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Judice & Adley
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Notice | Filed: April 09, 2024 | Entered: April 09, 2024 Exkano et al v. Walmart Inc. et al
P.I.: Other | Louisiana Middle
Notice of (other)
NOTICE of Non-Opposition by Wal-Mart Associates, Inc., Wal-Mart Louisiana, LLC, Walmart Inc. (Amedee, Allie)
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Order | Filed: April 03, 2024 | Entered: April 03, 2024 Exkano et al v. Walmart Inc. et al
P.I.: Other | Louisiana Middle
Order
NOTICE AND ORDER: Defendants Walmart Inc., Wal-Mart Louisiana, LLC, and Wal-Mart Associates, Inc., filed an 11 Amended Notice of Removal on 9/21/23, alleging this Court has diversity subject matter jurisdiction. The Amended Notice of Removal adequately alleges the diverse citizenship of the parties. However, Defendants' allegations are currently inadequate to establish the requisite amount in controversy ("AIC"). The vague, garden variety damages claimed in this case have been consistently held by this Court insufficient to meet the burden of establishing that damages are likely to exceed $75,000, exclusive of interests and costs. This Court has remanded cases that relied on such allegations in the past and did so recently with more information than is contained in the Amended Notice of Removal. See Pate v. Murphy Oil USA, Inc., et al., Civ. Action No. 23-260 (M.D. La.), R. Doc. 12 (Jackson, J.). Additionally, the reliance on language from Dart Cherokee Basin Operating Co., LLC v. Owens, 574 U.S. 81 (2014) is unpersuasive. Dart outlined the procedures and standards for asserting, challenging, and evaluating allegations concerning the amount in controversy for putative class actions removed under the Class Action Fairness Act, which is intended to be read more expansively than standard allegations of diversity jurisdiction. Accordingly, Defendants are ORDERED to review the Court's Notice of Requirements for Diversity Jurisdiction, which can be found on Judge Wilder-Doomes' page on the Court's website under Case Information and Forms. If Defendants can correct the deficient jurisdictional allegations (28 U.S.C. 1653), by no later than 4/15/24, Defendants shall file a memo and supporting evidence concerning whether the AIC requirement of 28 U.S.C. § 1332 is met. The memorandum shall include a certification that counsel has reviewed the Notice of Jurisdictional Requirements and all applicable cases cited regarding the pleading of the AIC in personal injury cases. The case will be allowed to proceed if jurisdiction is adequately established. Signed by Magistrate Judge Erin Wilder-Doomes on 4/3/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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Utility | Filed: March 27, 2024 | Entered: March 27, 2024 Exkano et al v. Walmart Inc. et al
P.I.: Other | Louisiana Middle
Case Assigned/Reassigned
Case Reassigned to Magistrate Judge Erin Wilder-Doomes. Magistrate Judge Richard L. Bourgeois, Jr. no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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