6. How is the amount in controversy determined for removal on grounds of diversity of citizenship? See 28 U.S.C. § 1446(c)(2). Under what circumstances may defendant assert a different amount in controversy to support removal? See id. at § 1446(c)(2)(a)(i)–(ii). What evidentiary standard is applied to determine which amount controls? See id. at §

1446(c)(2)(B). Although the statute is silent, courts have identified several methods available to defendant to prove the jurisdictional facts needed to establish the amount in controversy:

defendant may point to allegations in the complaint; he may rely on other documents, such as discovery responses, affidavits, and other admissible evidence that might be used with a summary judgment motion; and settlement offers suggesting that the value of the dispute exceeds the statutory requirement. See McPhail v. Deere & Co., 529 F.3d 947 (10th Cir.

2008).