. Carbins may file a reply.

1 MCG, Inc. v. Great W. Energy Corp., 896 F.2d 170, 173 (5th Cir. 1990).

2 ECF No. 1.

3 Garcia v. Koch Oil Co. of Texas Inc., 351 F.3d 636, 638 (5th Cir. 2003); Hartford Ins. Group v. Lou-Con Inc., 293 F.3d 908, 910 (5th Cir. 2002).

IT IS FURTHER ORDERED that the trial of this matter is REMOVED from the Court’s trial docket, pending a determination of whether subject matter jurisdiction is preset.

THUS DONE in Chambers on this 29th day of April, 2026.

ROBERT R. a A UNITED STATES DISTRICT JUDGE Page 2 of 2