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Perez v. United Fin. Cas. Co.

United States District Court, Western District of Washington
Dec 1, 2021
2:21-cv-01135-MJP (W.D. Wash. Dec. 1, 2021)

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.


Summaries of

Perez v. United Fin. Cas. Co.

United States District Court, Western District of Washington
Dec 1, 2021
2:21-cv-01135-MJP (W.D. Wash. Dec. 1, 2021)
Case details for

Perez v. United Fin. Cas. Co.

Case Details

Full title:JOSE PEREZ, an individual, Plaintiff, v. UNITED FINANCIAL CASUALTY…

Court:United States District Court, Western District of Washington

Date published: Dec 1, 2021

Citations

2:21-cv-01135-MJP (W.D. Wash. Dec. 1, 2021)