United States District Court, E.D. Louisiana
DENISEYU HATCHER, ET. AL.
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., ET. AL.
ORDER AND REASONS
the Court is Plaintiffs, Deniseyu Hatcher and Stacy
Hatcher's (collectively “Plaintiffs”), Motion
to Remand to State Court (Rec. Doc. 3), and Defendants,
Daniel Okabayashi and State Farm Automobile Insurance
Company's (collectively “Defendants”),
Response in Opposition (Rec. Doc. 4). Accordingly, IT
IS ORDERED that the Plaintiffs' Motion to Remand
(Rec. Doc. 3) is GRANTED; provided
Plaintiffs execute binding, irrevocable stipulations under
oath renouncing any rights to seek or accept any judgment in
excess of $75, 000. Plaintiffs shall file the
stipulations by no later than December 22, 2017.
While Plaintiffs' pre-removal selection of a judicial
forum where jurisdictional limits are below the federal
diversity jurisdictional amount of $75, 000, Defendants
correctly note that without the latter stipulations
Plaintiffs could seek transfer of their city court action to
the state district court in order to be in a state forum with
higher jurisdictional limits.
AND PROCEDURAL HISTORY
case emanates from an automobile collision on September 30,
2016, while the parties were traversing highway I-10 East
near the Claiborne Avenue exit. Rec. Doc. 4-1. Plaintiffs
allege that Defendant Daniel Okabayashi (“Defendant
Okabayashi”) changed lanes suddenly and improperly,
striking Plaintiffs' vehicle. Id. Plaintiffs
each allege personal injuries to their neck and back. Rec.
Doc. 3-1. While Plaintiffs do not allege a specific dollar
amount (See Rec. Doc. 4 at 5; Rec. Doc. 4-1) the
First City Court petition seeks the following damages:
A. Past and future physical pain and suffering;
B. Past and future mental anguish;
C. Medical expenses, past and future;
D. Lost wages and loss of earning capacity;
E. Property damage and/or property damage deductible;
F. Loss of use of vehicle;
G. Rental car expenses; and
H. Any and all other damages which will be proved at the
Rec. Doc. 1-2.
filed their petition in state court on August 21, 2017; and
on October 19, 2017, Defendant Okabayashi removed to federal
court. Rec. Doc. 3-1. Plaintiffs' instant motion seeks
remand of ...