Opinion
CIVIL NO. 1:02CV00753
October 29, 2003
MEMORANDUM OPINION
This personal injury action, originally filed in the Superior Court of Rowan County, was removed by the Defendant to this court on September 10, 2002, pursuant to 28 U.S.C. § 1332(a)(1) and § 1441(a). By notice dated December 31, 2002, a trial date was set for January 5, 2004. The discovery deadline expired on July 31, 2003, and no dispositive motions were filed by either party. On October 16, 2003, the parties filed a stipulation to remand the case to the Superior Court of Rowan County on the grounds that Plaintiff has agreed that her claims "do not exceed the sum of $75,000.00, and that the court therefore lacks subject matter jurisdiction over this matter." It is apparent that neither party wants to try this case in this court in January, as evidenced by Defendant's prior motion to continue, which was consented to by the Plaintiff. Whether a case is removable is determined by the status of the case as disclosed by the Plaintiff's complaint, and a post-removal stipulation to allege damages below the jurisdictional amount will not destroy federal jurisdiction once it has attached. St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 289-91 (1938). However, when facing indeterminate claims, courts have held that consideration may be given to a stipulation filed by a plaintiff that the claim does not exceed the jurisdictional amount. Gwyn v. Wal-Mart Stores, Inc., 955 F. Supp. 44, 46 (M.D.N.C. 1996) (collecting cases). In the present case Plaintiff's complaint did not demand specific monetary relief, but, as required by the North Carolina Rules of Civil Procedure, requested damages "in excess of $10,000.00." N.C.R. Civ. P. 8(a)(2). Thus the value of Plaintiff's claim is indeterminate.
Because the court cannot determine the amount in controversy from the face of the complaint, it will accept the parties' stipulation that the value of the claim does not exceed $75,000.00. Therefore, the court finds that it lacks jurisdiction over this case and will remand it to the General Court of Justice, Superior Court Division, Rowan County, North Carolina.
An order in accordance with this memorandum opinion shall be entered contemporaneously herewith.