ST. LOUIS – District Judge Ronnie L. White has ordered a discrimination lawsuit back to state court.
On April 17, White granted plaintiff Demario Everson’s motion to remand his suit against Greyhound Lines Inc. and manager Barbara Boyd back to the city of St. Louis Circuit Court.
Everson, a driver for the bus company, pursued legal action in August 2018 against the bus company for allegedly discriminating against him because of his perceived disability of sleep apnea. Greyhound had removed the litigation to federal court in October 2018 because the plaintiff is a Missouri citizen and its principal place of business is in Texas.
The plaintiff, in turn, filed the subject motion in November 2018 on the grounds that the defendants “have failed to meet their burden of proving that the amount in controversy exceeds $75,000 or that diversity of citizenship exists,” the ruling states.
“Thus, the plaintiff argues that federal diversity jurisdiction is absent in this cause of action such that the case should be remanded to the Circuit Court of St. Louis City, Missouri,” the order said.
White ruled that Greyhound “has not met its burden of showing that the amount in controversy exceeds $75,000 such that diversity jurisdiction does not exist.” The judge also determined that “the amount of damages for lost wages would be less than the requisite jurisdictional amount,” the ruling states.
White wrote the court also does not side with Greyhound’s argument that Everson’s claims for emotional distress damages and punitive damages “push the amount in controversy over the jurisdictional threshold.”
Describing the assertion as “equally unavailing,” White stated that the Greyhound offered “nothing but speculation and unsupported allegations.”