United States District Court, M.D. Louisiana
NOTICE AND ORDER
Wilder-Doomes, United States Magistrate Judge.
Shelley Breaux and Stephen Breaux (“Plaintiffs”),
filed a Petition for Damages (the “Petition”) in
state court for damages allegedly arising out of injuries
Plaintiffs sustained when the “Diesel Dome”
obstacle Plaintiffs were climbing as part of the
“Warrior Dash” collapsed. Plaintiffs named Red
Frog Events, LLC (“Red Frog”), North-South
Builders, Inc. (“North-South”), and Peterson
Builders, Inc. (“Peterson”) as defendants. On
November 28, 2017, Red Frog filed a Notice of Removal
pursuant to 28 U.S.C. § 1332 based on the assertion that
the amount in controversy exceeds $75, 000, exclusive of
interest and costs, and the parties are completely
not apparent from the face of Plaintiffs' Petition that
the claims are likely to exceed $75, 000.00. In the Petition,
Plaintiffs allege that they both “injured their head,
hand, neck, back, leg, shoulder, ankle, wrist and bodies as a
whole, ” incurred medical expenses, and have missed
work and lost wages. Plaintiffs seek damages for their
“pain and suffering, past, present and future, medical
expenses, past, present and future, permanent disability and
enjoyment of life….”Plaintiffs do not provide
further detail regarding their specific injuries, nor the
extent of their alleged permanent disability. The Petition
does not provide any detail regarding Plaintiffs' medical
expenses or lost wages.
Notice of Removal, Red Frog contends that it asked Plaintiffs
to identify their specific injuries, and that Mrs. Breaux
claims that she sustained “(1) soft tissue injury to
her left shoulder, (2) head injury, (3) difficulty sleeping,
(4) soft tissue injury to her ankle, and (5) soft tissue
injury to her cervical spine.” Red Frog asserts that Mr.
Breaux claims that he sustained “(1) soft tissue injury
to his left shoulder, (2) soft tissue injury to his lumbar
spine, (3) soft tissue injury to his left hand, and (4) soft
tissue injury to his left wrist.” Red Frog also
contends that Plaintiffs supplied it “with medical
bills that total $5, 540.50, which are most likely higher at
this point in time.” Finally, Red Frog points out in its
Notice of Removal that “Red Frog requested that
Plaintiffs stipulate to damages of less that $75, 000.00 to
obviate the need to file this Notice of Removal. Plaintiffs
declined, which indicates that they intend to put damages in
excess of $75, 000.00 into controversy.” Based 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 HEREBY ORDERED that on or before
Monday, April 22, 2019, Red Frog Events, LLC
shall file a memorandum and supporting evidence concerning
whether the amount in controversy requirement of 28 U.S.C.
§ 1332 is met.
IS FURTHER ORDERED that on or before
Thursday, May 2, 2019, Plaintiffs shall file
either: (1) a Notice stating that Plaintiff agrees that Red
Frog has established, by a preponderance of the evidence,
that the amount in controversy likely exceeds $75,
000.00; or (2) a Motion to Remand.
case will be allowed to proceed if jurisdiction is adequately
 R. Doc. 1. With respect to the
citizenship of the parties, per their Petition, Plaintiff
allege they are both domiciled in Louisiana. R. Doc. 1-2,
¶ 1(A) & (B). Red Frog alleges in its Notice of
Removal that it “has no reason to dispute this.”
R. Doc. 1, ¶ 7. With respect to the citizenship of the
defendants, Red Frog alleges that its sole member, Joseph
Reynolds, is a citizen of Illinois. R. Doc. 1, ¶ 9. Red
Frog further alleges that the sole member of Peterson,
Christopher Peterson, is a citizen of North Carolina and that
North-South is incorporated in North Carolina with its
principal place of business in North Carolina. R. Doc. 1,
 R. Doc. 1-2, ¶¶
 R. Doc. 1-2, ¶ 17.
 R. Doc. 1, ¶ 15.
 R. Doc. 1, ¶ 16.