Adams v. Macon County Greyhound Park, Inc.

829 F. Supp. 2d 1127, 2011 U.S. Dist. LEXIS 136378, 2011 WL 5294732
CourtDistrict Court, M.D. Alabama
DecidedNovember 3, 2011
DocketCase No. 3:11-CV-125-WKW
StatusPublished
Cited by3 cases

This text of 829 F. Supp. 2d 1127 (Adams v. Macon County Greyhound Park, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Macon County Greyhound Park, Inc., 829 F. Supp. 2d 1127, 2011 U.S. Dist. LEXIS 136378, 2011 WL 5294732 (M.D. Ala. 2011).

Opinion

MEMORANDUM OPINION AND ORDER

W. KEITH WATKINS, Chief Judge.

In this lawsuit, 816 Plaintiffs bring a single claim under an Alabama statute that voids gambling contracts, seeking to recover money they lost playing electronic bingo machines at Victoryland and Quincy’s 777 in Macon County, Alabama. Defendants are Macon County Greyhound Park, Inc., doing business as Victoryland and Quincy’s 777; and the owners and operators of the electronic bingo machines, Multimedia Games, Inc., IGT, Cadillac Jack, Inc., Nova Gaming, LLC, and Bally Gaming, Inc. Plaintiffs originally filed this lawsuit in the Circuit Court of Macon County, Alabama, but it was removed here under the mass action, jurisdictional provision of the Class Action Fairness Act of 2005 (“CAFA”), see 28 U.S.C. §§ 1332(d)(ll) and 1453.

Before the court is Plaintiffs’ motion to remand for lack of subject matter jurisdiction, filed pursuant to 28 U.S.C. §§ 1332 and 1447(c). (Doc. # 33.) Plaintiffs argue that this case falls within' exceptions to CAFA and should be remanded to state court. IGT, Multimedia Games, Inc., and Cadillac Jack, Inc., filed responses in opposition 1 (Docs. # 46-48), to which Plaintiffs filed a reply (Doc. #49). After careful consideration, the court finds that the motion to remand is due to be denied.

I. STANDARD OF REVIEW

Federal courts have a strict duty to exercise the jurisdiction conferred on them by Congress. Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 716, 116 S.Ct. 1712, 135 L.Ed.2d 1 (1996). At the same time, “[f]ederal courts are courts of limited jurisdiction.” Burns v. Windsor Ins. Co., 31 F.3d 1092, 1095 (11th Cir.1994). Against that legal backdrop, in actions removed from state court to federal court, federal courts strictly construe removal statutes, resolve all doubts in favor of remand, and place the burden of proving jurisdiction on the removing defendant. Miedema v. Maytag Corp., 450 F.3d 1322, 1328-30 (11th Cir.2006). These principles were well established long before the enactment of CAFA in 1995, and the Eleventh Circuit has made clear that, notwithstanding CAFA’s expansion of diversity jurisdiction over class and mass actions with interstate significance, these principles remain undisturbed. Id.; see also Evans v. Walter Indus., Inc., 449 F.3d 1159, 1164 (11th Cir.2006) (“CAFA does not change the traditional rule that the party seeking to remove the case to federal court bears the burden of establishing federal jurisdiction.”). CAFA contains, however, several narrow exceptions to federal jurisdiction for actions that “are truly local in nature.” Evans, 449 F.3d at 1163. [1130]*1130And the Eleventh Circuit has held that, “when a party seeks to avail itself of an express statutory exception to federal jurisdiction granted under CAFA, ... the party seeking remand bears the burden of proof with regard to that exception.” Id. at 1164.

II. BACKGROUND

Only the facts material to resolving the motion to remand are set out here.2 At all times pertinent to this litigation, Defendant Macon County Greyhound Park (“MCGP”) offered pay-to-play electronic bingo machines to the public at its facility in Macon County, Alabama, under the names Victoryland and Quincy’s 777.3 (Am. Compl. ¶¶2, 17, 18.) MCGP is an Alabama corporation, which “is owned, in whole or in part,” by Milton McGregor (“McGregor”). (Am. Compl. ¶ 2.) The remaining Defendants — Multimedia Games, Inc., IGT, Cadillac Jack, Inc., Nova Gaming, LLC, and Bally Gaming, Inc. — are alleged to “own[ ] and operate! ]” the subject electronic bingo machines and are deemed citizens of states other than Alabama, to include Texas, Nevada, Georgia and South Carolina.4 (Am. Compl. ¶¶ 3-7.)

The 816 Plaintiffs spent “millions of dollars” playing electronic bingo machines at Victoryland during the six-month period preceding the filing of the Complaint. (Am. Compl. ¶¶ 8, 32.) All but two Plaintiffs are Alabama citizens,5 and Plaintiffs allege that “each of their claims individually and aggregately exceed [sic] $10,000.” (Am. Compl. ¶¶ 1,10.)

The alleged illegality of Victoryland’s electronic bingo machines under Alabama law is at the core of this action.6 Electronic bingo commenced at Victoryland after the ratification in June 2004 of Amendment No. 744 to the Alabama Constitution. (Am. Compl. ¶ 12); see also Ala. Const. 1901 amend. No. 744. This constitutional amendment permits “[t]he operation of bingo games for prizes or money by nonprofit organizations for charitable, educational, or other lawful purposes.” Ala. Const. 1901 amend. No. 744. Plaintiffs dispute Defendants’ contention that the electronic bingo operation at Victoryland [1131]*1131“was ... within the parameters of local Amendment 744,” contending that Amendment No. 744 does not “authorize the playing of ‘bingo’ through or with electronic devices as have been used” by Defendants at Victoryland. (Am. Compl. ¶ 13.) Because Victoryland’s electronic bingo machines allegedly run afoul of Amendment No. 744, Plaintiffs aver that the machines “are, in fact, ‘slot machines’ ... which violate the criminal provisions of Alabama law, including but not limited to, §§ 13(a)-12-20(10) and 13(a)-12-27.” (Am. Compl. ¶ 28.) Plaintiffs further allege that, during the same time frame that they patronized Victoryland, the electronic bingo machines were rigged, from time to time, to ensure wins exceeding $1.6 million collectively for a former city of Birmingham mayor. (Am. Compl. ¶¶ 35-43.)

Seeking to recover gambling losses they incurred playing Defendants’ alleged illegal electronic bingo machines, Plaintiffs originally filed this lawsuit in the Circuit Court of Macon County, Alabama, against MCGP. While the action was pending in state court, Plaintiffs filed an Amended Complaint, adding as Defendants Multimedia Games, Inc., IGT, Cadillac Jack, Inc., Nova Gaming, LLC, and Bally Gaming, Inc., and also adding several new Plaintiffs. The governing Amended Complaint contains one count. In that count, Plaintiffs allege that they “entered into wagers” with Defendants, that those wagers were founded upon illegal gambling contracts and that, therefore, the contracts are void, pursuant to Alabama Code § 8-1-150. (Am. Compl. ¶ 51.) Plaintiffs “seek the recovery of monies paid to” Defendants “for wagers on improper and illegal bingo games conducted by [them] at Victory-land.” (Am. Compl. ¶ 52; see also Am. Compl., ad damnum clause (“demanding] judgment against the Defendants for the recovery of the monies paid on all electronic bingo games played by the Plaintiffs plus interest and the costs of this matter”).)

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Cite This Page — Counsel Stack

Bluebook (online)
829 F. Supp. 2d 1127, 2011 U.S. Dist. LEXIS 136378, 2011 WL 5294732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-macon-county-greyhound-park-inc-almd-2011.