Opinion
CIV-21-897-D
02-01-2023
RYAN UNTERKIRCHER and CATHERINE UNTERKIRCHER, Husband and Wife, Plaintiffs, v. STATE FARM FIRE AND CASUALTY COMPANY, a foreign for-profit corporation, Defendant.
ORDER
TIMOTHY D. DeGIUSTI, Chief United States District Judge
Before the Court is Plaintiffs' Unopposed Motion to Remand to State Court. [Doc. No. 57]. In their complaint, Plaintiffs asserted two causes of action against Defendant: 1) breach of contract; and 2) breach of the duty of good faith and fair dealing. As a result of pretrial rulings, only the breach of contract claim remains.
Upon review of the instant motion, it appears to a legal certainty that Plaintiff cannot recover at least $75,000 on their breach of contract claim. See Watson v. Blankinship, 20 F.3d 383, 386 (10th Cir. 1994).
IT IS THEREFORE ORDERED that Plaintiff's Unopposed Motion to Remand to State Court [Doc. No. 57] is GRANTED. The case is REMANDED to the District Court of Oklahoma County, Oklahoma.
IT IS SO ORDERED.