LANCE M. AFRICK, District Judge.
Before the Court is plaintiff Dalvin Michael's ("Michael") motion
This case arises out of a motor vehicle accident that occurred on December 13, 2017 between Michael and defendant Gregory Brown ("Brown"), who was allegedly operating a truck owned by defendant Blackhawk Transport, Inc. ("Blackhawk").
Under 28 U.S.C. § 1441(a), "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 or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending," unless Congress provides otherwise. Jurisdictional facts supporting removal are assessed at the time of removal. Louisiana v. American Nat'l Prop. Cas. Co., 746 F.3d 633, 636-37 (5th Cir. 2014). "The removing party bears the burden of establishing that federal jurisdiction exists." De Aguilar v. Boeing Co., 47 F.3d 1404, 1408 (5th Cir. 1995). "Any ambiguities are construed against removal because the removal statute should be strictly construed in favor of remand." Manguno v. Prudential Prop. & Cas. Co., 276 F.3d 720, 723 (5th Cir. 2002).
Pursuant to 28 U.S.C. § 1332, a district court has original jurisdiction over cases in which the amount in controversy exceeds $75,000, exclusive of interest and costs, and the parties are citizens of different states. It is uncontested that the parties are completely diverse, as Michael is a Louisiana citizen, Brown is not a Louisiana citizen, and Blackhawk is a foreign corporation.
When faced with an amount-in-controversy dispute, the applicable standard of proof depends on whether the plaintiff's state court petition alleges a specific dollar amount in damages. Allen v. R & H Oil & Gas Co., 63 F.3d 1326, 1335 (5th Cir. 1995). When the petition alleges a specific amount and that amount exceeds $75,000, such amount "controls in good faith." Id. "In order for the court to refuse jurisdiction, `it [must] appear to a legal certainty that the claim is really for less than the jurisdictional amount.'" Id. (quoting St. Paul Mercury Indem. Co. v. Red Cab. Co., 303 U.S. 283, 289 (1983)).
However, in cases such as this one where the petition does not specify a damages amount, the removing defendant must establish that the amount in controversy exceeds $75,000, exclusive of interest and costs, by a preponderance of the evidence.
The allegations in the state court petition are too few and too vague to support a finding that Michael's claims exceed $75,000. Although the petition provides that Michael injured his neck, back, shoulder, body, and mind, it does not indicate the severity of his injuries.
Michael alleges a long list of general damages categories, but "such allegations alone, unaccompanied by pertinent factual detail, `simply provide[ ] the usual and customary damages set forth by personal injury plaintiffs and do[ ] not provide the Court with any guidance as to the actual monetary amount of damages [the plaintiff has] or will incur.'" Maze v. Protective Ins. Co., No. 16-15424, 2017 WL 164420, at *4 (E.D. La. Jan. 17, 2017) (Engelhardt, J.) (quoting Carver v. Wal-Mart Stores, Inc., No. 08-42, 2008 WL 2050987, at *2 (M.D. La. May 13, 2008)). There are no factual allegations in the petition that support Michael's extensive damages claims. Therefore, on the basis of the petition alone, the Court cannot conclude that the amount in controversy exceeds $75,000, exclusive of interest and costs.
Because the petition fails the facially apparent test, the Court must consider whether the defendants have set forth facts in controversy that nonetheless support a finding of the requisite jurisdictional amount. Allen, 63 F.3d at 1335. In their opposition to the present motion, the defendants offer "summary judgment type" evidence in an attempt to demonstrate that Michael's claims exceeded $75,000 at the time of removal. Manguno, 276 F.3d at 723. The evidence consists of an e-mail sent on January 24, 2019 by Michael's counsel to the defendants' counsel.
The sole medical record the defendants submitted in addition to the e-mail documents an MRI performed on April 5, 2018, which revealed that Michael may have at least one bulging disc and some disc herniation.
Accordingly,
Furthermore, the Gebbia court relied on the Fifth Circuit's previous opinion, Luckett v. Delta Airlines, Inc., 171 F.3d 295 (5th Cir. 1999). Gebbia, 233 F.3d at 883. In Luckett, the Fifth Circuit held that the district court did not err in finding that the plaintiff's claims exceeded $75,000. Luckett, 171 F.3d at 298. In addition to routine damages, the plaintiff had alleged damages for an emergency ambulance trip and a six-day hospital stay—all in connection with allegations that the defendant airline had lost her luggage, which contained her heart medication, and that, consequently, she became severely ill. Id. at 297-98. Michael's petition does not include this level of specificity.