Miller v. Carrabba's Italian Grill, L.L.C.
2:25-cv-00755
| E.D. La. | Jun 30, 2025Background
- Cynthia Miller filed a tort suit in Louisiana state court, alleging personal injuries after ingesting glass in sauce at Carrabba’s Italian Grill.
- The case was removed to federal court by Carrabba's, citing diversity jurisdiction under 28 U.S.C. § 1332(a).
- Plaintiff’s complaint was silent regarding the amount in controversy, but defendant argued removal based on plaintiff’s prior settlement demand exceeding $75,000.
- Miller moved to remand, arguing that naming an unknown "John Doe" defendant in the state court case destroyed diversity (presuming the John Doe was a Louisiana citizen).
- Defendant countered that citizenship of fictitious parties is disregarded for diversity purposes, and the case remains properly before federal court.
- The court considered whether there was sufficient diversity at removal and whether to allow limited jurisdictional discovery or amendment of the complaint to name the John Doe.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does "John Doe" destroy diversity jurisdiction? | Naming a Louisiana John Doe employee defeats diversity. | Citizenship of fictitious/named defendants is disregarded. | Citizenship of fictitious defendants disregarded; diversity OK. |
| Adequacy of removal based on amount in controversy | Not contested. | Removal proper due to plaintiff’s settlement demand. | Record must show timely removal; evidence of timeline ordered. |
| Right to jurisdictional discovery/amend complaint | Seeks limited discovery to identify/cite employee. | Amendment to name John Doe post-removal would defeat diversity. | Discovery is allowed during normal process; no special order. |
| Whether remand is required at this stage | Remand due to lack of diversity and pending facts. | Case is properly in federal court; no basis for remand. | Remand denied without prejudice; revisit if facts change. |
Key Cases Cited
- Manguno v. Prudential Prop. & Cas. Ins. Co., 276 F.3d 720 (5th Cir. 2002) (removal statutes should be strictly construed in favor of remand)
- Swindol v. Aurora Flight Sci. Corp., 805 F.3d 516 (5th Cir. 2015) (LLC citizenship determined by members' domicile; court can take judicial notice of public records)
- Allen v. R & H Oil & Gas Co., 63 F.3d 1326 (5th Cir. 1995) (demonstrating amount in controversy for removal by factual showing)
- Doddy v. Oxy USA, Inc., 101 F.3d 448 (5th Cir. 1996) (federal jurisdiction measured at time of removal and not lost by subsequent events)
- Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077 (5th Cir. 2008) (LLC takes citizenship of all its members)