Neither is defendants’ conclusory statement into the notice of elimination that the expense of injunctive relief would surpass $75,000 enough.
See Honeycutt v. Dillard’s, Inc., 989 F. Supp. 1375, 1377 (D.Kan.1997). Defendants failed to provide any underlying facts, numbers or calculations supporting this declaration. The undersigned has perhaps not considered this belated «economic analysis» because it’s perhaps perhaps not when you look at the treatment notice or submitted by way of *1201 connected affidavit thereto. 6 See Laughlin, 50 F.3d at 873; Martin, 251 F.3d at 1291 letter. 4; Coca-Cola Bottling of Emporia, Inc. v. Southern Beach Beverage Co., Inc., 198 F. Supp. 2d 1280, 1283 (D.Kan.2002) ( «Because jurisdiction is decided at the time of the notice of elimination, the movant must fulfill its burden into the notice of reduction, perhaps perhaps perhaps maybe not in some later on pleading.»).
Whether or not defendants had submitted a proper and affidavit that is timely the «economic analysis» of these expenses of injunctive relief, such wouldn’t normally supply the appropriate assessment regarding the relief desired.Read More