Jones et al v. Hartford Fire Insurance Company et al
MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 2/7/13. (KGE, )
2013 Feb-07 PM 03:55
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EDWIN JONES, et al.,
CIVIL ACTION NO.
On January 16, 2013, the magistrate judge to whom the aboveentitled
disposition authority by the parties, reported and recommended that
the motion to remand filed by plaintiffs be granted.
and recommendation provided that any objections must be filed
within fourteen (14) days. No objections were filed, whereupon the
case was reassigned to the undersigned for the purpose of agreeing
or disagreeing with the report and recommendation.
Although the absence of objections by the removing defendants
convinced defendants that they removed the case out of time,
considered de novo the entire file, including the defendant’s
opposition to the motion to remand filed on October 15, 2012, and
has independently concluded that the magistrate judge reached the
Therefore, this court CONFIRMS and ADOPTS as
magistrate judge, with the following addendum:
In Smith v. State Farm Fire & Casualty Company, 868 F.Supp.2d
1333 (N.D. Ala. 2012), this very court made it crystal clear that
at the moment a state court plaintiff seeks unspecified damages of
various kinds, such as punitive damages, or emotional distress, or
attorneys’ fees, the claim automatically is deemed to exceed
$75,000 and becomes removable under 28 U.S.C. § 1332.
can easily discern from plaintiffs’ amendment the existence of the
jurisdictional amount. These defendants should have done the same.
Not having done so, plaintiffs’ timely motion to remand for an
untimely removal will, by separate order, be granted.
DONE this 7th day of February, 2013.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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