-REW England v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. et al, No. 5:2011cv00120 - Document 12 (E.D. Ky. 2012)
Court Description: OPINION & ORDER: 8 Motion to Remand to State Court by Elesha England is DENIED. Signed by Judge Karl S. Forester on 01/26/2012.(DAK)cc: COR
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON CIVIL ACTION NO. 11-120-KSF ELESHA ENGLAND v. PLAINTIFF OPINION & ORDER ORTHO-McNEIL-JANSSEN PHARMACEUTICALS, INC., et al DEFENDANTS *********** Currently before the Court is the motion of Plaintiff, Elesha England, to remand this matter to state court. The Defendants, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Janssen-Cilag Manufacturing, LLC, and ALZA Corporation (collectively the Defendants ), oppose England s motion. For the reasons set forth below, England s motion to remand will be denied. I. PROCEDURAL BACKGROUND England originally filed this products liability action in the Scott Circuit Court on February 22, 2011 [DE #1-1]. In her Complaint, she alleges that she suffered injuries after being prescribed and taking a medication manufactured, marketed, and distributed by the Defendants. Her Complaint does not allege a precise amount of damages. On April 1, 2011, the Defendants filed their Notice of Removal, stating that the Complaint showed a complete diversity of citizenship among the parties and an amount in controversy in excess of $75,000.00 [DE #1]. This case has proceeded with discovery. On December 19, 2011, England filed her motion to remand. While England concedes that removal was proper at that time because it was believed by the parties that the amount of damages at issue in this case was in excess of $75,000.00, she contends that the Court no longer has subject matter jurisdiction over this matter because her medical condition has improved and she is no longer claiming that she is entitled to an amount of damages in excess of $75,000.00 [DE #8]. The Defendants oppose England s motion on the grounds that allegations of improvement in England s medical condition are not sufficient to relieve this Court of subject matter jurisdiction over this action and do not require a remand to state court. II. ANALYSIS To establish subject matter jurisdiction based on diversity of citizenship, the amount in controversy must be at least $75,000. 28 U.S.C. ยง 1332(a). Diversity jurisdiction under section 1332 is determined at the time of removal. Rogers v. Wal-Mart Stores, Inc., 230 F.3d 868, 871 (6th Cir. 2000). When considering motions to remand, the district court must scrutinize whether the action was properly removed in the first place. Ahearn v. Charter Township of Bloomfield, 100 F.3d 451, 453 (6th Cir. 1996). The plaintiff concedes that at the time of removal she believed the amount in controversy was in excess of $75,000.00. Now, after discovery, the plaintiff contends that her condition has improved and she is no longer claiming that she is entitled to an amount of damages in excess of $75,000. However, the law in this circuit is clear - the amount in controversy is evaluated at the time of removal. Northup Props, Inc. v. Chesapeake Appalachia, LLC, 567 F.3d 767, 769-70 (6th Cir. 2009)(considering the amount in controversy at the time of removal on a motion to remand); Everett v. Verizon Wireless, Inc., 460 F.3d 818, 822(6th Cir. 2006)( In gauging the amount in controversy, courts view the claims from the vantage point of the time of removal. ). Because there 2 is no dispute that the amount in controversy was in excess of $75,000 at the time of removal, the plaintiff s motion to remand will be denied. III. CONCLUSION For the reasons set forth above, the Court, being fully and sufficiently advised, hereby ORDERS that the plaintiff s motion to remand [DE #8] is hereby DENIED. This January 26, 2012. 3
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