Hamilton v. Coldwell Banker Mortgage et al

Filing 17

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS re 7 MOTION to Remand to State Court filed by Jerry W. Hamilton. It is recommended that the motion be granted and that this action be REMANDED to the Circuit Court of Mobile County, Alabama. Signed by Judge Kristi K. DuBose on 5/18/2011. Copies to parties. (mpp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JERRY W. HAMILTON,
Plaintiff,
vs.
COLDWELL BANKER MORTGAGE,
et al.,
Defendants.

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CIVIL ACTION NO. 11-00007-KD-N

ORDER
After due and proper consideration of all pleadings in this file, and there having been no
objections filed, the Report and Recommendation of the Magistrate Judge dated May 3, 2011 and
made under 28 U.S.C. ' 636 is ADOPTED as the opinion of this Court.
The Court finds that the Defendants have failed to prove that the amount in controversy
exceeds the sum of $75,000, as required by 28 U.S.C. § 1332 and that the Court therefore lacks
jurisdiction over this action.
Accordingly, it is ORDERED that the Plaintiff’s Motion to Remand (Doc. 7) is
GRANTED and this action is REMANDED to the Circuit Court of Mobile County, Alabama.
DONE and ORDERED this the 18th day of May 2011.
/s/ Kristi K. DuBose
KRISTI K. DUBOSE
UNITED STATES DISTRICT JUDGE