Mitcham v. State Farm Fire and Casualty Company
ORDER granting 12 Motion to Remand; Case remanded to Union County Circuit Court. Signed by Honorable Susan O. Hickey on January 13, 2014. (cnn)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
CASE NO. 13-CV-1084
STATE FARM FIRE AND
Before the Court is Plaintiff’s Motion to Remand. (ECF No. 12). Defendant has responded
to the motion. (ECF No. 15) The Court finds the matter ripe for consideration.
On October 8, 2013, Plaintiff filed this action in the Circuit Court of Union County, Arkansas.
On November 5, 2013, Defendant filed a Notice of Removal in this Court based upon diversity
jurisdiction under 28 U.S.C. § 1332. (ECF No. 1). Plaintiff has filed a motion to remand, contending
that federal jurisdiction is lacking because the $75,000 amount in controversy requirement of 28
U.S.C. § 1332(a) has not been met. After consulting with Plaintiff’s counsel, Defendant has changed
its position and agrees that Plaintiff’s claim does not exceed $75,000. Accordingly, Defendant agrees
that this matter should be remanded to the Circuit Court of Union County.
Upon consideration, the Court finds that Plaintiff’s Motion to Remand should be and hereby
is GRANTED. This matter is hereby REMANDED to the Circuit Court of Union County, Arkansas
for a proper adjudication of the issues in this case.
IT IS SO ORDERED, this 13th day of January, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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