Chaffin v. Willmann(JOINT ASSIGN)(MAG2)

Filing 12

OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that the plf's 7 motion to remand is granted, and that, pursuant to 28 USC 1447(c), this cause is remanded to the Circuit Court of Coffee County, Alabama; DIRECTING the clerk to take appropriate steps to effect the remand; This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 8/9/2016. (mailed to Coffee County Circuit Clerk with copy of docket sheet)(wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
HEATH CHAFFIN,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
ELAINE COOK WILLMANN,
Defendant.

CIVIL ACTION NO.
1:16cv400-MHT
(WO)

OPINION AND ORDER
This cause, which was removed from state court to
federal

court

based

on

diversity-of-citizenship

jurisdiction, see 28 U.S.C. §§ 1332 & 1441, is now
before the court on a motion to remand filed by the
plaintiff.

The plaintiff contends that the amount in

controversy

in

this

lawsuit

is

not

high

enough

to

confer diversity jurisdiction, and has stipulated that
he will not accept any amount over $75,000 in this
litigation.

On that basis, the defendant agrees that

remand is appropriate.

The court agrees as well.
***

Accordingly,

because

matter

jurisdiction,

DECREE

of

the

it

court

this
is

that

the
the

court
ORDER,

lacks

subject

JUDGMENT,

plaintiff’s

and

motion

to

remand (doc. no. 7) is granted, and that, pursuant to
28 U.S.C. § 1447(c), this cause is remanded to the
Circuit Court of Coffee County, Alabama.
The

clerk

of

the

court

is

DIRECTED

to

take

appropriate steps to effect the remand.
This case is closed in this court.
DONE, this the 9th day of August, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE