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John W Mills v. State Farm Insurance Company et al

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


May 10, 2011

JOHN W MILLS
v.
STATE FARM INSURANCE COMPANY ET AL

The opinion of the court was delivered by: Honorable Jacqueline H. Nguyen

JS-6

CIVIL MINUTES - GENERAL

Present: The Honorable JACQUELINE H. NGUYEN

Alicia Mamer Not Reported N/A Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not present Not present

Proceedings: ORDER REMANDING THE ACTION (In Chambers) [8, 11, 12]

In its May 4, 2011 Order, the Court directed Plaintiff John W. Mills ("Plaintiff") to clarify his position as to whether the total amount in controversy in this action exceeds the value of $75,000. (Docket No. 11.) In response, on May 9, 2011, Counsel for Plaintiff submitted a declaration stating that Plaintiff is "willing to stipulate that the amount in controversy, at this time, does not exceed the sum of $75,000.00 exclusive of accruing interest and costs." (Docket No. 12; Seuthe Decl. ¶ 3.)

The matter was removed on the basis of diversity jurisdiction. Because Defendant has not sustained its burden of showing that the amount in controversy does not exceed $75,000, the Court may not exercise diversity jurisdiction over this action. See 28 U.S.C. § 1332(a). *fn1

Accordingly, the Court REMANDS the action to the SUPERIOR COURT FOR THE COUNTY OF LOS ANGELES.

IT IS SO ORDERED.

: N/A

Initials of Preparer AM

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 2:11-cv-03069-JHN -PJW

Date May 10, 2011

John W Mills v. State Farm Insurance Company et al


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