Johnson v. Progressive Specialty Insurance Company

Filing 11

ORDER OF REMAND, Plf's 5 Motion to Remand is GRANTED as set out, & this case is REMANDED to the Circuit Court of Choctaw County, Alabama. Signed by Judge Callie V. S. Granade on 9/10/2013. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
OCIE JOHNSON, III,
Plaintiff,
vs.
PROGRESSIVE SPECIALTY
INSURANCE COMPANY,
Defendant.

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) CIVIL ACTION NO. 13-416-CG-M
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REMAND ORDER

This matter is before the court on plaintiff’s motion to remand (Doc. 5) and
defendant’s consent thereto (Doc. 10). Plaintiff moved to remand, asserting that the
requisite jurisdictional amount does not exist in this case in light of the affidavits of
the plaintiff and his attorney. Defendant responded by consenting to remand on the
grounds that plaintiff has stipulated and made a binding agreement that plaintiff
will never seek or accept more than $70,000.00 in resolution of all possible claims
asserted in this lawsuit. After review of the pleadings in this case and in light of
defendant’s consent, the court finds that the motion to remand should be granted.
It is ORDERED that plaintiff’s motion to remand (Doc. 5) is GRANTED and
this case is hereby REMANDED to the Circuit Court of Choctaw County,
Alabama.
DONE and ORDERED this 10th day of September, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE