WILLIAM S. DUFFEY, Jr., District Judge.
This matter is before the Court on Plaintiff Sonya Threatt's ("Plaintiff") Motion to Remand [23].
This is a personal injury action arising from a motor vehicle accident. On August 5, 2013, Plaintiff was driving a MARTA passenger bus on Contintental Way in DeKalb County, Georgia, when a tractor trailer truck, driven by Arturas Jasenauskas ("Jasenauskas"), collided with Plaintiff's vehicle. The tractor trailer truck was owned by Atlantic Transport, Inc. ("Atlantic") and insured by National Casualty Company ("National").
On March 31, 2015, Plaintiff filed her Complaint in the State Court of DeKalb County, Georgia. Plaintiff seeks to recover $23,800 in past medical expenses, and future medical expenses in excess of $498,900. (Compl. at 4). Plaintiff also seeks unspecified amounts for lost wages and loss of earning capacity, and pain, suffering and mental anguish. (
On May 21, 2015, Atlantic and National (together, "Removing Defendants")
On December 3, 2015, Plaintiff filed her Motion to Remand. Removing Defendants did not respond to Plaintiff's Motion. Although it is deemed unopposed,
28 U.S.C. § 1441(a) provides that "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant." The Court's jurisdiction in this case is premised on diversity of citizenship, which authorizes federal jurisdiction over suits between citizens of different states where the amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a). It is undisputed that Plaintiff and Defendants are citizens of different states, but Plaintiff contends that the jurisdictional amount in controversy is not satisfied.
In her Motion to Remand, Plaintiff asserts that, because she "has decided that she will not undergo those [future] medical procedures" "which accounted for the amount of projected future medical expenses" alleged in the Complaint, Plaintiff now "agrees that she will not be entitled to Judgment greater than $74,750." (Br. in Supp. [23.1] at 2-3). Because "Plaintiff and her counsel hereby irrevocably agree in this litigation . . . that [P]laintiff's claim and recovery is limited to an amount no greater than $74,750," Plaintiff asserts, the jurisdictional amount in controversy is no longer satisfied and this action should be remanded to the State Court of DeKalb County. The Court disagrees.
In an action removed from state court, the amount in controversy is measured on the date of removal.
It is clear from the face of Plaintiff's Complaint that, at the time of removal, Plaintiff sought to recover over $522,700, well beyond the jurisdictional threshold amount. Because Plaintiff and Defendants are citizens of different states and, at the time of removal, the amount in controversy exceeded $75,000, the Court has subject matter jurisdiction over this action.
For the foregoing reasons,