Hart v. Wen Products, Inc. et al

Filing 5

ORDER granting #4 Joint MOTION to Remand to State Court. Signed by Senior Judge Graham Mullen on 11/17/2021. (ef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:21-CV-00557
MICHELE A. HART,
Plaintiff,
ORDER ON JOINT CONSENT
MOTION TO REMAND

v.
WEN PRODUCTSM, INC. AND GREAT
LAKES TECHNOLOGIES, LLC ,
Defendants.

THIS MATTER IS BEFORE THE COURT on Defendant Great Lake Technologies,
LLC’s and Plaintiff Michele Hart’s Joint Consent Motion to Remand. Having carefully
considered the motion and the record, the undersigned will grant the motion.
On October 18, 2021, Defendant Great Lakes filed a notice of removal to the Western
District of North Carolina, Charlotte Division. The Parties subsequently conferred and agreed to
a stipulation that Plaintiff’s alleged damages, exclusive of pre-judgment interest and costs, do not
exceed $75,000.00. Thus, the amount in controversy required for diversity jurisdiction is no
longer satisfied under 28 U.S.C. § 1332. All parties to this case consent to the pending motion.
The undersigned therefore concludes that this case shall be remanded pursuant to 28 U.S.C. §
1447(c) for lack of subject matter jurisdiction.
IT IS, THEREFORE, ORDERED that the Joint Consent Motion to Remand is
GRANTED. This matter shall be remanded to the Superior Court of Mecklenburg County,
North Carolina.
SO ORDERED.
Signed: November 17, 2021

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