United States District Court, M.D. Louisiana
LATASHA M. ZENO AND DARRELL LEWIS, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILD, DESTINY LEWIS
SENTRY SELECT INSURANCE COMPANY, STEWART TRANSPORTATION COMPANY, INC. AND LENDELL L. BRUMFIELD
NOTICE AND ORDER
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE
April 4, 2018, plaintiffs, Latasha M. Zeno and Darrell Lewis,
individually and on behalf of their minor child, Destiny
Lewis (collectively, “Plaintiffs”) filed a
Petition for Damages (the “Petition”) against
defendants, Sentry Select Insurance Company, Stewart
Transportation Company, Inc., and Lendell L. Brumfield
(collectively, “Defendants”) for damages
allegedly arising out of an April 5, 2017 automobile
Petition, Plaintiffs allege that both Latasha Zeno and
Destiny Lewis suffered, inter alia, past, present,
and future physical pain and suffering, mental pain and
suffering, loss of enjoyment of life, and medical
expenses. On May 3, 2018, Defendants removed this
action pursuant to 28 U.S.C. § 1332. Defendants
contend that the amount in controversy in this action exceeds
$75, 000.00 exclusive of interest and costs based on Ms.
Zeno's injuries and medical expenses, as well as
Plaintiffs' counsel's failure to execute an
Irrevocable Stipulation of Damages.Specifically, Defendants aver
that Ms. Zeno “claims injury of her neck and low back,
” “has undergone two (2) lumbar spine epidural
steroid injections, ” and “there are reported
disc bulges and/or herniations.” Defendants assert
that Ms. Zeno continues to treat for her injuries, and that
she has incurred $18, 510.70 in medical expenses thus
Additionally, Defendants contend that “[o]n May 2,
2018, plaintiff counsel, Brandon Stockstill, advised that
because Latasha M. Zeno continues to obtain treatment from
Dr. Kevin P. McCarthy, the Irrevocable Stipulation of
Damages may not be executed by her as to her damage
counsel's communications (assuming the communications
were written) are not attached to the Notice of Removal, and
this court has previously explained that the failure to
execute a stipulation is but one factor for the court to
consider in its amount in controversy analysis. Although
Defendants contend that Ms. Zeno continues to treat, there is
no additional information regarding the extent of such future
or continued treatment, nor is there any indication that Ms.
Zeno will require additional steroid injections or that a
surgery recommendation has been made. There are no verified
discovery responses (such as requests for admission) or
pre-removal settlement demands. Based on 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 HEREBY ORDERED that Defendants, Sentry
Select Insurance Company, Stewart Transportation Company,
Inc., and Lendell L. Brumfield, shall file a memorandum and
supporting evidence concerning 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 Plaintiffs shall file
either: (1) a memorandum and supporting evidence concerning
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 the Defendants' memorandum
regarding subject matter jurisdiction.
 R. Doc. 1-6.
 R. Doc. 1-6, ¶¶ 12 &
 Defendants assert that Plaintiffs are
each Louisiana domiciliaries, that defendant Brumfield is a
Mississippi domiciliary, that Stewart Transportation Company,
Inc. is a Mississippi corporation with its principal place of
business in Mississippi, and that Sentry Select Insurance
Company is incorporated in Wisconsin with its principal place
of business in Wisconsin. R. Doc. 1, ¶¶
 See, R. Doc. 1, ¶¶
8, 9, & 17.
 R. Doc. 1, ¶ 8.
 R. Doc. 1, ¶¶ 8-9.