Gen. Motors LLC v. Gen. Motors LLC
Decision Date | 05 May 2015 |
Docket Number | 14-MD-2543 (JMF) |
Parties | IN RE: GENERAL MOTORS LLC IGNITION SWITCH LITIGATION This Document Relates To Gambill v. General Motors LLC, 15-CV-2035 (JMF) |
Court | U.S. District Court — Southern District of New York |
Courtney and Shelia Gambill, Plaintiffs in the above-captioned member case in this multi-district litigation, move to remand their case to the Kentucky state court from which it was removed by Defendant General Motors LLC ("New GM"). In removing the case, New GM invoked the federal courts' diversity jurisdiction established by Title 28, United States Code, Section 1332. Plaintiffs move to remand, contending that the federal courts lack subject-matter jurisdiction pursuant to Section 1332 because the statute's amount-in-controversy requirement has not been met. Upon review of the parties' submissions (14-MD-2543 Docket Nos. 775, 776, 844, and 929; 15-CV-2035 Docket No. 39), the motion is DENIED.
The law relevant to Plaintiffs' motion can be stated briefly. Section 1332 endows the federal courts with subject-matter jurisdiction in cases where the amount in controversy exceeds $75,000 and the parties are of diverse citizenship. See 28 U.S.C. § 1332(a); see also Fireman's Fund Ins. Co. v. TD Banknorth Ins. Agency Inc., 644 F.3d 166, 169 (2d Cir. 2011). If an action meeting those criteria is originally brought in state court, it "may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending." 28 U.S.C. § 1441(a). Courts must consider the amount in controversy at the time of removal; accordingly, "a plaintiff cannot seek to deprive a federalcourt of jurisdiction by reducing her demand to $75,000 or less once the jurisdictional threshold has been satisfied." Yong Qin Luo v. Mikel, 625 F.3d 772, 776 (2d Cir. 2010).
Pursuant to Section 1446, which sets forth procedures governing removal, "the notice of removal may assert the amount in controversy if the initial pleading seeks . . . a money judgment, but the State practice either does not permit demand for a specific sum or permits recovery of damages in excess of the amount demanded." Id. § 1446(c)(2)(A). Removal is proper under this subsection "if the district court finds, by the preponderance of the evidence, that the amount in controversy exceeds the amount specified in section 1332(a)." Id. § 1446(c)(2)(B). As the Supreme Court has held in explaining the subsection — which was added to Section 1446 as part of the Federal Courts Jurisdiction and Venue Clarification Act of 2011, Pub. L. No. 112-63, § 103, 125 Stat. 758, 760 (2011) (the "JVCA") — "the defendant's amount-in-controversy allegation [set forth in the notice of removal] should be accepted when not contested by the plaintiff or questioned by the court . . . If the plaintiff contests the defendant's allegation . . . both sides submit proof and the court decides, by a preponderance of the evidence, whether the amount-in-controversy requirement has been satisfied." Dart Cherokee Basin Operating Co. v. Owens, 135 S. Ct. 547, 553-54 (2014).
Because Plaintiffs' complaint, filed in Kentucky state court, did not demand a specific amount of damages (see Ky. R. Civ. P. 8.01 (), New GM removed Plaintiffs' case based on assertions in its Notice of Removal that — in light of the Complaint's allegations of "severe and permanently crippling and disabling bodily injuries" suffered by Courtney Gambill , and based on the fact that Plaintiffs sought punitive damages (id. ¶ 13) — "[i]t is evident that the amount in controversy exceeds $75,000" (Notice of Removal ¶ 11).1 Plaintiffs challenge New GM's assertions, arguing that the company has not established that the amount-in-controversy requirement has been met in their case. () .2 The Court disagrees, and finds — based not only on the parties' memoranda but also on the parties' supplemental submissions made at the Court's behest (14-MD-2543 Docket Nos. 901 & 929; 15-CV-2035 Docket No. 39) — that New GM has shown, by a preponderance of the evidence, that the amount in controversy exceeds $75,000.
The Court bases its finding on two inescapable facts in this case. First, Plaintiffs' Complaint asserts, inter alia, that Courtney Gambill "incurred hospital and medical bills for treatment of her permanently disabling injuries"; sustained "great and severe physical and mental pain and suffering"; and "has had her ability to work and earn money permanently impaired." (Compl. ¶ 14). Although Plaintiffs are correct that Courtney Gambill's medical costs to date do not exceed $75,000 (see 15-CV-2035 Docket No. 39, at 1), Courtney Gambill appears to assert claims for damages based on future medical expenses and loss of income, not to mention future non-economic damages such as pain and suffering (Compl. ¶ 14 ( ). See Dill v. Ron's Golf Car Rental, Inc., No. 12-CV-00137 (JBA), 2013 WL 3716382, at *4 (D. Conn. July 12, 2013) ( ).
What is more, additional documents submitted by New GM — including a letter submitted to Plaintiffs' attorney by Courtney Gambill's doctor regarding the extent of her injuries, included as part of their Plaintiff Fact Sheet ("PFS") submissions3 — all but confirm that Courtney Gambill's claimed compensatory damages more likely than not exceed $75,000. Indeed, courts have frequently found that injuries of the sort suffered by Courtney Gambill are sufficient to meet the amount-in-controversy requirement. See, e.g., Zido v. Werner Enters., Inc., 498 F. Supp. 2d 512, 514 & n.3 (N.D.N.Y. 2006) ( ); James v. Gardner, No. 04-CV-1380 (DGT) (KAM), 2004 WL 2624004, at *4 (E.D.N.Y. Nov. 10, 2004) ( ); Scott v. Home Depot U.S.A., Inc., No. 11-CV-62426 (JIC), 2012 WL 86986, at *3 (S.D. Fla. Jan. 11, 2012) ( ). And, as the cases New GM cites in its supplemental letter make clear (14-MD-2543 Docket No. 929, at 3), courts not infrequently award damages far in excess of $75,000 based on injuries as or less severe than those asserted by Courtney Gambill. See Bercy v. Am. Airlines, Inc., No. 09-CV-1750 (ALC) , 2011 WL 2490716, at *2 (E.D.N.Y. June 22, 2011) ( ).
Second, although Courtney Gambill's claimed compensatory damages are themselves sufficient to meet the amount-in-controversy requirement in this case, she and Shelia Gambill seek more: their Complaint also asserts a claim for punitive damages based on "the fraudulent and wrongful conduct of" New GM. (Compl. ¶ 13). "Punitive damages, if permitted under the controlling law, do count toward the amount in controversy for purposes...
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