From Casetext: Smarter Legal Research

Scott v. Office Depot, Inc.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
May 7, 2015
CIVIL ACTION NO. 14-791-JJB-RLB (M.D. La. May. 7, 2015)

Summary

finding removal period not triggered by plaintiff's discovery responses because "[d]efendants would be required to speculate or conduct their own additional investigation, as highlighted by the competing 'quantum' cases submitted by both parties, to determine whether the amount in controversy requirement was satisfied based upon characterizations of Ms. Scott's injuries by her doctor and the amount of steroid injections she received. Removing defendants, however, are not held to a due diligence standard."

Summary of this case from Williams v. Wal-Mart La., LLC

Opinion

CIVIL ACTION NO. 14-791-JJB-RLB

05-07-2015

SHERRY SCOTT, ET AL v. OFFICE DEPOT, INC.


RULING

The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Richard L. Bourgeois, Jr. dated April 17, 2015 (doc. no. 12) to which no objection has been filed.

The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court's opinion herein. Accordingly, the plaintiff's Motion to Remand (doc. no. 10) is DENIED.

Baton Rouge, Louisiana, this 7th day of May, 2015.

/s/_________

JAMES J. BRADY

UNITED STATES DISTRICT JUDGE


Summaries of

Scott v. Office Depot, Inc.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
May 7, 2015
CIVIL ACTION NO. 14-791-JJB-RLB (M.D. La. May. 7, 2015)

finding removal period not triggered by plaintiff's discovery responses because "[d]efendants would be required to speculate or conduct their own additional investigation, as highlighted by the competing 'quantum' cases submitted by both parties, to determine whether the amount in controversy requirement was satisfied based upon characterizations of Ms. Scott's injuries by her doctor and the amount of steroid injections she received. Removing defendants, however, are not held to a due diligence standard."

Summary of this case from Williams v. Wal-Mart La., LLC

recommending the court retain jurisdiction based on removal triggered by settlement demand letter setting out medical expenses of $21,315.49 to date in addition to $130,000.00 to $390,000.00 for future medical expenses for the next five to ten years for, inter alia, two to three epidural injections per year to treat multiple disc bulges and herniations

Summary of this case from Williams v. Wal-Mart La., LLC
Case details for

Scott v. Office Depot, Inc.

Case Details

Full title:SHERRY SCOTT, ET AL v. OFFICE DEPOT, INC.

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: May 7, 2015

Citations

CIVIL ACTION NO. 14-791-JJB-RLB (M.D. La. May. 7, 2015)

Citing Cases

Williams v. Wal-Mart La., LLC

(Emphasis added). "[T]he Fifth Circuit has provided a bright line rule that 'the thirty-day removal period…

Safranek v. USAA Cas. Ins. Co.

Accordingly, the 30-day period for removing the action was not triggered by service of the original Petition,…