Carden v. State Automobile Mutual Insurance Company (PLR2), No. 3:2014cv00223 - Document 14 (E.D. Tenn. 2014)

Court Description: MEMORANDUM OPINION whereby the plaintiff's motion to remand, 12 , is GRANTED. This action will be REMANDED to the Chancery Court for Knox County, Tennessee. Signed by District Judge Pamela L Reeves on September 3, 2014. (AYB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE Chris Carden d/b/a, Carden Enterprises Plaintiff, v. State Auto Insurance Companies, Defendant. ) ) ) ) ) ) ) ) ) ) Case No.: 3:14-CV-223-PLR-HBG MEMORANDUM OPINION This matter comes before the Court on the plaintiff s motion to dismiss or remand based on a lack of subject-matter jurisdiction. [R. 12]. The defendant has not timely opposed the motion. This case was originally filed in the Chancery Court for Knox County, Tennessee, but was removed based on diversity of citizenship under 28 U.S.C. § 1332. For a court to have subject-matter jurisdiction under § 1332, the amount in controversy must exceed $75,000. On the face of the plaintiff s amended complaint, it is apparent that the plaintiff seeks a sum less than $75,000. [R, 11]. In fact, the plaintiff has stipulated it will at no time seek any more than $74,999.99 in this lawsuit. [R. 13] Because the amount in controversy does not exceed $75,000 as required by 28 U.S.C. § 1332, the plaintiff s motion to remand, [R. 12], is GRANTED. This action will be REMANDED to the Chancery Court for Knox County, Tennessee. ____________________________________ UNITED STATES DISTRICT JUDGE

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