Sterry Street Auto Sales, Inc. v. Bulk Carrier (P.E.I.) Limited

Filing 14

ORDER granting 12 Motion to Remand to State Court; Certified copy of order sent to the Clerk of Court for the state court in accordance with 28 U.S.C. 1447(c). So Ordered by Chief Judge William E. Smith on 12/6/2018. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
___________________________________
)
STERRY STREET AUTO SALES, INC.,
)
)
Plaintiff,
)
)
v.
)
C.A. No. 17—292-WES
)
BULK CARRIERS (P.E.I.) LTD.,
)
)
Defendant.
)
___________________________________)
ORDER
WILLIAM E. SMITH, Chief Judge.
Before the Court is Plaintiff’s Motion to Remand to State
Court (ECF No. 12). For the following reasons, the motion is
granted.
This case centers around property damage caused by a motor
vehicle

accident

which

occurred

on

July

14,

2014.

Plaintiff

originally brought this case in Providence County Superior Court,
alleging damages of $100,000; Defendant thereafter removed the
case based on its good faith belief that this Court could exercise
original

jurisdiction

under

the

provisions

of

28

U.S.C.

§ 1332(a)(2).
After unsuccessful settlement negotiations in this Court,
Plaintiff moved to remand the case, arguing that removal was
improper in the first instance because, despite its claim for
$100,000 in damages, “Defendant was aware at all times that . . .

[t]here never was more than Seventy-five Thousand ($75,000.00)
Dollars in controversy” and, therefore, this Court lacks subject
matter jurisdiction. (Pl.’s Mem. in Supp. of Mot. to Remand 3, ECF
No. 12.)

Defendant filed a Reply (ECF No. 13) in which it agreed

to a remand “[t]o the extent that the Plaintiff is stipulating
that its claimed damages do not meet the $75,000.00 amount in
controversy threshold . . . .” (Def.’s Reply 2, ECF No. 13.)

As

such, the parties have effectively agreed that the amount in
controversy

does

not

satisfy

the

requirements

for

diversity

jurisdiction under 28 U.S.C. § 1332.
Having heard no objection and finding that it lacks subject
matter jurisdiction to adjudicate the claims presented in this
case, the Court GRANTS Plaintiff’s Motion to Remand to State Court
(ECF No. 12).
IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: December 6, 2018

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