Moore v. Hauck et al

Filing 8

ORDER that Moore's 4 MOTION to Remand to State Court is GRANTED and the case is REMANDED to the Circuit Court of Russell County, Alabama. The Clerk is DIRECTED to take appropriate steps to accomplish the remand. Signed by Honorable Judge Mark E. Fuller on 11/15/2011. (Attachments: # 1 Civil Appeals Checklist) Certified copy mailed to Clerk, Circuit Court of Russell County, Alabama. (dmn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
GREGORY R. MOORE,

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Plaintiff,
vs.
CHAD ALLEN HAUCK, et al.,
Defendants.

Case No. 3:11-cv-742-MEF
(WO—Do not publish)

ORDER
One of the defendants, Norwill, Inc., removed this action from the Circuit Court
of Russell County, Alabama, by filing with this Court a notice of removal on September
9, 2011. (Doc. # 1.) Five days later, the plaintiff, Gregory Moore, filed a motion to
remand (Doc. # 4), claiming that the amount in controversy did not exceed the $75,000
jurisdictional threshold found in the diversity statute, 28 U.S.C. § 1332(a). The Court
then entered a briefing schedule (Doc. # 6) requiring Norwill to respond to Moore’s
remand motion by October 13, 2011. Thirteen days after the deadline passed, Norwill
filed its response (Doc. # 7), contending that it properly removed the case. Despite the
alleged propriety of the removal, Norwill still declined to oppose the remand motion,
primarily because Moore filed an affidavit (Doc. # 4-1) limiting his recoverable damages
in state court to $75,000 or less. The affidavit—and for that matter, this Order—preclude
Moore from seeking or recovering more than $75,000 in state court.
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Since Norwill’s belated response concedes that a remand to state court is proper,
and because Norwill provided no evidence in its notice of removal that the amount in
controversy exceeds $75,000, it is hereby ORDERED that Moore’s Motion to Remand
(Doc. # 4) is GRANTED and the case is REMANDED to the Circuit Court of Russell
County, Alabama. The Clerk is DIRECTED to take appropriate steps to accomplish the
remand.
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Done this the 15 day of November, 2011.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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