For the reasons to follow, the Court grants the Plaintiff's motion. Plaintiff's complaint alleges, injuries resulting from a slip on fall on the Defendants' premises. Defendants removed the claim to this Court asserting diversity of citizenship. Generally, a Defendant may remove a civil action filed in state court if the federal court would have original jurisdiction to hear the matter. Once a case is removed, the federal court may remand if there has been a procedural defect in removal, or if the court determines that it lacks federal subject matter jurisdiction.
Courts strictly construe the removal statute and resolve all doubts in favor of remand.
In removal cases, the burden of establishing the amount in controversy rests on the Defendant. Meritcare Inc. v. St. Paul Mercury Ins. While not specifically articulated by the Third Circuit, this Court has previously stated that the applicable standard of proof attributable to the Defendant is one of a preponderance of the evidence in the context of a motion to remand. Given these circumstances, the Defendants have not met their burden of demonstrating that the requisite amount in controversy is satisfied. Since this Court is without subject matter jurisdiction this matter is remanded to State Court.