Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Larsen v. Red Frog Events, LLC

United States District Court, M.D. Louisiana

April 10, 2019

JENNIFER LARSEN
v.
RED FROG EVENTS, LLC, ET AL.

          NOTICE AND ORDER

          ERIN WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE

         Plaintiff, Jennifer Larsen (“Plaintiff”), filed a Petition for Damages (the “Petition”) against Red Frog Events, LLC (“Red Frog”), First Specialty Insurance Corporation (“First Specialty”), Peterson Builders Framing Contractors, LLC (“Peterson”), North South Renovations (“North South”), Auto Owners Insurance Company (“Auto Owners”), and West Feliciana Parish, Department of Parks and Recreation (“West Feliciana”) in state court for damages allegedly arising out of injuries Plaintiff sustained when a dome-shaped obstacle Plaintiff was climbing as part of the “Warrior Dash” collapsed.[1]

         On November 15, 2017, Red Frog removed the action to this Court based on diversity jurisdiction, 28 U.S.C. § 1332.[2] Red Frog contends that, with the exception of West Feliciana, the parties to this action are completely diverse[3] and that the amount in controversy exceeds $75, 000, exclusive of interest and costs.[4] While Red Frog recognizes that Plaintiff and West Feliciana are not diverse, Red Frog asserts that Plaintiff improperly joined West Feliciana for the sole purpose of defeating this Court's subject matter jurisdiction.[5]

         On January 29, 2018, Plaintiff filed a First Amended Complaint.[6] Per the First Amended Complaint, Plaintiff adds Event Medical Staffing Solutions, LLC (“Event Medical”), Daniel Lauber (“Lauber”), and Marcus Edwards (“Edwards”) as defendants.[7] Although the First Amended Complaint continues to name West Feliciana as a defendant, Plaintiff has not served West Feliciana with either the Petition or the First Amended Petition and West Feliciana has not made an appearance in this matter.[8] Moreover, despite the fact that this Court's subject matter jurisdiction is premised on complete diversity of the parties, Plaintiff has not filed a Motion to Remand based on the joinder of a non-diverse defendant.[9]

         IT IS HEREBY ORDERED that by no later than May 1, 2019, Plaintiff shall file either: (1) a Motion to Remand addressing the joinder of West Feliciana Parish, Department of Parks and Recreation; or (2) a Second Amended Complaint deleting all claims against West Feliciana Parish, Department of Parks and Recreation.

         IT IS FURTHER ORDERED that in the event Plaintiff files a Motion to Remand, defendants shall jointly file, within five (5) days of the filing of Plaintiff's Motion to Remand, a Notice stating whether defendant(s) oppose the Motion to Remand. In the event a defendant intends to oppose the Motion to Remand, regular briefing delays as set forth in Local Civil Rule 7 shall apply.[10]

---------

Notes:

[1] R. Doc. 1-2.

[2] R. Doc. 1.

[3] Per the Amended Notice of Removal, Red Frog “does not contest that Plaintiff is a Louisiana citizen” at the time of the filing of the Petition and at the time of removal. R. Doc. 1, ¶ 7. Red Frog further contends that: (1) Red Frog's sole member, Joseph Reynolds, is a citizen of Illinois; (2) First Specialty is a Missouri corporation with its principal place of business in Missouri; (3) Peterson's sole member, Christopher Peterson, is a citizen of North Carolina; (4) North South is a corporation incorporated in North Carolina with its principal place of business in North Carolina; and (5) Auto Owners is a Michigan corporation with its principal place of business in Michigan. R. Doc. 1, ¶¶ 10-14.

[4] With respect to the amount in controversy, Red Frog asserts that Plaintiff has alleged she suffered, inter alia, “permanent disfigurement to her face, which required 17 stitches” and that medical records in Red Frog's possession indicated $24, 480.77 in medical costs at the time of removal. R. Doc. 1, ¶¶ 19-20. Red Frog additionally asserts that prior to removal, “Red Frog inquired into whether Plaintiff would be willing to stipulate to damages of less than $75, 0000 in order to obviate the need to remove this matter. Plaintiff declined to enter into that stipulation.” R. Doc. 1, ¶ 23.

[5]R. Doc. 1, ¶¶ 24-31.


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.