Moultrie v. American Heritage Life Insurance Company et al

Filing 19

ORDER, JUDGMENT, and DECREE of the court that the plaintiff's 15 motion to remand is granted and that, pursuant to 28 U.S.C. § 1447(c), this cause is remanded to the Circuit Court of Bullock County, Alabama. The clerk of the court is DIRECTED to take appropriate steps to effect the remand. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 11/30/2015. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JACQUELINE MOULTRIE,

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Plaintiff,
v.
AMERICAN HERITAGE LIFE
INSURANCE COMPANY,
a domestic corporation,
and BUD PORTER,
Defendants.

CIVIL ACTION NO.
2:15cv472-MHT
(WO)

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

court

based

on

diversity-of-citizenship

jurisdiction, 28 U.S.C. §§ 1332 and 1441, is now before
the court on a motion to remand filed by the plaintiff.
The plaintiff has irrevocably stipulated that the
amount

in

$ 75,000,

controversy
that

she

in

will

this
not

case
seek

does
to

not

exceed

recover

from

Defendant American Heritage Life Insurance Company any
amount in excess of $ 75,000, and that she waives any
claim against it for more than that amount.

On this

basis, the removing party, defendant American Heritage

Life

Insurance

Company,

agrees

that

remand

is

appropriate.
***
Accordingly,

because

this

court

lacks

subject-matter jurisdiction, it is the ORDER, JUDGMENT,
and DECREE of the court that the plaintiff’s motion to
remand (doc. no. 15) is granted and that, pursuant to
28

U.S.C.

§ 1447(c),

this

cause

is

remanded

to

the

Circuit Court of Bullock 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 30th day of November, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE