Ernesto v. McKibbin

Filing 16

ORDER granting 10 Motion to Remand. Signed by Chief Judge James C. Dever III on 2/19/2017. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:16-CV-398-D ASHLEY ERNESTO, Plaintiff, v. DAWN MCKIBBIN, Defendant. ) ) ) ) ) ) ) ) ) ORDER On December 29, 2016, Ashley Emesto ("Emesto" or "plaintiff') moved to remand this action to Onslow County Superior Court [D.E. 10]. Emesto contends that the amount in controversy does not exceed $75,000, exclusive of interest and costs. See id. 1-3; see also [D.E. 11]. Thus, Emesto argues that diversity jurisdiction does not exist. See 28 U.S.C. § 1332(a). On January 19, 2017, Dawn McKibbin responded in opposition [D.E. 15]. The court has reviewed the complaint under the governing standard. See Francis v. Allstate Ins. Co., 709 F.3d 362, 367 (4th Cir. 2013); see also Jones v. Wells Fargo Co., No. 15-2403,2016 WL 7240180, at *1 (4th Cir. Dec. 15, 2016) (per curiam) (unpublished). · ·Plaintiffs motion to remand [D.E. 10] is GRANTED. Plaintiffs request for attorney's fees is DENIED. The action is REMANDED to Onslow County Superior Court. SO ORDERED. This _jj_ day ofFebrua.ry 2017.

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