Presley v. Nationwide Life and Annuity Insurance Company
Filing
13
ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that the plaintiff's 6 Motion to Remand is granted, and that, pursuant to 28 U.S.C. § 1447(c), this cause is remanded to the Circuit Court of Butler County, Alabama. It is further ORDERED that all other pending motions are left for disposition by the state court after remand. The clerk of the court is DIRECTED to take appropriate steps to effect the remand. Signed by Honorable Judge Myron H. Thompson on 8/31/2015. (Attachments: # 1 Civil Appeals Checklist) Copy mailed to Clerk, Circuit Court of Butler County, Alabama.(dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
LARRY PRESLEY,
)
)
Plaintiff,
)
)
v.
)
)
NATIONWIDE LIFE AND
)
ANNUITY INSURANCE COMPANY, )
)
Defendant.
)
CIVIL ACTION NO.
2:15cv573-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 & 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.
Additionally, the plaintiff has filed a
supplement (doc. no. 11) to the motion to remand that
states: “The parties have agreed that if judgment is
entered by any court in excess of $75,000 in this case,
Plaintiff’s
counsel
will
immediately
file
a
satisfaction of judgment upon receipt of $75,000.”
In
light
to
of
accept
the
a
plaintiff’s
maximum
of
on-the-record
$75,000
in
agreement
satisfaction
of
judgment, the defendant has not shown that the amount
in controversy is more than $75,000, as required for
jurisdiction
under
28
U.S.C.
§§
1332
and
1441.
Therefore, the court lacks subject-matter jurisdiction.
***
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of
the
(doc.
court
no.
6)
that
is
the
plaintiff’s
granted,
and
motion
that,
to
remand
pursuant
to
28
U.S.C. § 1447(c), this cause is remanded to the Circuit
Court of Butler County, Alabama.
It
is
further
ORDERED
that
all
other
pending
motions are left for disposition by the state court
after remand.
The
clerk
of
the
court
is
DIRECTED
to
appropriate steps to effect the remand.
DONE, this the 31st day of August, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
take
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