Whitehurst

Whitehurst v. Dollar Tree Stores, Inc.

Good Law
United States District Court, Eastern District of CaliforniaFebruary 15, 20222:21-cv-01986California724 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Whitehurst, No. 2:21-cv-01986-KJM-DMC Plaintiff, ORDER v. Dollar Tree Stores, Inc., et al., 1S Defendants. 16 On July 2, 2021, plaintiff Tammy Whitehurst filed this slip-and-fall lawsuit against Dollar 18 Tree Stores, Inc. (Dollar Tree) in the Superior Court for the State of California, County of Shasta. See generally Compl. Not. Removal Ex. A, ECF No. 1-1. Dollar Tree timely removed to this 20 court on October 26, 2021, invoking this court’s diversity jurisdiction. See Not. Removal 4 1, ECF No. 1. On February 1, 2022, the parties filed a joint stipulation in which plaintiff agreed to 22 cap her total recovery at $74,999.99. See Joint Stip. § 6, ECF No. 7. The parties then “agree[d] that because the amount in controversy in this matter no longer exceeds $75,000.00, subject 24 matter jurisdiction is lacking,” id. § 10, and the case should be remanded, id. ¥ 11. The court…

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