Opinion
CIVIL ACTION NO. 06-9249, SECTION "N" (3).
January 19, 2007
ORDER AND REASONS
Before the Court is a Motion to Remand by plaintiffs, Peter G. Charbonnet, Jr., Sean H. Charbonnet, Ashley A. Charbonnet, Elizabeth I. Charbonnet, Cecile Charbonnet Kerber, William J. Charbonnet, Susan Charbonnet Schwartz and 320 South Broad, LLC. The motion is based solely upon whether the requisite jurisdictional amount exists in controversy in order to support federal jurisdiction. Defendant Atlantic Casualty Insurance Company opposes the motion.
Quite simply, based on the original petition filed in state court, this Court cannot determine that the amount in controversy is below the jurisdictional threshold amount of $75,000. Although plaintiffs assert that the principal amount due under the terms of the policy is only the balance of $33,070.98, which remains unpaid from the policy limit of $75,000, the defendant points out, and a review of the petition (specifically Paragraph 12) reveals, that plaintiffs also seek not only penalties, attorney's fees and court costs, but also damages for "stress, mental anguish, extended loss of use of the insured property . . .", among these other additional damages. As these damages are not quantifiable at this time, and plaintiffs have failed to provide any stipulation that they seek no sums over and above $75,000, and affirmatively state that they will waive their right thereto, the Court must deny the Motion to Remand.
For these reasons, the plaintiffs' Motion to Remand is DENIED.