Sims v. Sims et al

Filing 13

MEMORANDUM signed on 03/14/14 by District Judge J. Frederick Motz. (Anderson, Christy)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
LISA SIMS AND MATTHEW SIMS
v.
PROGRESSIVE DIRECT
INSURANCE CO.

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* Civil No. JFM-14-3035
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MEMORANDUM

This action was originally instituted in the Circuit Court of Greene County, Missouri.
Defendant removed the action to this court. Plaintiffs have filed a motion to remand.
The action was properly removed and technically it may well be that the motion to
remand should be denied. However, plaintiffs now agree that Count III – which seeks to state a
claim for a bad faith denial of coverage – does not state a claim upon which relief can be granted.
Further, plaintiffs state that the highest possible award for attorneys’ fees would be $16,545.00.
Of course, if plaintiffs were to attempt to proceed with a bad faith claim or seek attorneys’ fees
in excess of $16,545.00, they would be judicially estopped from doing so in light of the
representations that they have made in seeking remand. Thus, the only remaining claim is for
$50,000 under the subject insurance policy. That claim is best litigated in state court since it is
well below the jurisdictional amount necessary for subject matter jurisdiction in this court.
A separate order granting plaintiffs’ motion to remand and remanding this case to the
Circuit Court for Greene County, Missouri is being entered herewith.

Date: March 14, 2014

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J. Frederick Motz
United States District Judge