Whitehead v. J.I. Financial, LLC et al

Filing 37

ORDER granting 36 Motion to Remand. Signed by Judge William T. Moore, Jr on 7/13/2011. (loh)

IN THE UNITED STATES DISTRICT COURT FOR!:.
THE SOUTHERN DISTRICT OF GEORGIA
,i
L f 3 ?1O.t+S
SAVANNAH DIVISION
DELETTRIA WHITEHEAD,,
Individually and as class
representative for all others
similarly situated,
Plaintiff,

V.

CASE NO. CV410-262

LI. FINANCIAL, LLC; LUFTMAN
HECK & ASSOCIATES, LLC, f/k/a
Forna, Luftman & Heck, LLC;
JEREMIAH HECK; and UNKNOWN
PARTIES A, B, C, and D, whose real
and proper identities are
unknown at present;
Defendants.

ORDER
Before the CoUrt is the parties' Joint Motion for Remand of
Action to Superior court of Toombs County. (Doc. 36.) This action
was originally removed pursuant to the provisions of The Class Action
Fairness Act of 2005 ("CAFA"), 28 U.S.C. § 1332(d). The party that
removed this action, former' Defendant Global Client Solutions, LLC,
originally alleged that the amount in controversy equaled $5.25
million, satisfying the $5 million threshold required by CAFA, 28
U.S.C. § 1332(d) (2) .

(Doc. 36 at 3.)

If the Court finds that it lacks subject matter jurisdiction

1 The parties filed a Stipulation of Dismissal Without Prejudice
(Doc. 26) as to this Defendant on January 19, 2011.

in a removed action at any time before final judgment, the case should
be remanded. 28 U.S.C. § 1447(c). In this motion, the parties agree
that, through discovery,

'it has . . .

become apparent that the

jurisdictional amount required to satisfy the CAFA is not satisfied
in this action." (Doc. 36 ¶ 2.) After careful consideration the

Court finds

that it l.cks subject matter

jurisdiction

and, therefore,

this motion is GRANTED. This action is REMANDED to the Superior
Court of Toombs County. The Clerk of Court is DIRECTED to close this
case.
SO ORDERED this 13 day of July 2011.

WILLIAM T. MOORE,
.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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