BRYANT v. WALMART STORES EAST LP

Filing 7

ORDER GRANTING 5 and 6 Motions to Remand. The case is REMANDED to the State Court of Bibb County. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 8/7/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
BARBARA BRYANT,
Plaintiff,
v.
WALMART STORES EAST, LP,
Defendant.

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CIVIL ACTION NO. 5:14-CV-280 (MTT)

ORDER
Before the Court are the Plaintiff’s motion to remand (Doc. 5) and the Parties’
consent motion to remand (Doc. 6). On June 25, 2014, Plaintiff Barbara Bryant sued
Defendant Wal-Mart Stores East, LP in the State Court of Bibb County based on
allegations of negligence. (Doc. 1-2). The Defendant was served on July 8, 2014 and
removed the case to this Court on July 28, 2014 based on diversity of citizenship. (Doc.
1). See 28 U.S.C. §§ 1332, 1441. Removal was based on a demand letter in which the
Plaintiff offered to settle the case for $250,000. (Doc. 1-4). However, the Plaintiff has
since stipulated that any verdict greater than $75,000 will be reduced to $75,000.
Because the amount in controversy is not greater than $75,000, the Court lacks
jurisdiction. Accordingly, the motions to remand (Docs. 5; 6) are GRANTED. The case
is REMANDED to the State Court of Bibb County.
SO ORDERED, this 7th day of August, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT