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