VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This cause comes before the Court sua sponte. For the reasons that follow, this case is remanded to the Sixth Judicial Circuit, in and for Pasco County, Florida.
This action was removed to this Court from the Sixth Judicial Circuit, in and for Pasco County, Florida on June 24, 2016, on the basis of diversity jurisdiction. (Doc. # 1). When jurisdiction is premised upon diversity of citizenship, 28 U.S.C. § 1332(a) requires among other things that "the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs." If "the jurisdictional amount is not facially apparent from the complaint, the court should look to the notice of removal and may require evidence relevant to the amount in controversy at the time the case was removed."
The Complaint does not state a specified claim to damages. (Doc. # 2 at ¶ 1) (stating "[t]his is an action for damages which exceeds Fifteen Thousand ($15,000.00) Dollars, exclusive of costs and interest"). In its Notice of Removal (Doc. # 1), Defendant Target Corporation noted the "Medical Bill Summary" Plaintiffs had provided, showing that Plaintiff Pamela Otto had incurred past medical expenses of $59,181.79 as of January 2015. (
Thereafter, on July 13, 2016, the Court entered an Order directing Target to provide additional evidence establishing, if possible, that the amount-in-controversy requirement has been satisfied by September 12, 2016. (Doc. # 25). However, Target did not provide any additional information by the deadline. On September 15, 2016, this Court entered an Order to Show Cause (Doc. # 29), directing Target to show cause why the action should not be remanded to state court.
Subsequently, Target filed a Response to the Order, describing additional information regarding the amount-in-controversy that it had uncovered during discovery. (Doc. # 30). Since the time of removal, Mrs. Otto's past medical expenses have increased to $60,417.79. (
Taken together, Target argues that the past medical damages and lost wages to date, as well as the likelihood of future medical expenses, demonstrate that the amount in controversy exceeds $75,000.00. (
In sum, the record does not show by a preponderance of the evidence that the amount in controversy exceeds $75,000.00. The Complaint alleges a nonspecific amount, the past medical expenses and lost wages fall below the threshold, and the extent of future medical expenses is highly speculative. As such, the Court determines Target has not sufficiently demonstrated that the jurisdictional amount-in-controversy threshold has not been satisfied. Accordingly, this case is remanded to the Sixth Judicial Circuit, in and for Pasco County, Florida.
Accordingly, it is
(1) The Clerk is directed to
(2) The Clerk is further directed to terminate any previously scheduled deadlines and hearings, and thereafter