Brooks v. DaimlerChrysler Financial Services Americas, L.L.C.

Filing 5

ORDERED as follows: (1) the 1 Motion to Remand is granted; (2) this case is remanded to the Circuit Court of Montgomery County, AL; (3) the clerk of court is directed to take all steps necessary to effect this remand and close this file. Signed by Judge Mark E. Fuller on 8/30/06. (Attachments: # 1 Civil Appeals Checklist) (sl, )

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Brooks v. DaimlerChrysler Financial Services Americas, L.L.C. Doc. 5 Case 2:06-cv-00764-MEF-DRB Document 5 Filed 08/30/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION M IC H A E L B. BROOKS, P l a in tif f , v. D A IM L E R C H R Y S L E R FINANCIAL S E R V IC E S AMERICAS LLC, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CASE NO. 2:06-cv-764-MEF (W O - Not for Publication) ORDER In July of 2006, Plaintiff filed the Complaint in the Circuit Court of Montgomery C o u n t y, Alabama. (Doc. # 2, Compl.). On August 24, 2006, Defendant DaimlerChrysler F inan cial Services Americas LLC ("DaimlerChrysler") removed the action to this Court in v o k in g its subject matter jurisdiction pursuant to 28 U.S.C. 1332. (Doc. # 1). In its N o tic e of Removal DaimlerChrysler argued that the Plaintiff had failed to specify in the C o m p l a in t the amount of damages in controversy and that the amount in controversy e x c e e d e d the $75,000 threshold for the invocation of subject matter jurisdiction pursuant to 2 8 U.S.C. 1332. Shortly after filing its Notice of Removal, DaimlerChrysler realized that th e Complaint in fact limited the amount of damages sought to $74,500 and concluded that th is Court lacked subject matter jurisdiction over this action. With the agreement of the P la in tif f , DaimlerChrysler filed a Motion to Remand (Doc. # 1). The Court agrees that it lacks subject matter jurisdiction over this action. Dockets.Justia.com Case 2:06-cv-00764-MEF-DRB Document 5 Filed 08/30/2006 Page 2 of 2 A c c o rd in g ly, it is hereby ORDERED as follows: 1. The Motion to Remand (Doc. # 1) is GRANTED. 2 . The above-styled lawsuit is REMANDED to the Circuit Court of Montgomery C o u n ty, Alabama. 3. The Clerk of the Court is DIRECTED to take all steps necessary to effect this re m a n d and close this file. D o n e this the 30th day of August 2006. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2

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