Robinson v. CMH Homes Inc

Filing 9

ORDER granting 3 Motion to Remand to State Court. Signed by Judge Billy Roy Wilson on 12/23/2011. (dmn)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION ALMA ROBINSON v. PLAINTIFF 2:11-CV-00221-BRW CMH HOMES, INC., d/b/a CLAYTON HOMES OF JONESBORO, ARKANSAS DEFENDANT ORDER Pending is Plaintiff’s Motion to Remand to State Court (Doc. No. 3) Defendant has not responded and the time for doing so has passed.1 For the reasons set out below, Plaintiff’s Motion is GRANTED. On October 25, 2011, Plaintiff sued Defendant, a Tennessee corporation, in the Circuit Court of Lee County, Arkansas.2 Plaintiff seeks $3,572 in compensatory damages for past medical expenses, plus $50,000 as compensatory damages for future medical expenses, pain, suffering, and mental anguish.3 Defendant removed this case on November 30, 2011 based on diversity jurisdiction.4 District courts have diversity jurisdiction when the case is between citizens of different States and the amount in controversy exceeds the sum of $75,000.5 Plaintiff asks that this case be 1 A response was due by December 22, 2011. 2 Doc. No. 2. 3 Id. 4 Doc. No. 1. 5 28 U.S.C. § 1332(a). 1 remanded to state court because the amount in controversy is less than $75,000.6 Plaintiff seeks damages of only $53,572, and Defendant has not shown otherwise. Accordingly, Plaintiff’s Motion is GRANTED and this case is REMANDED under 28 U.S.C. § 1447(c) to the Circuit Court of Lee County, Arkansas. IT IS SO ORDERED this 23rd day of December, 2011 /s/Billy Roy Wilson UNITED STATES DISTRICT JUDGE 6 Doc. No. 3. 2

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