911 Restoration, LLC v. Wilson

Filing 3

ORDER REMANDING this case to state court. Signed by District Judge Carlton W. Reeves on 3/29/2018. (cr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION 911 RESTORATION, LLC V. PLAINTIFF CAUSE NO. 3:18-CV-00191-CWR-FKB WHITNEY WHITE WILSON DEFENDANT ORDER REMANDING TO STATE COURT 911 Restoration has removed this lawsuit to federal court on two jurisdictional grounds: federal question and diversity.1 Neither ground is fertile. Federal question jurisdiction is allegedly founded on a counter-claim, which “does not establish arising under jurisdiction.”2 Diversity jurisdiction is allegedly founded on a dispute regarding $20,488.50 exclusive of costs and interest,3 far below the $75,000 statutory threshold.4 This lawsuit is therefore REMANDED to Madison County Circuit Court. SO ORDERED, this the 29th day of March, 2018. s/ Carlton W. Reeves UNITED STATES DISTRICT JUDGE 1 Docket No. 1. McRae Law Firm, PLLC v. Gilmer, No. 3:16-CV-631-CWR-FKB, 2016 WL 9526304, at *2 (S.D. Miss. Nov. 3, 2016) (quotation marks omitted). 3 Docket No. 1-1 at 4. 4 28 U.S.C. § 1332. 2

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