Opinion
CIVIL ACTION NO: 14-1960 SECTION: "S" (4)
10-14-2014
ROLAND BUTLER, BAILEY COMODORE, JR. AND GEORGE BUTLER v. STEVENS TRANSPORT, INC., ROBERT C. KAIZAR AND ALLSTATE INSURANCE COMPANY
ORDER AND REASONS
IT IS HEREBY ORDERED that Plaintiffs' Motin to Remand (Doc. #6) is GRANTED as unopposed, and this matter is REMANDED to the Civil District Court, Parish of Orleans, State of Louisiana.
Defendants removed this matter alleging diversity subject matter jurisdiction under 28 U.S.C. § 1332, which requires that each plaintiffs be of diverse citizenship from each defendant and that there be more than $75,000. Plaintiffs stipulate that their damages do not exceed $75,000 as to any one of the plaintiffs. Allen v. R&R Oil & Gas Co., 63 F.3d 1326, 1330 (5th Cir. 1995) ("The Supreme Court has long interpreted §1332's phrase 'matter in controversy' not to allow multiple plaintiffs to add together 'separate and distinct demands, unite[d] for convenience and economy in a single suit,' to meet the requisite jurisdictional level.") (citations omitted). Therefore, this court lacks subject matter jurisdiction under §1332.
New Orleans, Louisiana, this 14 day of October, 2014.
/s/_________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE