NEWMAN

v.

WAL-MART STORES EAST LP

THIS CAUSE is before the Court on Defendant’s Reply and Memorandum of Law to Show Good Cause Why This Case Should Remain in Federal Court and Not Be Remanded (Doc. 7; “Response”) filed on February 10, 2023. On January 23, 2023, Defendant Wal-Mart Stores East, L.P., (“Wal- Mart”) filed Defendant’s Notice of Removal of Action Under 28 U.S.C. Section 1441(b) (Diversity) (Doc. 1; “Notice”) removing this case from the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida. See generally Notice. In the Notice, Wal-Mart invoked this Court’s diversity jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) because “the parties are diverse, and it appears to a legal certainty that Plaintiff can recover at least $75,000, exclusive of interests and costs,” and Wal-Mart otherwise complied with the removal requirements of 28 U.S.C. § 1441. See id. at 9. On January 26, 2023, the Court entered a Jurisdictional Order (Doc. 6; “Order”) inquiring into its subject matter jurisdiction over this case. See generally Order. In the Order, the Court found that Wal-Mart had failed “to plausibly allege that the amount in controversy exceeds the jurisdictional threshold.”¹ See id. at 5. Specifically, the Court noted that Wal-Mart’s allegations rested on a seemingly redacted demand letter that was “too vague and conclusory to be given any weight.” Id. Thus, the Court directed Wal-Mart “to provide the Court with sufficient information so that it can determine whether it has diversity jurisdiction over this action.” Id. at 6. On February 10, 2023, Wal-Mart filed its Response which, in the Court’s view, continues to be insufficient to satisfy the Court’s jurisdictional inquiry. Plaintiff has also responded notifying the Court of her belief that Wal-Mart has not established the amount in controversy. See

filed February 17, 2023. This case arises out of an incident on September⁷, 2019, when Plaintiff slipped and fell in a Wal-Mart store and suffered injuries. See Complaint and Demand for Jury Trial ¶¶ 4, 7 (Doc. 3; “Complaint”), filed January 24, 2023.

According to her Complaint, Plaintiff slipped on “a transitory substance” which was allegedly on the floor due to Wal-Mart’s negligence. See id. ¶¶ 7, 12. Though Plaintiff generally alleges present and future damages, she does not describe her injuries or expenses in any detail,² and only demands judgment

“for an amount in excess of $30,000.00” plus costs. Id. at 3. In its Response, Wal-Mart contends that the amount in controversy exceeds $75,000 based on Plaintiff’s general statement of her injuries, Plaintiff’s civil cover sheet, and Wal-Mart’s belief that Plaintiff has received treatment including “multiple surgeries and pain management.” See Response at 2, 4–5. Specifically, Wal- Mart asserts that—as of 2020—Plaintiff has been “recommended for Right Knee arthroscopic surgery, with ACL reconstruction, a lumbar epidural steroid

the defendant “bears the burden of proving that federal jurisdiction exists.” See Williams v. Best Buy Co., Inc., 269 F. 3d 1316, 1319 (11th Cir. 2001). In Dart Cherokee Basin Operating Co., the Supreme Court explained that a defendant’s notice of removal must include “a plausible allegation that the amount in controversy exceeds the jurisdictional threshold.” See Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547, 554 (2014). If the plaintiff contests the allegation, or the court questions it, a defendant must then present evidence establishing that the amount in controversy requirement is met. Id. (citing 28 U.S.C. § 1446(c)(2)(B)); see also Dudley v. Eli Lilly & Co., 778 F. 3d 909, 912 (11th Cir. 2014). Notably, “[a] conclusory allegation in the notice of removal that the jurisdictional amount is satisfied, without setting forth the underlying facts supporting such an assertion, is insufficient to meet the defendant’s burden.” See Williams, 269 F. 3d at 1320. Indeed, the Court may not speculate or guess as to the amount in controversy. See Pretka v. Kolter City Plaza II, Inc., 608 F. 3d 744, 752 (11th Cir. 2010). Rather, a removing defendant should make “specific factual allegations establishing jurisdiction” and be prepared to “support them (if challenged by the plaintiff or the court) with evidence combined with reasonable deductions, reasonable inferences, or other reasonable extrapolations.” Id. at 754 (emphasis added). In those circumstances, a court is able to determine the amount in controversy without relying on impermissible “conjecture, speculation, or star gazing.”

Id. at 754 (emphasis added).³ As an initial matter, the Court is not persuaded by Wal-Mart’s assertion that “[c]ourts have found similar damages [to those enumerated in the Complaint] support that the amount in controversy exceeds the jurisdictional requirement.” See Notice at 2. Many of the decisions Wal-Mart cites involved a complaint with specific factual detail, extrinsic evidence, or both. See Poltar v. LM Gen. Ins. Co., 473 F. Supp. 3d 1341, 1345–46 (M.D. Fla. 2020) (considering medical bills and the plaintiff’s “detailed explanation of potential future medical costs”); Hudspeth v. Gov’t Emp. Ins. Co., No. 6:16-cv-1960-Orl-

Wal-Mart also submits a document describing surgical recommendations for Plaintiff. See Response at 10.5 But this document specifies that it makes “future” recommendations as opposed to “current” ones.6 See id. Indeed, the form indicates that Plaintiff is not presently a candidate for a lumbar discectomy, but that she may become a candidate “[i]n the future for worsening symptoms.” Id. at 11. And pain management is recommended “if not improved.” Id. (emphasis added). The document does not suggest that Plaintiff has undergone surgery or plans to do so. Accordingly, it is of little value in establishing the amount actually in controversy in this action. On this record, Wal-Mart fails to present a “plausible allegation” of the amount in controversy. Wal-Mart’s recitation of the generic, vague, and categorical allegations of the Complaint, combined with references to the civil cover sheet and the potential for future surgical intervention, do not provide the Court with any specific, factual information by which to determine whether Plaintiff’s damages plausibly exceed the jurisdictional threshold. Indeed, based on the allegations in the Notice and Complaint, the Court can do no more

‘divined [only] by looking at the stars’—only through speculation—and that is impermissible.” Pretka, 608 F. 3d at 753–54 (11th Cir. 2010) (second alteration in original) (quoting Lowery v. Ala. Power Co., 483 F. 3d 1184, 1215 (11th Cir. 2007)). In light of Plaintiff’s vague allegations of damages, and in the absence of any information regarding the nature of her injuries or the cost of her medical care, the Court is unable to determine whether the amount-in-controversy requirement is satisfied here. Accordingly, the allegations presently before the Court are insufficient to invoke the Court’s subject matter jurisdiction over this action. As Wal-Mart has not established a basis for the removal of this action from state court and has failed to satisfactorily allege that the amount in controversy in this case exceeds § 1332(a)’s jurisdictional threshold amount, it is hereby ORDERED: The case is REMANDED to the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida, for further proceedings. ?

DONE AND ORDERED in Jacksonville, Florida this 28th day of February, 2023.

MARCIA MORALES HOWARD

United States District Judge le31 Copies to: Counsel of Record Clerk, Circuit Court, Fourth Judicial Circuit, in and for Duval County, Florida