Hamilton v. State Farm Fire and Casualty Company et al

Filing 7

ORDER REQUIRING SUBMISSION OF INFORMATION REGARDING REMOVAL FROM STATE COURT by Judge Robert S. Lasnik. (TF)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 8 9 10 11 12 _______________________________________ ) GORDON HAMILTON, ) ) Plaintiff, ) v. ) ) STATE FARM FIRE AND CASUALTY ) COMPANY, et al., ) ) Defendants. ) _______________________________________) No. C13-0701RSL ORDER REQUIRING SUBMISSION OF INFORMATION REGARDING REMOVAL FROM STATE COURT 13 The above captioned matter was recently removed from state court. The removing 14 15 defendants shall, within seven (7) days of the date of this Order, serve and file the following 16 information: 17 State with particularity the basis for defendants’ belief that the amount in 18 controversy exceeds the sum of $75,000, exclusive of interest and costs. Contrary to defendants’ 19 assertion in their notice of removal, plaintiff does not seek recovery of the policy limits in this 20 action. Rather, plaintiff seeks to compel production of the governing policy documents, a 21 declaration of the policy terms if the governing documents cannot be produced, damages 22 associated with the failure to timely produce the policy, treble damages under the Consumer 23 Protection Act, and an award of costs and fees. There is no indication that the damages asserted 24 in this matter - consisting mostly of fees incurred while attempting to obtain copies of the policy 25 documents - will reach the jurisdictional limit. 26 INFORMATION REGARDING REMOVAL 1 If plaintiff has a response to defendants’ submission, such response, if any, shall be 2 filed and served within seven (7) days of the date of defendants’ submission. Any motion to 3 remand the action to state court based on any procedural defects in the removal must be filed 4 within thirty (30) days of the removal. See 28 U.S. C. § 1447(c). The Clerk of Court is directed 5 to note this “Submission Regarding Removal” on the Court’s calendar for Friday, May 10, 2013. 6 7 8 9 Dated this 23rd day of April, 2013. A Robert S. Lasnik United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 INFORMATION REGARDING REMOVAL -2-

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