Benik v. LVGV, LLC

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA MICHAEL BENIK, Case No. 2:21-cv-00623-APG-EJY

Plaintiff, ORDER DENYING MOTION TO v. REMAND

LVGV, LLC D/B/A THE M RESORT SPA [ECF Nos. 7, 10] CASINO, A FOREIGN LIMITED LIABILITY CORPORATION; DOE INDIVIDUALS 1-10, DOE EMPLOYEES 11-20; AND ROE CORPORATIONS 21-30 ,

Defendants.

Plaintiff Michael Benik filed two motions to remand this case to state court. ECF Nos. 7 10. Defendant LVGV, LLC’s petition to remove the case adequately alleged that diversity of citizenship existed. ECF No. 1 at 1. And at the time of removal, Benik had alleged he had incurred over $71,000.00 in past medical expenses. ECF No. 1-5 at 2. The “amount in controversy is assessed as of the time of removal,” and subsequent changes to that amount do not defeat diversity jurisdiction. Chavez v. JPMorgan Chase & Co., 888 F.3d 413, 417 (9th Cir. 2018). Thus, this case was properly removed to this court.

I THEREFORE ORDER that plaintiff Michael Benik’s two motions to remand (ECF Nos. 7. 10) are denied.

DATED this 28th day of July, 2021.

UNITED STATES DISTRICT JUDGE