Opinion
Civil Action No. 1:12-10170-JLT
06-20-2012
MANUEL TEIXEIRA, Plaintiff, v. NATIONAL BEDDING COMPANY, LLC, Defendant.
ORDER
TAURO, J.
After reviewing the Parties' submissions, this court hereby orders as follows: 1. Plaintiff's Motion for Remand to State Court [#7] is ALLOWED.
In order for this court to have subject matter jurisdiction over diverse parties in an action alleging only state law claims, the amount in controversy must exceed $75,000. The amount in controversy is determined from the face of the complaint. Because Plaintiff did not claim more than $75,000 in his complaint, this court lacks subject matter jurisdiction. This case is hereby remanded to Bristol County Superior Court. 2. Defendant's Motion to Dismiss Count III [#4] is DENIED AS MOOT.
28 U.S.C. § 1332(a) ("The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between [diverse parties]."); see also 28 U.S.C. § 1441.
Coventry Sewage Assocs. v. Dworkin Realty Co., 71 F.3d 1, 4 (1st Cir. 1995) (quoting Horton v. Liberty Mutual Ins. Co., 367 U.S. 348, 353 (1961)).
See Mem Supp. Pl. Mot. Rem. [#8] at 1 & n. 1 (stating that Defendant removed based on a misreading of the amount claimed on the Civil Action Cover Sheet); see also Complaint [#6] at 7.
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IT IS SO ORDERED.
Joseph L. Tauro
United States District Judge