Summary
The United States District Court for the District of Maine grants Plaintiff Daniel Brubaker’s motion to remand his Maine statutory personnel-file claim against Amazon.com Services LLC. The court concludes that Amazon failed to establish a reasonable probability that the amount in controversy exceeded $75,000 and finds that removal lacked an objectively reasonable basis, permitting Brubaker to seek remand-related attorney’s fees.
Topics
Practice areas
Questions Presented
- Whether the amount in controversy in the removed action could reasonably be expected to exceed $75,000 for purposes of diversity jurisdiction.
- Whether the removal lacked an objectively reasonable basis such that Brubaker could recover attorney's fees and costs under 28 U.S.C. § 1447(c).
Holdings
- Amazon failed to establish to a reasonable probability that the amount in controversy exceeded $75,000, so removal based on diversity jurisdiction was not justified.
- Because Amazon lacked an objectively reasonable basis for removal, Brubaker may petition for attorney's fees under 28 U.S.C. § 1447(c) for work related to the remand motion and reply.
Key quotations
“As the proponent of federal jurisdiction, Amazon has the burden to establish that the amount in controversy “exceeds the sum or value of $75,000, exclusive of interest and costs.””
“The standard requires a showing that the jurisdictional threshold will be crossed to a “reasonable probability.””
“I agree with Brubaker that Amazon has not met its burden of establishing that the amount in controversy here could exceed the $75,000 threshold.”
“Absent unusual circumstances, courts may award attorney’s fees under § 1447(c) only where the removing party lacked an objectively reasonable basis for seeking removal.”
Factual background
Brubaker asserted a single claim under 26 M.R.S. § 631, alleging that Amazon failed to produce his complete personnel file. He sought an injunction requiring production of the file, a $500 statutory forfeiture, and attorney's fees. The parties agreed that they were diverse but disputed whether the amount in controversy exceeded $75,000, with Amazon relying principally on the possibility of a substantial fee award.
Procedural history
Brubaker filed a Maine statutory claim in Maine Superior Court alleging that Amazon failed to produce his complete personnel file. Amazon removed the action to the United States District Court for the District of Maine on the basis of diversity jurisdiction. The district court granted Brubaker's motion to remand and authorized him to petition for fees and costs related to the remand motion.
Remand instructions
The case is remanded to Maine Superior Court. Within 30 days after entry of the order, Brubaker may petition for a fee award under 28 U.S.C. § 1447(c), calculated under the lodestar method and limited to work related to the remand motion and reply.