Jasper v. Wal-Mart Stores, Inc.
| Decision Date | 15 March 1990 |
| Docket Number | No. 90-2-CIV-FTM-17(B).,90-2-CIV-FTM-17(B). |
| Citation | 732 F. Supp. 104 |
| Parties | Phillip JASPER, etc., et al., Plaintiffs, v. WAL-MART STORES, INC., et al., Defendants. |
| Court | U.S. District Court — Middle District of Florida |
Bill Wagner, Wagner, Cunningham, Vaughan & McLaughlin, Tampa, Fla., for plaintiffs.
Hal Adams, Smoot, Adams, Johnson & Green, P.A., Fort Myers, Fla., for defendants.
ORDER OF REMAND
This cause is before the Court on Plaintiffs' motion to remand, filed January 30, 1990, and response, filed March 14, 1990.
Statutes conferring diversity and removal jurisdiction should be strictly construed. Owen Equipment and Erection Co. v. Kroger, 437 U.S. 365, 98 S.Ct. 2396, 57 L.Ed.2d 274 (1978). As to removal statutes they are strictly construed because: 1) the exercise of removal is in derogation of state sovereignty; 2) jurisdictional allegations for removal are extremely simple for any lawyer to draft; 3) a liberal construction would promote uncertainty as to a court's jurisdiction in marginal cases; and 4) 28 U.S.C. § 1446(b) is a statute of repose designed not to unduly delay trials. Hill v. General Motors Corp., 654 F.Supp. 61 (S.D.Fla.1987); citing, Richmond, F. and P.R. Co. v. Intermodal Services, Inc., 508 F.Supp. 804 (E.D.Va.1981). All statutory requisites of diversity jurisdiction "must be alleged at least imperfectly in the original petition for removal; otherwise, the petition may not be amended after expiration of the 30-day period." Richmond, at 806.
The jurisdictional amount for removal of cases based on diversity of citizenship has been increased from $10,000.00 to $50,000.00, pursuant to 28 U.S.C. § 1332. The amendment to the jurisdictional amount became effective on or about May 18, 1989, prior to the filing of this petition for removal.
The petition for removal of this case fails to assert that the amount in controversy exceeds $50,000.00, exclusive of costs and interest, as is required. In fact the petition fails to make any allegations whatsoever regarding the amount in controversy.
Additionally all defendants, served at the time of filing the petition, must join in the removal petition; the petition must be signed by all defendants or the signer must allege consent of all defendants. Non-served defendants who are served after removal must join at that time, within thirty (30) days of receipt of the complaint. Fellhauer v. City of Geneva, 673 F.Supp. 1445 (N.D.Ill.1987).
The petition was filed by Def...
To continue reading
Request your trial
-
Miles v. Kilgore
...Circuit has determined that an allegation of a co-defendant's consent is sufficient joinder or consent. See Jasper v. Wal-Mart Stores, Inc., 732 F.Supp. 104, 105 (M.D.Fla.1990). The language of this M.D.Fla. opinion, 732 F.Supp. at p. 105, reads as follows: "Additionally, all defendants, se......
-
Bailey v. Markham
...that, if defendants have not been served, then they need not join in the notice of removal. See, e.g., Jasper v. Wal-Mart Stores, 732 F. Supp. 104, 105 (M.D. Fla. 1990) (noting "all defendants, served at the time of filing the petition, must join in the removal petition"); Crawford v. Fargo......
-
Michaels v. State of N.J.
...States indicated on the face of the removal petition whether the remaining defendants agree to removal"); Jasper v. Wal-Mart Stores, Inc., 732 F.Supp. 104, 105 (M.D.Fla.1990) (holding that "the petition must be signed by all defendants or the signer must allege consent of all defendants"); ......
-
Diebel v. S.B. Trucking Co.
...must do more than simply state in the removal notice that all defendants consent to. removal"); but see Jasper v. Wal-Mart Stores, Inc., 732 F.Supp. 104, 105 (M.D.Fla.1990) ("Additionally, all defendants served at the time of filing the petition, must join in the removal petition; the petit......
-
Removal to Federal Court the Practitioner's Tightrope
...Narron, 710 F. Supp. 1116, 1118 (S.D.Tex. 1989)(failure to indicate date of service defective). [FN56]. Jasper v. Wal-Mart Stores, Inc., 732 F. Supp. 104, 105 (M.D. Fla. 1990). [FN57]. 28 U.S.C. § 1446(a). [FN58]. 28 U.S.C. § 1446(b). [FN59]. 28 U.S.C. § 1446(d). [FN60]. D.Kan.Rule 201 (civ......