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)

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