United States District Court, M.D. Louisiana
NOTICE AND ORDER
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE
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.
November 15, 2017, Red Frog removed the action to this Court
based on diversity jurisdiction, 28 U.S.C. §
1332. Red Frog contends that, with the exception
of West Feliciana, the parties to this action are completely
diverse and that the amount in controversy exceeds
$75, 000, exclusive of interest and costs. 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.
January 29, 2018, Plaintiff filed a First Amended
Complaint. Per the First Amended Complaint, Plaintiff
adds Event Medical Staffing Solutions, LLC (“Event
Medical”), Daniel Lauber (“Lauber”), and
Marcus Edwards (“Edwards”) as
defendants. 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. 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
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.
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.
 R. Doc. 1-2.
 R. Doc. 1.
 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.
 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.
R. Doc. 1, ¶¶ 24-31.