Williams, et al v. Bank of America Corporation

Filing 17

ORDER granting 8 Motion to Remand to the Superior Court of Chatham County. Signed by Judge B. Avant Edenfield on 03/31/2011. (lmm)

-GRS Williams, et al v. Bank of America Corporation

Doc. 17

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION REBA M. WILLIAMS, et al., Plaintiffs, v. 4:11-cv-2

This case is REMANDED to the Superior Court of Chatham County.

This 31st day of March 2011.

1)

E-:4"a

BANK OF AMERICA CORPORATION, Defendant. ORDER Plaintiffs sued Defendant Bank of America ("BofA") to enjoin foreclosure and recover their expenses. See Doc. 1-1. BofA removed this action on January 6, 2011 citing diversity jurisdiction. See Doc. 1. BofA asserts that the amount in controversy is satisfied because "Plaintiffs seek a permanent injunction which would void [BofA's] deed interests in the subject property securing a total principal amount of approximately $120,452.86." See id. at 3. Plaintiffs moved to remand on February 1, 2011. See Doc. 8. Plaintiffs assert that they already paid BofA $65,425.11--making the new amount in controversy $55,027.75. See Doc. 8 at 2. BofA does not oppose remand. See Doc. 16. BofA represents that subsequent to its removal of the case "Plaintiffs have made clear that they are not pursuing damages or other relief in excess of $75,000." See id. Because both parties agree that this case does not meet 28 U.S.C. § 1332(a)'s amount in controversy requirement, Plaintiff's Motion to Remand, see Doc. 8, is
GRANTED.

R- AVANT DENFIELŲ+JTJDGE UNFED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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