Arzillo v. Target Corporation

Full title: SHARON ARZILLO, Plaintiff, v. TARGET CORPORATION d/b/a SUNCOAST PASCO…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Jan 11, 2010

CASE NO: 8:09-cv-2499-T-26MAP (M.D. Fla. Jan. 11, 2010)

Opinion

CASE NO: 8:09-cv-2499-T-26MAP.

January 11, 2010

ORDER

RICHARD LAZZARA, District Judge

Upon due consideration of the pleadings on file, it is ordered and adjudged that Plaintiff's Motion for Remand (Dkt. 10) is denied. The Court is satisfied that Defendant has met its burden of establishing by a preponderance of the evidence that the amount in controversy exceeds the sum of $75,000.00. In particular, the Court determines that the jurisdictional amount necessary to invoke this Court's diversity jurisdiction pursuant to 28 U.S.C. § 1332 is "readily deducible" from the documents reflecting the amount of Plaintiff's medical bills incurred to date, ¹ her need for future medical treatment, ² and her response to Defendant's Request for Admissions in which she states she "may ask the Jury for damages in excess of $75,000.00."³ See Lowery v. Alabama Power Co., 483 F.3d 1184, 1211 (11^th Cir. 2007). In light of this determination and disposition of the motion, the Court needs no response from Defendant.

1 See Exhibit M to Notice of Removal filed at docket 1.

2 See Exhibit L to Notice of Removal filed at docket 1.

3 See Exhibit K to Notice of Removal filed at docket 1.

DONE AND ORDERED at Tampa, Florida.