Laserfiche WebLink
2002 U.S. Dist LEXIS 15217, ' <br />controversy exceeds $ 75,000, other than to state the <br />following: "[Plaintitf] seeks a declaration that it is <br />entitled to possession of real property claiming that it has <br />title to the subject tract and all improvemenzs. The value <br />of the tract and fertilizer plant clearly exceeds the <br />jurisdictional minimum of $ 75,000. Accordingly, the <br />amount in controversy requirement is satisfied." <br />Defendant's notice contains only two additional <br />references to monetary amounts. First, Defendant claims <br />that it acquired the Boos Brothers' interest in the <br />Missouri River tract, as well as other property rights of <br />the Boos Brothers, ['S] in 2977 for $ 300,000. Second, <br />Defendant contends that it owns and has paid all of the <br />personal and real property taxes on the Missouri River <br />tract for the past twenty-five years. Defendant does not <br />outline the specific amount'of taxes paid in the notice of <br />removal. <br />II. STANDARD FOR REMAND <br />(HNl] A defendant may remove a case filed in state <br />court only if the plaintiff could have filed suit in federal <br />court originally. 28 U.S.C. § 1441(a). "If at any time <br />before final judgment it appears that the distriM court <br />lacks subject matter jurisdiction, the case shall be <br />remanded." Id. § 1447(c). As the party invoking the <br />federal court's jurisdiction, the defendant carries the <br />burden of demonstrating that the requirements for <br />exercising jurisdiction are present. Martin v. Franklin <br />Capital Corp., 251 F.3d 1284, 1190 (10th Cir. 2001) <br />(citation omitted). "Because the courts of the United <br />States are courts of limited jurisdiction, there is a <br />presumption against federal jurisdiction." Frederick & <br />Warinner v. Lundgren, 962 F. Supp. 1580, /582 (D. Kan. <br />1997) (citing Basso v. Utah Power & Light Co., 495 <br />F1d 906, 909 (10th Cir. 1974)). (*6) "Doubtful cases <br />must be resolved in favor of remand." Thurkill v. <br />Menninger Clinic, Inc., 72 F. Supp. Zd 1232, 1234 (D. <br />Kan. 1999) (citing Laughlin v. Kmart Corp., SO Fad <br />871, 873 (10th Cir. 1995) (further citations omitted)). <br />III. DISCUSSION <br />Plaintiff seeks to remand this case on two grounds. First, <br />Plaintiff contends that the court tacks diversity subject <br />[natter jurisdiction over the case because Defendant <br />cannot show that the amount in controversy exceeds $ <br />75,000. Second, Plaintiff azgues that one of Defendant's <br />counterclaims against Plaintiff requires joinder of a <br />party, the State of Kansas, over which the court cannot <br />acquire jurisdiction pursuant fo tbe Eleventh Amendment <br />of the United States Constitution. Plaintiff also requests <br />that the court award it the costs and attorney fees it has <br />expended in moving to remand the action to state court. <br />A. Amount in Controversy [HIJ2J In the Tenth <br />Circuit, "the amount in controversy is ordinarily <br />Page 3 <br />determined by the allegations of the complaint, or, where <br />they aze not dispositive, by the allegations in the notice <br />of removal." Laughlin, 50 Fad at 873 (citing Lonnquist <br />v. J C. Penney Co., 421 F.1d 597, 599 (10th Cir. 1970)). <br />(•7J The defendant must "set forth, in the notice of <br />removal itself, the 'underlying faczs supporting [the] <br />assertion that the amount in controversy exceeds [$ <br />75,000]'" Id. (quoting Gaul v. Miles, Inc., 980 F1d 564, <br />567 (9th Cir. 1991)). The defendant must establish the <br />requisite jurisdiMional amount in controversy by a <br />preponderance of the evidence. Martin, 251 Fad at <br />1290 (citations omitted). Coaclusory allegations of <br />jurisdiction aze insufficient, Honeycutt v. Dillard's, /ne., <br />989 F. Supp. 1375, 1377 (D. Kan. )997) (citing Gaus, <br />980 F.2d at 567), and "after-the-fact-zationalization[s]" <br />that the defendant has met its burden will not be <br />considered by tht court, Alley v. Am Med. Sys., No. 98- <br />2217- KHV, 1998 WL 596715, at '2 (b. Kan. July 22, <br />1998) (citing Gray v. NY. Lije Ins. Co., 906 F Supp. <br />628, 637 (N.D. Ala. 1995)). <br />Plaintiff did not allege an amount in controversy in its <br />petition in dtis case. Plaintiff requested only that the <br />court "awazd to Plaintiff from Defendant, the possession <br />of the Property; award to Plaintiff, from Defendant, <br />Plaintiffs costs of collection ['8) incurred herein, <br />including reasonable attorneys' fees; and grant Plaintiff <br />such other and further relief as the Court deems just and <br />proper." Therefore, under Laughlin, the court is limited <br />to examining whether the underlying facts advanced by <br />Defendant in its notice of removal establish by a <br />prepondemnce of the evidence that the amount in <br />controversy exceeds $ 75,000. <br />[HN3] Where, as here, a plaintiff seeks injunctive or <br />equitable relief related to possession of property, "the <br />amount in controversy is the value of the realty duectly <br />affected." Sanchez v. Taylor, 377 F2d 733, 736 (10th <br />Cir. 1967) (citations omitted); A. C. McKoy, Inc. v. <br />Schonwald, 34/ FId 737, 739 (10th Cir. 1965) (citations <br />omitted); Ronzio v. Denver & R.G.W.R. Co., 116 F1d <br />604, 606 (10th Cir. 1940) (citations omitted). The court <br />may examine the value of the realty from the perspective <br />of either the plaintiff ar the defendant Ronzio, !I6 F.Zd <br />ae 606 (citations oadtted). <br />Defendant has not advanced sufficient underlying facts <br />in its notice of removal to establish that the value of the <br />Missouri River tract, from the perspective of either ["9] <br />party, exceeds the jurisdictional arinunum of $ 75,000. <br />Most importantly, Defendant's notice of removal never <br />provides the court with a specific allegation of the <br />amount in controversy. Defendant alleges in its notice <br />only that: "[Plaintiff] seeks a declaration that it is entitled <br />to possession of real property claiming that it has title to <br />