Mitchell v. State Farm Fire and Casualty Company

Filing 13

ORDER: Mitchell's motion to strike, 7 , is granted and State Farm's motion to dismiss, 3 , is denied as moot. Mitchell's motion to remand, 8 , is denied without prejudice. This case will remain here unless Mitchell stipulates to capping her potential recovery (including fees and costs) from all claims at an amount less than the jurisdictional minimum. Any stipulation is due by 10 September 2015. Signed by Judge D. P. Marshall Jr. on 8/19/2015. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CHANTAS. MANSFIELD MITCHELL v. PLAINTIFF No. 2:15-cv-117-DPM STATE FARM FIRE AND CASUALTY COMPANY DEFENDANT ORDER Mitchell's motion to strike, NQ 7, is granted and State Farm's motion to dismiss, NQ 3, is denied as moot. The correct name of the defendant has been cured by the amended complaint. NQ 5. State Farm has shown by a preponderance of the evidence that the amount in controversy could exceed the jurisdictional minimum. Bell v. Hershey Company, 557 F.3d 953, 956 (8th Cir. 2009), overruled in immaterial part by Standard Fire Insurance Company v. Knowles, 133 S. Ct. 1345, 1348-50 (2013). Mitchell's motion to remand, NQ 8, is therefore denied without prejudice. This case will remain here unless Mitchell stipulates to capping her potential recovery (including fees and costs) from all claims at an amount less than the jurisdictional minimum. Any stipulation is due by 10 September 2015. So Ordered. /l D.P. Marshall Jr. United States District Judge -2-

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