Talbert v. Standard Fire Insurance Company

Full title: Stephen Talbert, Plaintiffs, v. Standard Fire Insurance Company, Defendants

Court: United States District Court, D. South Carolina, Spartanburg Division

Date published: Jan 14, 2009

C/A No.: 7:08-cv-03414-GRA (D.S.C. Jan. 14, 2009)

Opinion

C/A No.: 7:08-cv-03414-GRA.

January 14, 2009

ORDER (Written Opinion)

G. ANDERSON JR., District Judge

This matter comes before the Court on a motion of the parties to remand. This action was removed from the Spartanburg County Court of Common Pleas on October 7, 2008 pursuant to 28 U.S.C. § 1441. The defendant based removal on 18 U.S.C. § 1332, alleging diversity of citizenship and an amount in controversy in excess of $75,000. Since removing the case the parties have stipulated that the amount in controversy in now below the $75,000 threshold, and requested this case be remanded to state court.

The plaintiff's complaint did not specifically enumerate an amount in controversy in excess of $75,000. Accordingly, the subsequent stipulation between the parties served as a clarifying instrument. See Workman v. Kawasaki Motors Corp., U.S.A., 749 F.Supp. 1010, 1011 (W.D.Mo. 1990) (explaining that the stipulation created a "legal certainty" that the amount in controversy was below the jurisdictional threshold). Accordingly, as this Court has no jurisdiction under 18 U.S.C. § 1332, this case is hereby REMANDED to the Spartanburg County Court of Common Pleas. Subsequent scheduled hearings before this Court in this case are canceled.

IT IS SO ORDERED.