Cornish et al v. Allstate Indemnity Company

Filing 14

OPINION Adopting 11 Report and Recommendations of the U.S. Magistrate Judge. 6 Motion to Remand filed by Percy Cornish, Charlotte Cornish shall be denied. Signed by Judge Frank J. Polozola on 7/15/10. (BP, )

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Cornish et al v. Allstate Indemnity Company Doc. 14 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA CHARLOTTE CORNISH AND PERCY CORNISH VERSUS ALLSTATE INDEMNITY COMPANY OPINION After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which no objection was filed: The defendant proved by a preponderance of the evidence that plaintiffs' controversy. contents claim alone satisfies the amount in CIVIL ACTION NUMBER 10-173-FJP-DLD Plaintiffs failed to prove by a "legal certainty" that their claims do not exceed the $75,000 jurisdictional minimum. Thus, the amount in controversy is satisfied, and this court has subject matter jurisdiction over this matter. Therefore, IT IS ORDERED that the plaintiff's motion to remand shall be denied.1 Baton Rouge, Louisiana, July 15, 2010. S FRANK J. POLOZOLA MIDDLE DISTRICT OF LOUISIANA Rec. Doc. No. 6. Doc#46833 1 Dockets.Justia.com

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