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Food Lion LLC
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Motion | Filed: May 09, 2024 | Entered: May 09, 2024 Miller v. Food Lion LLC
P.I.: Other | South Carolina
Extension of Time
Joint MOTION for Extension of Time Motion to Enlarge Case Schedule by Valerie Miller. Response to Motion due by 5/23/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order Consent Second Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Born, Jacob)
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Order | Filed: May 06, 2024 | Entered: May 06, 2024 Cooper v. Food Lion, LLC
P.I.: Other | South Carolina
Order on Motion to Remand to State Court
TEXT ORDER denying 6 Plaintiff Gary Cooper's ("Plaintiff") Motion to Remand. "If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." 28 U.S.C. § 1447. Subject matter jurisdiction in diversity requires "the matter in controversy exceeds the sum or value of $75,000, exclusive of interests and costs." 28 U.S.C. § 1332(a). To determine the amount in controversy for federal diversity jurisdiction, "[t]he court should examine the complaint at the time of removal in order to determine the amount in controversy." Thompson v. Victoria Fire & Cas. Co., 32 F. Supp. 2d 847, 848 (D.S.C. 1999) (citing St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 292 (1938)). "[R]emoval of the action is proper on the basis of an amount in controversy... if the district court finds, by the preponderance of the evidence, that the amount in controversy exceeds" $75,000. 28 U.S.C. § 1446(c)(2)(B).
Here, at the time of removal, Plaintiff's complaint did not specify the amount of damages. In such cases, the notice of removal "need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold." Dart Cherokee Basin Op. Co., LLC v. Owens, 135 S. Ct. 547, 554 (2014). However, "[i]f the plaintiff challenges removal, [] the defendant 'bears the burden of demonstrating that removal jurisdiction is proper.'" Scott v. Cricket Commc'ns, LLC, 865 F.3d 189, 194 (4th Cir. 2017) (citation omitted) (emphasis in original). Thus, if a plaintiff challenges whether the amount in controversy exceeds the jurisdictional threshold, and "[w]hen a plaintiff's complaint leaves the amount of damages unspecified, the defendant must provide evidence to 'show... what the stakes of litigation... are given the plaintiff's actual demands.'" Id. (citation omitted). "To resolve doubts regarding a defendant's asserted amount in controversy, 'both sides submit proof and the court decides, by a preponderance of the evidence, whether the amount-in-controversy requirement has been satisfied.'" Id. (citing Dart Cherokee,, 135 S.Ct. at 554). In making this determination, Courts have considered "the plaintiff's claims, as alleged in the complaint, the notice of removal filed with a federal court, and other relevant materials in the record." Hermanson v. Bi-Lo, LLC, No. 3:20-CV-03956-JMC, 2021 WL 4147113, at *2 (D.S.C. Aug. 31, 2021).
Defendant Food Lion, LLC ("Defendant"), contends "[w]hen viewing Plaintiff's Complaint and his prayer for relief, there is a reasonable probability that he could recover in excess of $75,000.00 if he were to prevail on all of his requested damages in this case. Plaintiff's Complaint alleges that he suffered 'serious personal injury', and 'painful and protracted bodily injuries, requiring medical care and expenses....'" (DE 7, pp. 3-4 (citing DE 1-1, p. 6, Complaint).) Defendant also points to Plaintiff's request for punitive damages as more evidence that the jurisdictional threshold has been met. (Id. at 4.) The Court agrees and finds that Defendant has shown by the preponderance of the evidence the amount-in-controversy requirement has been satisfied. The nature of the injuries alleged and Plaintiff's claims for punitive damages provide sufficient evidence that "the stakes of litigation... given the plaintiff's actual demands,"Scott, 865 F.3d at 194, could more likely than not exceed $75,000. Accordingly, this Court has subject matter jurisdiction over the matter, and Plaintiff's Motion to Remand is denied.
Signed by the Honorable Joseph Dawson, III on 5/6/2024. (lgib, )
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Order | Filed: May 06, 2024 | Entered: May 06, 2024 Gill v. Food Lion LLC
Civil Rights: Other | Virginia Western
Order on Motion for Leave to File
ORDER denying as moot 16 Motion for Leave to File an Amended Complaint. Signed by Judge Thomas T. Cullen on 5/6/2024. (Order mailed to Pro Se Party via US Mail)(ck)
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