Usery v. Anadarko Petroleum Corp.

606 F.3d 1017, 175 Oil & Gas Rep. 153, 2010 U.S. App. LEXIS 11476, 2010 WL 2244385
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 7, 2010
Docket09-1113
StatusPublished
Cited by28 cases

This text of 606 F.3d 1017 (Usery v. Anadarko Petroleum Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Usery v. Anadarko Petroleum Corp., 606 F.3d 1017, 175 Oil & Gas Rep. 153, 2010 U.S. App. LEXIS 11476, 2010 WL 2244385 (8th Cir. 2010).

Opinions

ARNOLD, Circuit Judge.

After James and Rhonda Usery brought this suit in an Arkansas state court to quiet title to a mineral interest, the defendants, Anadarko Petroleum Corporation and Hailwood Energy, L.P., removed it to federal court, asserting that there was diversity jurisdiction over the case. See 28 U.S.C. §§ 1441(a), 1332(a). When the Userys moved to remand the action because the amount in controversy did not exceed $75,000, the district court denied the motion. The Userys appealed and we reverse the order and remand the case to the district court with directions to remand it to the state court in which the Userys initiated it.

The parties are on common ground that the party seeking removal based on diversity of citizenship bears the burden of proving, by a preponderance of the evidence, that the matter in controversy “exceeds the sum or value of $75,000,” 28 U.S.C. § 1332(a); Bell v. Hershey Co., 557 F.3d 953, 956 (8th Cir.2009), but at this juncture they completely part company. The Userys maintain that since they are the masters of their cause of action they have effectively insulated their case from removal by averring in their complaint that the mineral interest at issue, the right to natural gas, was worth less than $75,000. It is true that if a plaintiffs complaint asks “for less than the jurisdictional amount, only the sum demanded is in controversy,” and so a federal court has no jurisdiction over the action. 14AA Charles A Wright, Arthur R. Miller, and Edward H. Cooper, Federal Practice and Procedure § 3702, 48 (3d. ed. Supp.2009); see St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 288-92, 58 S.Ct. 586, 82 L.Ed. 845 (1938); see also Zunamon v. Brown, 418 F.2d 883 (8th Cir.1969). But there is no sum demanded in this case and thus this principle is inapposite: The plaintiffs simply asked the state court to determine the ownership of a mineral interest; they did not ask for a money judgment for a sum certain or for consequential damages. This kind of case therefore engages the part of the relevant statute that provides for federal jurisdiction when the matter in controversy “exceeds the ... value of $75,000.” 28 U.S.C. § 1332(a) (emphasis added).

We have held repeatedly that in a suit for declaratory or injunctive relief the amount in controversy is the value to the plaintiff of the right that is in issue. See, [1019]*1019e.g., Federated Mut. Implement & Hardware Ins. Co. v. Steinheider, 268 F.2d 734, 737-38 (8th Cir.1959); Advance America Servicing of Ark., Inc. v. McGinnis, 526 F.3d 1170, 1173-74 (8th Cir.2008). We have sometimes referred to this principle as the “plaintiffs viewpoint rule,” see id. at 1173, but this does not mean, as plaintiffs seem to think, that their view of what the asserted right is worth is controlling. The question is not how a plaintiff subjectively values a right or even what his or her good-faith estimate of its objective value is: The question is the actual value of the object of the suit. In a quiet title action, therefore, in deciding the jurisdictional question, a district court must determine what the property interest at issue is worth in the marketplace, which is a matter of objective fact. And that is why on appellate review we ask whether a district court’s determination of the value of the interest in issue was clearly erroneous. See Trimble v. Asarco, Inc., 232 F.3d 946, 964-65 (8th Cir.2000), abrogated on other grounds, Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 549-52, 125 S.Ct. 2611, 162 L.Ed.2d 502 (2005).

In denying the motion to remand, the district court adverted to decisions that look to the pecuniary risk that a case presents to a defendant as the measure of the amount in controversy in the case. We are aware that there are cases in other circuits that hold that when the costs to a defendant of losing a case exceed the benefit that a plaintiff would gain by winning it, the amount in controversy can sometimes be measured by the defendant’s costs. See McCarty v. Amoco Pipeline Co., 595 F.2d 389, 393-95 (7th Cir.1979). We have never endorsed this rule, but it is not necessary to address the matter because there is no such asymmetry here: The matter in controversy in this case is the market value of the disputed mineral interest, and that by definition is necessarily the same to both parties.

With this simple and well-established principle in mind, we turn to the question of whether the district court correctly denied the Userys’ motion to remand. In concluding that the requisite jurisdictional amount was in controversy and denying the motion, the district court relied on two affidavits that the defendants submitted. One was from a registered petroleum engineer who had worked in the oil and gas industry for more than thirty years and whose duties included estimating the projected value of gas reserves that Hailwood owns. The affiant avers that the right to natural gas in issue here would produce more than $400,000 of income over its productive lifetime. This affidavit is not very satisfactory for a number of reasons, not least because it is entirely silent on the present value of the interest, the very question that is crucial.

So, taking this affidavit as true, as the district court did, is this interest worth more than $75,000? We simply don’t have sufficient information to tell. For one thing, the affidavit contains no estimate of how long the mineral interest at issue might reasonably be expected to produce, whether its production would be relatively constant over its productive life, or what a reasonable discount rate might be in the circumstances, so that we could make some estimate of its present value. (Nor have we located any source that would allow us to take judicial notice of those matters.) The affidavit also did not indicate what value, if any, Hailwood gave the relevant asset on its books. Another very real difficulty is that the affiant offers no indication of whether the estimated income is gross or net. This is a significant omission: The value of the mineral interest on the market would decrease as exploration, development, and extraction costs increased. For all these reasons, it would be hazardous to conclude from this affidavit that there is diversity jurisdiction here.

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606 F.3d 1017, 175 Oil & Gas Rep. 153, 2010 U.S. App. LEXIS 11476, 2010 WL 2244385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/usery-v-anadarko-petroleum-corp-ca8-2010.