Calvin Gulley v. James River Insurance Company
Opinion
trial_court Opinion
I. Background
Defendant James River Insurance Company (“Defendant”) removed this insurance action to federal court on November 30, 2023. In the Notice of Removal (“Notice”) (Dkt. 1), Defendant argued that this Court had diversity jurisdiction. Notice at 4. On January 3, 2024, the Court issued an order to show cause regarding the amount in controversy (“OSC”) (Dkt. 11). One week later, Defendant responded to the OSC arguing that the amount in controversy exceeded the statutory threshold of $75,000. See generally Response (Dkt. 12). The Court disagrees.
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in
CIVIL MINUTES – GENERAL
Case No. 8:23-cv-02242-DOC-ADSx Date: January 11, 2024
Page 2
relevant part that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed . . . to the district court of the United States for the district and division embracing the…