United States District Court, E.D. Louisiana
ORDER AND REASONS
ANN VIAL LEMMON, UNITED STATES DISTRICT JUDGE
HEREBY ORDERED that Defendants' Motion for Leave to File
Amended and Supplemental Notice of Removal (Doc. #4) is
FURTHER ORDERED that Plaintiff's Motion to Remand (Doc.
#3) is DENIED.
matter is before the court on a motion to remand filed by
plaintiff, Gregory Kennedy, who argues that this matter
should be remanded to the Twenty-Fourth Judicial District
Court, Parish of Jefferson, State of Louisiana because
defendants' notice of removal did not properly state the
grounds for diversity subject matter jurisdiction. It is also
before the court on defendants' motion for leave to amend
the notice of removal to more fully state the citizenship of
defendant, Jacob Reed Kindred.
October 17, 2016, Kennedy, a Louisiana citizen, filed this
action in the Twenty-Fourth Judicial District Court, Parish
of Jefferson, State of Louisiana seeking damages for injuries
that he allegedly sustained in an automobile accident.
Kennedy alleges that on May 13, 2016, he was driving his
pick-up truck on Interstate 10 in Jefferson Parish, Louisiana
when he was struck from behind by a vehicle driven by
Kindred. Kennedy alleges that Kindred was at fault for the
accident and that Kindred and his vehicle were covered by an
insurance policy issued by defendant, The Cincinnati
Insurance Company. As to damages, Kennedy alleges that as a
result of the accident, he:
sustained serious injuries to his neck and back, including
disc herniations, wrists, and other parts of his body,
together with past and future mental anguish and physical
suffering; past and future loss of enjoyment of life; past
and future expenses for medical care; and past and future
loss of earnings and impaired earning capacity[.]
also alleges that his damages exceed the minimum amount
necessary for “federal diversity jurisdiction.”
November 22, 2016, Cincinnati, with Kindred's consent,
removed this lawsuit to the United States District Court for
the Eastern District of Louisiana alleging diversity subject
matter jurisdiction under 28 U.S.C. § 1332(a).
Cincinnati alleges that the parties are diverse. Kennedy is a
citizen of Louisiana. Cincinnati is a citizen of Ohio,
because it is a corporation organized under the laws of, and
maintaining its principal place of business in, Ohio.
See 28 U.S.C. § 1332(c)(1) (a corporation is a
citizen of every state by which it has been incorporated and
where it has its principal place of business). Kindred is a
citizen of Indiana who temporarily resides in Louisiana to
attend school. With respect to the amount in controversy,
Cincinnati states that the allegations in Kennedy's state
court petition regarding the extent of his injuries and his
claimed damages for past and future mental and physical
suffering, loss of enjoyment of life, medical expenses, lost
earnings and impaired earning capacity, along with
Kennedy's allegation that his damages exceed the amount
required for federal diversity subject matter jurisdiction,
show that it is facially apparent that Kennedy's damages
exceed $75, 000.
filed a motion to remand arguing that defendants' notice
of removal insufficiently states that diversity subject
matter jurisdiction is present because defendants did not
allege any specific details or evidence demonstrating that
there is more than $75, 000 in controversy. Further, Kennedy
argues that the parties are not completely diverse because
Kindred is domiciled in Louisiana.
contend that they are not required to submit evidence
regarding the amount in controversy because it is facially
apparent that Kennedy's state court petition seeks more
than $75, 000 in damages. Defendants also allege that the
parties are completely diverse because Kennedy is a citizen
of Louisiana, whereas Cincinnati and Kindred are citizens of
Ohio and Indiana, respectively.
moved to amend their notice of removal to include facts
supporting their contention that Kindred is a citizen of
Indiana. Kennedy argues that such amendment is untimely.
Further, Kennedy argues that even if the amendment is
permitted, Kindred's citizenship is contested, and must