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Navigators Insurance v. Travelers Casualty

UNITED STATES DISTRICT COURT Northern District of California


October 8, 2009

NAVIGATORS INSURANCE, PLAINTIFF(S),
v.
TRAVELERS CASUALTY, DEFENDANT(S).

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

REMAND ORDER

Pending before the Court is Defendant Travelers Casualty and Surety Company of America's Motion for Transfer of Venue (Dkt. #3.) Plaintiffs Navigators Insurance Company and NIC Insurance Company filed an Opposition (Dkt. #6), to which Defendant filed a Reply (Dkt. #11). On October 8, 2009, the Court held a hearing on Defendant's Motion. The Court now rules as follows.

Transfer, Plaintiffs contend that Defendant improperly removed this action from San Francisco Superior Court. Specifically, Plaintiffs contend that because less than $75,000 is in controversy in this action, the Court lacks subject matter.

In their Opposition to Defendant's Motion to jurisdiction under 28 U.S.C. § 1332, making remand appropriate. Defendant initially opposed remand on the basis that Plaintiffs' Complaint could be construed as seeking more than $75,000 against Defendant. However, at the hearing, Plaintiffs avowed that they are seeking only $44,000 plus interest from Defendant. In response, Defendant indicated that, on that basis, it would agree to remand of this action. Accordingly, because it is undisputed that the amount in controversy requirement under 28 U.S.C. § 1332 is not satisfied in this case, the Court GRANTS Plaintiffs' request for remand and DENIES AS MOOT Defendant's Motion to Transfer. The Clerk of the Court shall therefore remand this matter to San Francisco Superior Court.

IT IS SO ORDERED.

20091008

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