Opinion
CIVIL ACTION NO: 11-1759
12-08-2011
LACRYSTAL WYATT v. TARGET CORPORATION OF MINNESOTA
JUDGE
MAGISTRATE JUDGE HORNSBY
ORDER
Before the Court is a Motion to Remand [Doc. #6] filed by the Plaintiff, LaCrystal Wyatt. The motion is opposed by the Defendant, Target Corporation of Minnesota. [Doc. #8].
Plaintiff filed her Complaint in state court, which was subsequently removed to this Court by the Defendant based on diversity of citizenship pursuant to 28 U.S.C. § 1332. [Doc. #1]. Plaintiff s state law Complaint carefully states that her damages exceed $50,000.00, but are less than $75,000.00 at the time of filing. [Complaint ¶ VII]. Plaintiff reserved her right "to amend for a greater amount pending discovery." Id. Thus, Plaintiff has alleged an indeterminate amount of damages. DeAguilar, et al v. Boing Co., et al, 47 F.3d 1404, 1409 (5th Cir. 1995).
Defendant has demonstrated by a preponderance of the evidence that the amount in controversy exceeds $75,000.00. Simon v. Walmart Stores, 193 F.3d 848, 850 (5th Cir. 1999). Plaintiff's Complaint alleges that "she has sustained severe and disabling injuries" to her neck and back, cephalgia, and abdominal stress. [Complaint ¶V]. She alleges damages for physical pain and suffering (past, present and future); medical expenses (past, present and future); loss of enjoyment of life (past, present and future); and lost wages and loss of earing capacity (past, present and future). [Complaint ¶ VI]. Thus, the face of the Complaint establishes that Plaintiff's alleged damages exceed the required jurisdictional amount of $75,000.00. See Luckett v. Delta Airliens, Inc., 171 F.3d 295, 298 (5th Cir. 1999). Accordingly, Plaintiff's Motion to Remand [Doc. #6] is hereby DENIED.
DONALD E. WALTER
UNITED STATES DISTRICT JUDGE