Brown v. Miller Auto Leasing

District Court, S.D. New York

Brown v. Miller Auto Leasing

Trial Court Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: monn nnn nnn nnn aren nnn mannan KK DATE FILED:_ 8/11/2022 SHANNA BROWN, : Plaintiff, : : 22-cv-2431 (LJL) -v- : : ORDER MILLER AUTO LEASING, AJAQUA HAWKINS, : Defendant. :

wn ee KX LEWIS J. LIMAN, United States District Judge: The Court held an initial pretrial conference in this matter on August 10, 2022. At the conference, the Court inquired about the basis for Defendants’ assertion in their Notice of Removal that “[u]pon information and belief, plaintiffs alleged amount in controversy will be claimed to be in excess of the $75,000.00 threshold.” Dkt. No. 1 at 3. Counsel for Plaintiff represented that Plaintiff was seeking more than $75,000.00 in damages, explaining that Plaintiff suffered injuries to various body parts, including her neck, back, knees, and hip; that she may need surgery if physical therapy does not resolve the injuries; and that she was out of work as a result of the accident. As stated at the conference, the Court is satisfied that there is a “reasonable probability” that Plaintiffs claim for damages meets the amount-in-controversy requirement for diversity jurisdiction. See Scherer v. Equitable Life Assurance Society of U.S.,

347 F.3d 349

, 397 (2d Cir. 2003) (quoting Tangkook Am., Inc. v. Shipton Sportswear Co.,

14 F.3d 781, 784

(2d Cir. 1994)).

SO ORDERED.

Dated: August 11, 2022 we AVE na New York, New York LEWIS J. LIMAN United States District Judge

Reference

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