Matheson

ORDER

James, Jennifer, Marcelee, and Roger Matheson (“Mathesons”) seek review of two district court decisions granting summary judgment in favor of defendant, Progressive Specialty Insurance Co. (“Progressive”). Both sides assert that the district court had jurisdiction pursuant to 28 U.S.C. § 1332 following Progressive’s removal of the case from state court. Of course, the parties cannot stipulate to jurisdiction where none exists. We have an ongoing obligation to be sure that jurisdiction exists. 2 If the district court lacked jurisdiction, we would have jurisdiction to correct the jurisdictional error, but not to entertain the merits of an appeal.

Any civil action may be removed to federal district court so long as original jurisdiction would lie in the court to which the case is removed. 4 Jurisdiction founded on 28 U.S.C. § 1332 requires that the parties be in complete diversity and the amount in controversy exceed $75,000. Where it is not facially evident from the complaint that more than $75,000 is in controversy, the removing party must prove, by a preponderance of the evidence, that the amount in controversy meets the jurisdictional threshold. 5 Where doubt regarding…