v. Geico General Insurance Company et al

Filing 13

ORDER Granting 10 Motion to Remand to State Court. Signed by Judge James C. Mahan on 1/15/16. (Copies have been distributed pursuant to the NEF - cc: certified copy of order and docket sheet mailed to state court - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KELLIE LYNN PEREZ,

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Plaintiff(s),

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Case No. 2:15-CV-2040 JCM (PAL)
ORDER

v.
GEICO GENERAL INSURANCE COMPANY,
et al.,
Defendant(s).

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Presently before the court is plaintiff Kellie Lynn Perez’s motion to remand to state court.

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(Doc. #10). Defendant Geico General Insurance Company filed a notice of non-opposition to the
motion to remand. (Doc. #12).
Defendant removed the instant action on the basis of diversity of citizenship pursuant to 28

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U.S.C. § 1332. However, in the motion to remand, plaintiff provided factual and legal support for
her argument that there is no diversity of citizenship between the parties. Specifically, the amount
in controversy does not exceed $75,000. Plaintiff states that a reasonable range of value for her
claim is between $25,000 and $40,000. Defendant submit its non-opposition to plaintiff’s motion
based upon her representations that her medical specials only total to $13,320.60 and that her
calculated reasonable range of value of her claim is between $25,000 and $40,000.
28 U.S.C. § 1332(a) requires that the amount in controversy exceed $75,000. Therefore,

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James C. Mahan
U.S. District Judge

the court finds it proper to remand to the state court.
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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs’ motion to

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remand (doc. #10) is GRANTED. The action shall be remanded to the state court for further

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proceedings.

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DATED January 15, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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