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Misti Cheers-Petties v. Anheuser-Busch

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 3, 2012

MISTI CHEERS-PETTIES,
PLAINTIFF,
v.
ANHEUSER-BUSCH, LLC, AND DOES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Thomas J. Whelan United States District Judge

ORDER GRANTING JOINT MOTION TO CAP DAMAGES AND REMAND [DOC 19]

On August 16, 2011, Defendant Anheuser-Busch, LLC removed the instant matter to this Court under diversity jurisdiction. (Doc. 1.) The parties have now filed a joint motion seeking to cap Plaintiff Misti Cheers-Petties' damages at $75,000-less than the amount in controversy requirement of 28 U.S.C. § 1332(a)-and to remand this action back to state court. (Doc. 19.) Under 28 U.S.C. § 1447(c), "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." Having read the parties' papers, and good cause appearing, the Court GRANTS the joint motion to cap Cheers-Petties' damages at $75,000 and REMANDS this action to state court. All pending hearing dates are vacated. The clerk of the court is directed to close this matter.

IT IS SO ORDERED.

20120403

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