Drammeh v. Marshalls of MA, Inc.
- Rearden
- 1:24-cv-00109
- U.S. District Court · Southern District of New York
- 5
In Drammeh v. Marshalls, Judge Rearden remanded the case because defendants did not show the damages likely exceeded $75,000.
Musu K. Drammeh and Marshalls of MA, Inc. et al.; the case returns to the Supreme Court of New York, Bronx County, and the federal case is closed.
What happened
In Drammeh v. Marshalls of MA, Inc., Musu K. Drammeh sued over injuries she allegedly suffered after falling on liquid at a Marshalls store. Defendants moved the case from New York state court to federal court, claiming the dispute qualified because the parties were citizens of different states and more than $75,000 was at stake.
Judge Rearden explained that the defendants had to provide facts showing a reasonable probability that the case was worth more than $75,000. The complaint used general descriptions of injuries, and Drammeh’s later response mentioned $2 million but did not provide facts supporting that amount. The court therefore could not determine that the federal amount requirement was met.
Judge Rearden ordered the case returned to the Supreme Court of New York, Bronx County. The federal clerk was directed to send the order to that court, terminate open motions, and close the federal case.
The detailed version
- Drammeh v. Marshalls of MA, Inc. · No. 1:24-cv-00109
- Rearden
- Feb. 29, 2024
Background
Musu K. Drammeh filed this personal-injury action in the Supreme Court of New York, Bronx County, on June 16, 2021. She alleges that on May 15, 2021, she fell because liquid had accumulated on the floor of Defendants’ store. She seeks damages for physical injuries, pain, and mental anguish.
On January 5, 2024, Defendants removed the case to the U.S. District Court for the Southern District of New York. They relied on diversity jurisdiction, which allows a federal court to hear certain disputes involving citizens of different states when more than $75,000 is at issue. Plaintiff did not move to return the case to state court or otherwise appear in the federal case.
Court’s Analysis
The court stated that the party removing a case must show a reasonable probability that the amount in controversy exceeds $75,000. The complaint sought damages exceeding the limits of New York’s lower civil courts but did not identify a specific amount or provide detailed facts about the injuries, medical treatment, or other losses.
Defendants argued that Plaintiff’s second supplemental response to discovery established that the amount in controversy exceeded $75,000 because it referred to $2 million in damages. The court found that the response offered no factual allegations supporting that figure. Because the complaint and the removal papers did not provide enough facts to establish the required amount, the court concluded that federal diversity jurisdiction had not been shown.
Disposition
The court REMANDED the action to the Supreme Court of New York, Bronx County. The Clerk of Court was directed to terminate all open motions, send a copy of the order to the state court, and close the federal case. Judge Jennifer H. Rearden did not decide whether Defendants were liable for Plaintiff’s alleged injuries.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.