Opinion
Civil Action No. 3:07-CV-55.
August 8, 2007
ORDER DIRECTING THE SUBMISSION OF AFFIDAVITS BY PLAINTIFFS
This matter is now before the Court for consideration of the Plaintiffs' Motion to Remand [Doc. 13]. In support of the motion, plaintiffs contend that the amount in controversy falls short of the jurisdictional limit of $75,000. See 28 U.S.C. § 1332(a). In response, defendants note that, in addition to the claim for compensatory damages, plaintiffs' Complaint [Doc. 1] contains a $100,000 punitive damage demand. As such, the defendants argue that the amount in controversy, based on the plaintiffs' Complaint [Doc. 1], is well in excess of the jurisdictional requirement of $75,000.
In recognition of the above, and to the extent that the plaintiffs wish to pursue their Motion to Remand [Doc. 13], the Court DIRECTS each plaintiff to file with the Clerk an affidavit setting forth a binding limit on total damages (punitive and compensatory) including fees, if sought, that the plaintiffs will seek and accept in the present action. Pursuant to 28 U.S.C. § 1332(a), the stipulated amount shall not include interest and costs.
It is so ORDERED.
The Clerk is directed to transmit true copies of this Order to counsel of record.