Shropshire v. The Kroger Co.

Filing 7

ORDER granting 3 Motion to Remand Signed by Honorable David C. Bramlette, III on 10/27/2014 (ECW)

IN THE DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
FELICIA SHROPSHIRE
VS.

PLAINTIFF
CIVIL ACTION NO. 5:14-cv-59(DCB)(MTP)

THE KROGER CO.

DEFENDANT
ORDER

This cause is before the Court on the plaintiff Felicia
Shropshire’s Motion to Remand (docket entry 3).

Having carefully

considered the motion, and being fully advised in the premises, the
Court finds as follows:
This case was removed from the County Court of Pike County,
Mississippi, to this Court by the defendant, The Kroger Co.,
pursuant to 28 U.S.C. §§ 1332 (diversity of citizenship) and 1441
(removal), alleging that diversity exists between the parties, and
that “it is clear that Plaintiff’s claims are unlimited and the
amount in controversy is in excess of $75,000.00.”

Notice of

Removal, ¶ 8.
In her Motion to Remand (docket entry 3), the plaintiff states
that she seeks damages in a sum of less than $75,000.

She also

submits a Stipulation of Damages (docket entry 3-1), stating that
she is not seeking damages or a judgment in excess of $75,000
exclusive of interest and costs.
addition,

the

plaintiff

has

Stipulation of Damages, ¶ 3.

submitted

a

separate

In

PLAINTIFF’S

STIPULATION REGARDING AMOUNT IN CONTROVERSY which states:

Plaintiff, Felicia Shropshire, and her attorneys
hereby stipulate that Plaintiff does not have currently,
and will not at any time in the future in this matter,
seek more than $74,999.99, exclusive of interest and
costs, in compensatory and/or punitive damages, from the
Defendant in this civil action. It is further stipulated
that should the fact finder award the Plaintiff more than
a total of $74,999.99, exclusive of interest and costs,
Plaintiff will reject such award and request that the
final judgment entered by the trial court not exceed
$74,999.99, exclusive of interest and costs.
Plaintiff’s Stipulation Regarding Amount in Controversy (docket
entry 6).
The Court is satisfied that this constitutes a “binding
stipulation” not subject to change in the future.

See De Aguilar

v. Boeing Co., 47 F.3d 1404, 1410 (5th Cir. 1995).

The Court

interprets the plaintiff’s affidavit to expressly disclaim any
damages which the jury might award in excess of $74,999.99.

The

plaintiff has therefore shown that she does not and will not seek
to recover, and cannot recover, an amount in excess of $74,999.99.
Consequently, there is no possibility that the plaintiff may
recover enough to satisfy the jurisdictional requirement.
is therefore required under 28 U.S.C. § 1447(c).

Remand

See Hodge v.

National Auction Group, Inc., 2006 WL 1579648, *2 (N.D. Miss. June
2, 2006).

Accordingly,

IT IS HEREBY ORDERED that the plaintiff Felicia Shropshire’s
Motion to Remand (docket entry 3) is GRANTED.
FURTHER ORDERED that this action shall be REMANDED to the
County Court of Pike County, Mississippi.

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A separate Order of

Remand shall follow.
SO ORDERED, this the 27th day of October, 2014.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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