Opinion
2:21-cv-01135-MJP
12-01-2021
JOSE PEREZ, an individual, Plaintiff, v. UNITED FINANCIAL CASUALTY COMPANY, a foreign corporation doing business in Washington, Defendant.
LETHER LAW GROUP Thomas Lether, Eric J. Neal Counsel for Defendant. MYERS & COMPANY, PLLC, Patrick Clifford, Michael David Myers Counsel for Plaintiff.
LETHER LAW GROUP Thomas Lether, Eric J. Neal Counsel for Defendant.
MYERS & COMPANY, PLLC, Patrick Clifford, Michael David Myers Counsel for Plaintiff.
STIPULATED MOTION AND ORDER TO REMAND
Marsha J. Pechman, United States Senior District Judge.
COMES NOW PLAINTIFF AND DEFENDANT through their undersigned attorneys and hereby stipulate as follows:
I. STIPULATION
On or about August 2, 2021, Plaintiff Jose Perez filed a complaint for damages and declaratory relief in the King County Superior Court, Cause No. 21-2-09879-3 SEA. On August 23, 2021, United Financial Casualty Company (UFCC) filed a notice of removal on the basis of diversity of jurisdiction and the amount in controversy exceeding the jurisdictional minimum of $75,000.
On December 1, 2021, Plaintiff Jose Perez signed a stipulation waiving any entitlement to any and all amounts in excess of $75,000 in this case. The stipulation also agrees to voluntarily dismiss all extra contractual claims with prejudice. These include claims for Bad Faith, Negligence, violations of the Washington Consumer Protection Act, and violations of the Insurance Fair Conduct Act, Accordingly, the jurisdictional threshold for federal diversity jurisdiction under 28 U.S.C. § 1332 is not and will not be met. Accordingly, this matter should be remanded to state court, King County Superior Court Cause No. 21-2-09879-3, for proceedings consistent with this stipulation.
II. ORDER
Based on the foregoing Stipulation, it is hereby ORDERED, ADJUDGED AND DECREED that the amount in controversy does not exceed the jurisdictional minimum of $75,000. It is further ORDERED, ADJUDGED AND DECREED that the above-captioned matter is remanded to King County Superior Court Cause No. 21-2-09879-3 for further proceedings.