Hutchins v. Fred's Stores of Tennessee Inc

Filing 15

ORDER granting 13 Hutchins's Motion to Remand to State Court and this case is remanded to the Circuit Court of Lee County for want of subject matter jurisdiction. Signed by Judge D. P. Marshall Jr. on 6/6/11. (hph)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

EASTERN DIVISION

BERNICE HUTCHINS

v.

PLAINTIFF

Case No. 2:10-cv-116-DPM

FRED'S STORES OF TENNESSEE,

INC.

DEFENDANT

ORDER

Hutchins has stipulated, Document No. 13, that the amount in
controversy is less than the jurisdictional threshold. She says, in particular,
that she "will not seek and will not ask for damages in excess of $75,000; nor
is the value of the case in excess of $75,000." Document No. 13, at 2. Fred's
agrees with this assessment of the discovered facts on damages. Document No.
14. The law allows Hutchins to pick her forum by capping her damages. Bell
I,

i

v. Hershey Company, 557 F.3d 953, 958 (8th Cir. 2009); Murphy v. Reebok
International, Ltd., No. 4:11-cv-214-DPM, 2011 WL 1559234 (E.D. Ark. 22 April

2011). Hutchins has done so. Her motion, Document No. 13, is granted and
the case is remanded to the Circuit Court of Lee County for want of subject
matter jurisdiction.

So Ordered.

D.P. Marshall Jr.

United States District Judge

6 June 2011

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