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Rogers v. Brooks

Threshold Amount for Diversity Jurisdiction Cannot Be Recovered to a Legal Certainty

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MEMORANDUM-DECISION AND ORDERI. Introduction Plaintiff Garth Rogers commenced this action against defendants Milton Brooks, also known as Milt Brooks, and CCO, Inc., after they failed to fulfill his orders for custom-built furniture. (Compl., Dkt. No. 1.) Pending is Rogers’ motion for default judgment. (Dkt. No. 10.)II. BackgroundA. Facts1 Defendants operate log furniture stores under various names in Minnesota. (Compl.

1-5.) On September 17, 2017, Rogers contracted with defendants for the purchase of furniture that was supposed to be delivered to New York two months thereafter. (Id. 6.) After Rogers paid the first half of the balance due, Brooks told him the remainder of the order, which was allegedly coming from other manufacturers and nearly completed, “would be shipped right after the new year” if he paid the other half of the balance due. (Id.

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