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P.I.: Other | Louisiana Middle
Order
NOTICE AND ORDER: Defendants Formosa Plastics Corporation, Louisiana and PSC Group, LLC ("Defendants") filed their 1 Notice of Removal and Request for Trial by Jury alleging that the basis for subject matter jurisdiction in this case is diversity of citizenship under 28 U.S.C. 1332. The Notice of Removal ("NOR") adequately alleges the diverse citizenship of Plaintiff Myles Easterling (LA), Defendant Formosa Plastics Corporation, Louisiana (DE/NJ), and Defendant PSC Group, LLC (which unwinds to one member, PSC Parent, Inc (DE/TX)). The NOR alleges that the amount in controversy is met based on Plaintiff's medical records, which currently reflect past medical expenses of $7,500, arising out of injuries he allegedly suffered in the accident giving rise to his claims. R. Doc. 1, para. 7, citing R. Doc. 1-4. Defendants further argue that amount in controversy is met because Plaintiff previously only complained of damages related to his toe injury, but is now relating spinal injuries to the incident (Plaintiff informed Defendants of his spinal injury at his deposition, but the deposition does not provide any additional evidence of Plaintiff's medical expenses (R. Doc.1-3)) and the total amount of claimed lost wages is not clear. This information is not sufficient to establish the requisite amount in controversy ("AIC") at this time. The Court sua sponte raises the issue of whether subject matter jurisdiction has been adequately alleged. Defendants are ORDERED to review the Courts Notice of Requirements for Diversity Jurisdiction, which can be found on the Court's website at https://www.lamd.uscourts.gov/content/magistrate-judge-erin-wilder-doomes, under Information. If Defendants can correct the deficient jurisdictional allegations (28 U.S.C. 1653), by no later than July 29, 2026, Defendants shall file a memorandum and additional supporting evidence of AIC, specifically attaching additional supporting evidence of Plaintiff's damages. Defendants 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 cases asserting personal injury. By no later than August 12, 2026, Plaintiff shall file a Motion to Remand, if Plaintiff contends Defendants have not met their burden to establish subject matter jurisdiction. Signed by Magistrate Judge Erin Wilder-Doomes on 7/16/2026. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
P.I.: Other | Texas Southern
Return of Service Executed
RETURN of Service of SUMMONS Executed as to PSC Group, LLC served on 7/14/2026, answer due 8/4/2026, filed. (Ghisalbert, David)
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