United States District Court, E.D. Louisiana
KIERON YOUNG, et al.
HENRY FRANKLIN HEALY, et al.
NANNETTE JOLIVETTE BROWN, CHIEF JUDGE.
the Court is Plaintiffs Kieron Young and Jatovenia
Walker's (“Plaintiffs”) Motion to
Remand.” In this litigation, Plaintiffs allege that
they received several injuries as a result of a motor vehicle
accident. Plaintiffs originally filed this action in
the Civil District Court for the Parish of Orleans, State of
Louisiana. Defendant Alisam Enterprises, LLC
(“Alisam”) removed the action to this Court,
asserting diversity jurisdiction pursuant to 28 U.S.C.
§§ 1132, 1441 and 1446.
February 19, 2019, Plaintiffs filed the instant motion to
remand the action. The motion to remand alleges that Alisam
fails to prove diversity of citizenship because Alisam does
not properly plead its citizenship as an LLC. The motion also
asserts that Alisam did not receive Defendant Henry
Healy's (“Healy”) consent before removing the
action to this Court.
April 2, 2019, Plaintiffs filed a “Motion to Withdraw
Plaintiffs' Motion to Remand, ” seeking to withdraw
their motion to remand with the consent of counsel for
Defendants. Plaintiffs, however, failed to provide any
details regarding why they were withdrawing their motion or
the factual circumstances in support of the withdrawal
request. Therefore, the Court denied the motion to withdraw
because it was not apparent that the Court had subject matter
jurisdiction over the action,  and the parties cannot consent to
subject matter jurisdiction where it is
lacking.Accordingly, the Court ordered Alisam to
brief its citizenship as an LLC and provide
summary-judgment-type evidence showing that the amount in
controversy exceeded $75, 000 at the time of removal for each
20, 2019, Alisam filed a “Memorandum in Support of
“Response”). In the Response, Alisam asserts that
prior to the Court's April 22, 2019 Order, it
communicated with Plaintiffs regarding jurisdiction and the
failure to obtain Healy's consent to
removal. Alisam alleges that it stated in its
Answer to the Petition that it is an LLC with one member,
Alisam Group, LLC. Alisam contends that Alisam Group, LLC
has 24 members, and each member is a citizen of
Texas. Alisam avers that because Plaintiffs are
citizens of Louisiana and it is a citizen of Texas, it is
completely diverse from Plaintiffs. Alisam also states in the
Response that Healy had not been properly served at the time
of removal because Plaintiffs did not have Healy's
correct address. Alisam states that when it explained
this to Plaintiffs, Plaintiffs agreed that failure to receive
consent for removal was not an issue because the consent
requirement only applies to defendants who have been properly
served. Therefore, Alisam asserts, Plaintiffs
agreed to withdraw the motion to remand because failure to
obtain consent and lack of diverse citizenship were not
issues in the case.
response to the Court's request for evidence regarding
the amount in controversy, Alisam avers that on July 6, 2018,
Plaintiff Kieron Young submitted a settlement demand for $95,
000, and on September 18, 2018, Plaintiff Jatovenia Walker
submitted a settlement demand for $175, 000. This Court
commonly considers settlement demand letters as relevant
summary-judgment type evidence of the amount in
controversy. Therefore, the Court finds that Alisam
presents sufficient evidence that the amount in controversy
in this matter exceeded $75, 000 at the time of removal for
conclusion, Alisam has established that there is diversity of
citizenship among the parties and the amount in controversy
at the time of removal exceeded $75, 000. Alisam has also
resolved with Plaintiffs the failure to obtain Healy's
consent prior to removal. Healy had not been properly served,
and thus, his consent was not required for
removal. Considering the fact that the arguments
asserted in the motion to remand and jurisdictional briefing
order have been resolved in favor of jurisdiction, the Court
will not remand the action.
IT IS HEREBY ORDERED that Plaintiffs Kieron
Young and Jatovenia Walker's “Motion to
Remand” is DENIED.
 Rec. Doc. 4.
 Rec. Doc. 1-2 at 6-7.