United States District Court, M.D. Louisiana
KENNETH RAYMOND, JR.
RED FROG EVENTS, LLC, ET AL.
NOTICE AND ORDER
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE
Kenneth Raymond (“Plaintiff”), filed a Petition
for Damages (the “Petition”) against Red Frog
Events, LLC (“Red Frog”); Peterson Builders
Framing Contractors, LLC; North South Renovations, Inc.;
First Specialty Insurance Corporation; and Auto-Owners
Insurance Company in state court for damages allegedly
arising out of injuries Plaintiff sustained when a doom
shaped obstacle Plaintiff was climbing as part of the
“Warrior Dash” collapsed.
Petition, Plaintiff alleges that he sustained “injuries
to his back, ribs, right ankle, right knew, and right
elbow.” Plaintiff alleges that he “was
examined at the on-site medical tent but was not sent to the
hospital” but that upon returning home, his “pain
intensified, and…he made an emergency appointment with
Pontchartrain Orthopedics & Sports
Medicine….” Plaintiff contends that he “has
experienced significant pain as a result of his injuries,
” including pain in his rib cage and
back. He alleges that he “has been
diagnosed with facet joint injury, which injury will require
imaging studies as well as physical theory two times a week
for the foreseeable future.” He alleges that as a result
of his injuries, “he is hampered in performing his
typical daily activities, and cannot exercise or participate
in sports to the extent he did prior to his
injury” and seeks damages for (1) pain and
suffering; (2) past and future medical, rehabilitation, and
pharmacy expenses; (3) lost wages; (4) loss of earning
capacity; (5) loss of enjoyment of life; and (6) mental
anguish and emotional distress.
December 14, 2017, Red Frog removed this suit on the basis of
diversity jurisdiction pursuant to 28 U.S.C. § 1332.
Although the parties appear to be completely diverse, it is
not apparent from the face of Plaintiff's Petition that
the claims are likely to exceed $75, 000.00. In the Petition,
there is no information regarding claimed medical expenses or
Plaintiff's lost wages. In its Notice of Removal, Red
Frog provides citations to various cases purporting to set
forth damage awards; however, there is no way for the court
to determine whether Plaintiff herein suffered similar
injuries. Red Frog further avers that it
“reached out to Plaintiff, through his counsel of
record to further discuss injuries. Plaintiff characterized
his alleged injuries as severe soft tissue injuries, and
reported that he allegedly suffers daily ‘sever
pain' in his back, particularly in the mornings.
Plaintiff alleges that his back ‘locks up' in the
morning, and that his treating physicians claim that his
injures were ‘worse than they originally
thought.'” Red Frog further avers that
“Plaintiff was not in a position to stipulate that his
damages were less than $75, 000.00” when Red Frog spoke
to Plaintiff's counsel on December 14,
on the allegations set forth in the Petition, as well as the
information asserted in the Notice of Removal, the court
sua sponte raises the issue of whether it may
exercise diversity jurisdiction in this matter, specifically,
whether the amount in controversy requirement has been met.
IT IS ORDERED that Red Frog Events, LLC
shall file a memorandum and supporting evidence concerning
subject matter jurisdiction, specifically whether the amount
in controversy requirement of 28 U.S.C. § 1332 is met,
within ten (10) days of this Notice and Order.
IS FURTHER ORDERED that Plaintiff shall file either:
(1) 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; or (2) a Motion to Remand, within ten
(10) days after the filing of Red Frog Events, LLC's
case will be allowed to proceed if jurisdiction is adequately
 R. Doc. 1-2, ¶ 29.
 R. Doc. 1-2, ¶ 29.
 R. Doc. 1-2, ¶¶
 R. Doc. 1-2, ¶ 31. Red Frog
states in its Notice of Removal that a facet joint injury is
“a type of back injury commonly associated with soft