Erin Hughes et al v. Travelers Commercial Insurance Company
Filing
12
ORDER GRANTING MOTION TO DISMISS PUNITIVE DAMAGES 8 AND GRANTING MOTION TO REMAND 10 by Judge Otis D. Wright, II: Case Remanded to LOS ANGELES SUPERIOR COURT, SANTA MONICA COURTHOUSE, No. SC126699. MD JS-6. Case Terminated. (lc), Modified on 4/4/2017, (lc).
O
JS-6
1
2
3
4
5
6
7
United States District Court
Central District of California
8
9
10
11
ERIN HUGHES; and ROBERT
12
Case № 2:17-cv-01392-ODW(FFM)
HUGHES,
Plaintiff,
13
14
v.
ORDER GRANTING MOTION TO
15
TRAVELERS COMMERCIAL
DISMISS PUNITIVE DAMAGES [8]
16
INSURANCE CO.; FARMERS
AND GRANTING MOTION TO
17
INSURANCE GROUP; FOREMOST
REMAND [10]
18
INSURANCE GROUP; and DOES 2-10,
19
inclusive,
20
Defendants.
21
22
On March 14, 2017, Defendant Travelers Insurance Company (“Travelers”)
23
filed a motion to dismiss punitive damages in this case (ECF No. 8), and on March 23,
24
2017, Plaintiff Erin Hughes filed a motion to remand the case to state court (ECF No.
25
10). The deadline for Plaintiffs to oppose Travelers’s motion to dismiss punitive
26
damages was March 27, 2017. No opposition was filed; however, in Erin Hughes’s
27
motion to remand, she included a waiver of any damages exceeding $74,999.00,
28
thereby foreclosing her punitive damages claim and eliminating the Court’s diversity
1
jurisdiction in this action.1 (See Damages Waiver, ECF No. 10-1.) Further, on April
2
3, 2017, Travelers filed a notice of its non-opposition to remand the case to state court,
3
given that Erin Hughes’s Damages Waiver and non-opposition to the motion to
4
dismiss guarantee that the punitive damages issue is now moot. (ECF No. 11).
5
In light of the fact that the motion to dismiss punitive damages is unopposed,
6
the Court GRANTS the motion. (ECF No. 10.) In doing so, the Court eliminates any
7
federal jurisdiction in this action. Observing this, the Court simultaneously GRANTS
8
the motion to remand. The Clerk of Court shall close the case.
9
10
11
IT IS SO ORDERED.
12
April 4, 2017
13
____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
Travelers removed this case to federal court based on diversity of citizenship, which requires that
all plaintiffs’ state citizenship be completely diverse from all defendants’ state citizenship, and that
the amount in controversy exceed $75,000.00. See 28 U.S.C. §§ 1332, 1446; (Not. of Removal 1,
ECF No. 1.)
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?