United States District Court, M.D. Louisiana
NOTICE AND ORDER
WILDER-DOOMES, UNITED STATES MAGISTRATE JUDGE
a civil action involving claims for damages as a result of
injuries sustained by Plaintiff, Virginia Batemen, from a
slip and fall accident on or about March 12, 2016. The matter
was removed by defendants, Toys "R" Us - Delaware,
Inc. and Toys "R" Us Property Company II, LLC
(collectively, "Defendants"), to this court on
January 11, 2017 from the Nineteenth Judicial District Court
for the Parish of East Baton Rouge, State of
Louisiana. In her Petition for Damages, Plaintiff
alleges she sustained physical injuries including a fractured
hip as well as "humiliation, embarrassment, fright,
nervousness, insecurity, worry, and
solace" as a result of the accident. Plaintiff
seeks to recover the following damages: compensatory damages,
past and future medical expenses, past and future pain and
suffering, past and future emotional distress, hedonic
damages, compensation for loss of enjoyment of life, and
January 20, 2017, this court sua sponte raised the
issue of whether it may exercise diversity jurisdiction in
this matter, specifically, whether the amount in controversy
requirement has been met. This court ordered Defendants to file a
memorandum and supporting evidence concerning the court's
subject matter jurisdiction, specifically, whether the amount
in controversy requirement of 28 U.S.C. § 1332 is met.
This court further ordered that Plaintiff file a memorandum
and supporting evidence concerning the court's subject
matter jurisdiction following the filing of Defendants'
memorandum and evidence.
January 30, 2017, Defendants filed their Memorandum Regarding
the Amount in Controversy. Therein, Defendants maintain that it is
facially apparent that Plaintiff claims an amount in
controversy in excess of $75, 000 and points out that
Plaintiff "claims injury to 3 specific parts of her body
and claims injuries to other non-identified parts as
well." Defendants further argue that Plaintiff
did not allege that her claim is less than the jurisdictional
threshold pursuant to La. CCP art. 893(A)(1), and that
counsel for Plaintiff previously advised that Plaintiff
"could not agree to a stipulation that the amount in
controversy was less than $75, 000."
February 7, 2017, Plaintiff filed her Memorandum Regarding
the Amount in Controversy. Plaintiff contends that "the
amount in controversy is currently ambiguous and this matter
should be remanded to the Louisiana 19th Judicial District
Court." Plaintiff asserts that she has
"only incurred $9, 867.00 in medical expenses" to
date, and that while she "will likely need future
medical treatment.. .the extent is unknown at this
time." Plaintiff further asserts that at the
time of removal, she had made no claim for lost wages or any
other special damages, and that despite the allegations in
her Petition, she "has not suffered a fractured hip and
that fact was inadvertently included in Plaintiff s original
Petition." Plaintiff asserts that "[i]n short,
the extent and severity of plaintiff s injuries and damages,
as of the time of removal, remain ambiguous. As such, this
matter should be remanded..., " Despite Plaintiffs
contention that this matter should be remanded, Plaintiff has
not filed a Motion to Remand.
IT IS ORDERED that Plaintiff shall file any
Motion to Remand regarding this court's subject matter
jurisdiction, specifically, whether the amount in controversy
requirement of 28 U.S.C. § 1332 is met, within
twenty-one (21) days of this Notice and Order.
light of the potential Motion to Remand, the court finds
there is good cause for delay in entering a scheduling order
in this matter.
 R. Doc. 1.
R. Doc. 1-2, Â¶ 15.
 R. Doc. 1-2, Â¶ 16.
 R. Doc. 4.
 R. Doc. 4.