Sharp et al v. Thyssenkrupp Elevator Corporation et al

Filing 6

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 8/30/2012. (JLC)

Download PDF
FILED 2012 Aug-30 PM 04:45 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TERRY SHARP and PAULA SHARP, Plaintiffs, v. THYSSENKRUPP ELEVATOR CORPORATION AND DOLGENCORP, LLC, et al., Defendants. ) ) ) ) ) ) Case No.: 2:12-CV-2682-VEH ) ) ) ) ) ) MEMORANDUM OPINION This matter is before the court on Defendants Thyssenkrupp Elevator Corp. and Dolgencorp, LLC’s Response (Doc. 5) to the court’s Order to Show Cause (Doc. 4) why this case should not be remanded to state court. Defendants submitted their response on August 28, 2012, and concede that this case is factually indistinguishable from Griffith v. Wal-Mart Stores East, LP, Case No. 2:12-CV-01756-VEH (N.D.Ala. Aug. 10, 2012). (Doc. 5 at 5.) Griffith held that a plaintiff’s ambiguous response to a discovery request regarding the value of her case failed to establish the amount-incontroversy requirement of 28 U.S.C. § 1332. In light of Griffith, Defendants have consented to remand this case to the Circuit Court of Jefferson County, Alabama, Bessemer Division. (Id.) Therefore, the court will remand this case to state court. An Order consistent with this Memorandum Opinion will be separately entered. DONE and ORDERED this the 30th day of August, 2012. VIRGINIA EMERSON HOPKINS United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?