Filing 5

MEMORANDUM ORDER remanding case to the Court of Common Pleas of Allegheny County, FORTHWITH. The Clerk shall mark the docket closed.. Signed by Judge Arthur J. Schwab on 5-10-11. (nam)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GERALDINE F. CROFT Administratrix of the Estate of Thomas J. Goessling, Deceased, and GERALDINE F. CROFT, in her own right, 11cv0578 ELECTRONICALLY FILED Plaintiff, v. NATIONWIDE INSURANCE COMPANY OF AMERICA a corporation, Defendant. Memorandum Order This is a breach of contract/bad faith action which was removed from state court (Allegheny County Court of Common Pleas) by defendant on May 3, 2011. Because on the face of the complaint, plaintiff only seeks to collect $25,000.00 in unpaid accidental death benefits for defendant alleged breach of contract in failing to disperse these funds with an added bad faith claim, on May 6 2011, this Court issued a Rule to Show Cause on the issue of the jurisdictional threshold (amount in controversy). On May 9, 2011, plaintiff’s counsel submitted a sworn affidavit setting forth his belief (on behalf of plaintiff) that the “there is no reasonable probability that the recoverable damages in this case would exceed the sum of $75,000.00.” Doc. No. 4. Plaintiff’s counsel has further agreed to remit any amount in excess of $75,000.00 should plaintiff receive damages in that amount. Therefore, the affidavit submitted by plaintiff’s counsel limits the recovery in this case to less than $75,000.00. Frederico v. Home-Depot, 507 F.3d 188 (3d Cir. 2007). Accordingly, for these reasons, the Court finds that it appears to a legal certainty that the plaintiffs cannot or will not recover the $75,000.00 jurisdictional amount, and the Court is without jurisdiction to hear this case. Samuel-Bassett v. Kia Motors America, Inc., 357 F.3d 392 (3d Cir. 2004). Therefore, this case shall be remanded to the Court of Common Pleas of Allegheny County FORTHWITH. The Clerk shall mark the docket closed. SO ORDERED this 10th day of May, 2011. s/Arthur J. Schwab Arthur J. Schwab United States District Judge cc: All Registered ECF Counsel and Parties

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