Moore's Jacksonville Funeral Home v. Crematory Manufacturing & Service Inc

Filing 15

ORDER granting 8 motion to remand filed by American Funeral Service Inc, Moore's Jacksonville Funeral Home. This case is remanded to the Circuit Court of Pulaski County. Signed by Judge D. P. Marshall Jr. on 4/18/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

MOORE'S JACKSONVILLE
FUNERAL HOME

v.

PLAINTIFF

No. 4:13-cv-98-DPM

CREMATORY MANUFACTURING &
SERVICE, INC.

AMERICAN FUNERAL SERVICE, INC.
dfb/a Moore's Jacksonville Funeral Home

DEFENDANT/
COUNTER CLAIMANT

COUNTER DEFENDANT

ORDER
The Court appreciates the parties' .supplemental briefs on jurisdiction.
Moore's motion for remand, NQ 8, is granted. The funeral home's complaint
seeks damages for breach of contract (or restitution) of $22,009.50, which is
significantly less than the amount in controversy required for diversity
jurisdiction. 28 U.S.C. § 1332(a). Crematory Manufacturing's counterclaim,
which seeks to recover on the contract as a whole, is not properly considered
in fixing the amount-in-controversy. Usery v. Anadarko Petroleum Corp., 606
F.3d 1017 (8th Cir. 2010).

Eighth Circuit law is clear: the amount in

controversy is "measured by the value to the plaintiff of the right sought to
be enforced." Schubert v. Auto Owners Ins. Co., 649 F.3d 817,821 (8th Cir. 2011)
(quotation omitted). The value to Moore's of its right in contract or restitution
is about $22,000. The case is therefore remanded to the Circuit Court of
Pulaski County.
So Ordered.

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