Hebert v. Bank America

2015 DNH 172

• Court: District Court, D. New Hampshire
• Decided: September 9, 2015
• Docket: 14-cv-541-PB
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Francis Hebert, et al.

v. Case No. 14-cv-541-PB Opinion No. 2015 DNH 172 Bank of America, N.A.

O R D E R

Francis Hebert has filed a motion to remand, alleging that

the court lacks diversity jurisdiction because the $75,000

amount in controversy requirement cannot be satisfied. The

defendant opposes the motion.

Hebert concedes that the amount in dispute in this case is

approximately $25,000. Defendant argues that this concession

satisfies the amount in controversy requirement because the

original complaint included a statutory claim for treble damages

and attorneys’ fees. I agree.

Although Hebert has filed an amended complaint that omits

his treble damages claim, the amount in controversy requirement

must be determined as of the date that the original complaint is

filed. Subsequent events such as the filing of an amended

complaint that reduce the amount in controversy will not deprive

the court of jurisdiction. Poore v. American-Amicable Life Ins.

Co., 218 F.3d 1287, 1289, 1291 (11th Cir. 2000); see also

Coventry Sewage Assocs. v. Dworkin Realty Co., 71 F.3d 1, 7 (1st Cir. 1995) (court not deprived of jurisdiction by change of

events after complaint is filed). Nor does the availability of

a defense to an asserted claim affect the amount in controversy

determination. Scherer v. Equitable Life Assurance Soc’y of the

U.S., 347 F.3d 394, 397 (2nd Cir. 2003).

The defendant has met its burden to show that the amount in

controversy exceeds $75,000. The motion to remand (doc. no. 11)

is denied.

SO ORDERED.

/s/Paul Barbadoro Paul Barbadoro United States District Judge

September 9, 2015

cc: John F. Skinner, III, Esq. Keith A. Matthews, Esq. Thomas J. Pappas, Esq.