Ohio Metal Services LLC v. TrueForge Global Machinery Corp.

Filing 8

Opinion and Order: The parties' stipulation for remand to state court is approved, and this action is remanded to the Summit County Court of Common Pleas. (Related Doc # 7 ). Judge Sara Lioi on 12/18/2013. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

OHIO METAL SERVICES, LLC,

PLAINTIFF,
vs.
TRUEFORGE GLOBAL MACHINERY
CORP.,
DEFENDANT.

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CASE NO. 5:13-cv-2588

JUDGE SARA LIOI

ORDER AND OPINION

This matter is before the Court on the parties’ stipulation for remand to state
court. (Doc. No. 7.) For the reasons set forth below, the case is REMANDED to the Summit
County Court of Common Pleas.
Title 28 U.S.C. ' 1441, which governs civil actions removable from state court,
provides that such removal may only occur when a federal court has original jurisdiction of the
matter. In its notice of removal, defendant claimed original jurisdiction pursuant to 28 U.S.C. §
1332, asserting complete diversity and an amount in controversy exceeding the jurisdictional
amount. (Doc. No. 1 at 1.) Diversity jurisdiction under § 1332 exists only when the “matter in
controversy exceeds the sum or value of $75,000[.]” 28 U.S.C. § 1332(a). In evaluating the
amount in controversy, “the sum claimed by the plaintiff controls if the claim is apparently made
in good faith. It must appear to a legal certainty that the claim is really for less than the
jurisdictional amount to justify dismissal.” Kovacs v. Chesley, 406 F.3d 393, 395 (6th Cir. 2005)
(quoting St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 288-89, 58 S. Ct. 586, 82
L.Ed. 845 (1938)) (emphasis in original). The parties now stipulate that the amount in

controversy does not exceed the jurisdictional amount. (Doc. No. 7.) Accordingly, the Court does
not have original jurisdiction over the case and must remand. See 28 U.S.C. § 1447(c) (“If at any
time before final judgment it appears that the district court lacks subject matter jurisdiction, the
case shall be remanded.”).
The stipulation for remand is approved, and this action is REMANDED to the
Summit County Court of Common Pleas.

IT IS SO ORDERED.

Dated: December 18, 2013
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE