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Lafargue v. Comprehensive Health Management, Inc., 19-11111. (2019)

Court: District Court, E.D. Louisiana Number: infdco20191127e77 Visitors: 5
Filed: Nov. 20, 2019
Latest Update: Nov. 20, 2019
Summary: ORDER IVAN L.R. LEMELLE , District Judge . Considering the hearing held on November 20th, 2019 on plaintiff Cassandra Lafargue's motion for remand (Rec. Doc. 42), and defendant Comprehensive Health Management, Inc.'s counsel, and for oral reasons given during the hearing, IT IS ORDERED that the motion to remand is denied subject to reconsideration of a supplemental affidavit from plaintiff attesting to value of her claims and waiving rights to seek damages and/or enforce judgment in exce
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ORDER

Considering the hearing held on November 20th, 2019 on plaintiff Cassandra Lafargue's motion for remand (Rec. Doc. 42), and defendant Comprehensive Health Management, Inc.'s counsel, and for oral reasons given during the hearing,

IT IS ORDERED that the motion to remand is denied subject to reconsideration of a supplemental affidavit from plaintiff attesting to value of her claims and waiving rights to seek damages and/or enforce judgment in excess of $75,000 in state court. Per her counsel's request, plaintiff is granted leave to file that affidavit no later than Monday, November 25, 2019. Plaintiff's Counsel is warned that a mere stipulation that the valuation of plaintiff's claims do not exceed the jurisdictional amount will not suffice. Plaintiff's affidavit must be pursuant to the requirements in Gebbia v. Wal-Mart Stores, Inc., 233 F.3d 880 (5th Cir. 2000), and Association National de Pescadores a Pequena Escala Artesanales de Columbia v. Dow Quemlca de Columbia S.A. ("ANPAC"), 988 F.2d 559 (5th Cir. 1993);

IT IS FURTHER ORDERED that defendant is granted leave to file a supplemental memorandum in response to plaintiff's supplemental affidavit, no later than Friday, November 29, 2019;

IT IS FURTHER ORDERED that plaintiff has leave to file a reply to defendant's supplemental memorandum no later than Monday, December 2, 2019.

Thereafter, reconsideration of the remand motion will be conducted based upon parties' submissions without further need of oral argument.

Source:  Leagle

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