Order Denying Motion to Remand

On January 9, 2013, a federal trial court entered an order denying the plaintiff’s motion to remand a case that Deborah Halvorsen had removed to federal court. Deborah opposed the motion to remand and, to meet her burden of proof regarding the requisite $75,000 amount in controversy, relied in part on medical bills produced by the plaintiff during state court discovery. The bills showed accumulated medical expenses of more than $116,000. The plaintiff argued that this ignored adjustments of over $96,000, leaving a remaining balance of just over $17,000. The federal district judge rejected the plaintiff’s argument, and held that “the possibility of any future set-off cannot be considered at the jurisdictional stage or used to reduce the amount in controversy.” A copy of the order may be obtained by calling Deborah Halvorsen at 904-346-3166, extension 3009.