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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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_______________________________________
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GORDON HAMILTON,
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Plaintiff,
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v.
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STATE FARM FIRE AND CASUALTY
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COMPANY, et al.,
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Defendants.
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_______________________________________)

No. C13-0701RSL
ORDER REQUIRING SUBMISSION
OF INFORMATION REGARDING
REMOVAL FROM STATE COURT

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The above captioned matter was recently removed from state court. The removing

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defendants shall, within seven (7) days of the date of this Order, serve and file the following

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information:

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State with particularity the basis for defendants’ belief that the amount in

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controversy exceeds the sum of $75,000, exclusive of interest and costs. Contrary to defendants’

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assertion in their notice of removal, plaintiff does not seek recovery of the policy limits in this

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action. Rather, plaintiff seeks to compel production of the governing policy documents, a

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declaration of the policy terms if the governing documents cannot be produced, damages

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associated with the failure to timely produce the policy, treble damages under the Consumer

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Protection Act, and an award of costs and fees. There is no indication that the damages asserted

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in this matter - consisting mostly of fees incurred while attempting to obtain copies of the policy

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documents - will reach the jurisdictional limit.

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INFORMATION REGARDING REMOVAL

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If plaintiff has a response to defendants’ submission, such response, if any, shall be

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filed and served within seven (7) days of the date of defendants’ submission. Any motion to

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remand the action to state court based on any procedural defects in the removal must be filed

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within thirty (30) days of the removal. See 28 U.S. C. § 1447(c). The Clerk of Court is directed

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to note this “Submission Regarding Removal” on the Court’s calendar for Friday, May 10, 2013.

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Dated this 23rd day of April, 2013.

A
Robert S. Lasnik
United States District Judge

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INFORMATION REGARDING REMOVAL

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