Lunsford v. Dollar General Corporation et al

Filing 12

ORDER granting 11 Motion to Remand Signed by District Judge Halil S. Ozerden on 6/12/2017 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
WILLIAM LUNSFORD

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PLAINTIFF
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§ CIVIL NO. 1:17-cv-134-HSO-JCG
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DEFENDANTS

v.
DOLGENCORP, LLC, and
JOHN DOES 1-5

ORDER GRANTING PLAINTIFF’S
[11] UNOPPOSED MOTION TO REMAND
BEFORE THE COURT is the Unopposed Motion to Remand [11] filed by
Plaintiff William Lunsford. Having considered the Motion [11], the record, and
relevant legal authority, the Court finds that the Motion [11] should be granted,
and this matter should be remanded to the Circuit Court of Jackson County,
Mississippi.
On March 24, 2017, Plaintiff filed a Complaint in the Circuit Court of
Jackson County, Mississippi, naming Dollar General Corporation (“DCG”) as
Defendant. Compl. [1-2] at 1. DCG removed the case to this Court on May 2, 2017,
ostensibly invoking diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). Notice of
Removal [1] at 2-3. The Complaint did not contain an ad damnum clause
containing a specific amount of damages claimed.
On May 16, 2017, Plaintiff and DCG filed a Stipulation [4] which agreed that
the total damages Plaintiff has incurred and will incur, and which Plaintiff seeks in
this action, do not exceed $75,000.00. On May 22, 2017, Plaintiff filed an Amended
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Complaint [6] which substituted Dolgencorp, LLC, as Defendant in place of DCG,
and clarified that Plaintiff was seeking damages not to exceed $75,000.00. Am.
Comp. [6] at 1, 5.
Plaintiff has now filed an Unopposed Motion [11] to remand the case,
asserting that the amount in controversy for diversity jurisdiction is not satisfied.
Mot. [11] at 1-3. Having considered the Motion [11], the record, and relevant legal
authority, the parties do not dispute and the Court finds that the amount in
controversy in this case does not exceed the sum or value of $75,000.00, exclusive of
interest and costs, such that diversity jurisdiction is lacking. See 28 U.S.C. §
1332(a); Am. Compl. [6] at 5; Mot. [11] at 1-3. Plaintiff’s Motion [11] should be
granted, and this matter should be remanded to the Circuit Court of Jackson
County, Mississippi.
IT IS, THEREFORE, ORDERED AND ADJUDGED, that the Unopposed
Motion to Remand [11] filed by Plaintiff William Lunsford is GRANTED.
IT IS, FURTHER, ORDERED AND ADJUDGED, that this civil action is
remanded to the Circuit Court of Jackson County, Mississippi, and that a certified
copy of this Order of remand shall be immediately mailed by the Clerk to the clerk
of the state court pursuant to 28 U.S.C. § 1447(c).
SO ORDERED AND ADJUDGED, this the 12th day of June, 2017.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE

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