Presley v. Nationwide Life and Annuity Insurance Company
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
NATIONWIDE LIFE AND
ANNUITY INSURANCE COMPANY, )
CIVIL ACTION NO.
This cause, which was removed from state court to
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
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,
satisfaction of judgment upon receipt of $75,000.”
judgment, the defendant has not shown that the amount
in controversy is more than $75,000, as required for
Therefore, the court lacks subject-matter jurisdiction.
Accordingly, it is the ORDER, JUDGMENT, and DECREE
U.S.C. § 1447(c), this cause is remanded to the Circuit
Court of Butler County, Alabama.
motions are left for disposition by the state court
appropriate steps to effect the remand.
DONE, this the 31st day of August, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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