Ernesto v. McKibbin
ORDER granting 10 Motion to Remand. Signed by Chief Judge James C. Dever III on 2/19/2017. (Briggeman, N.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
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WL 7240180, at *1 (4th Cir. Dec. 15, 2016) (per curiam) (unpublished).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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