MITCHELL v. STATE FARM FIRE AND CASUALTY COMPANY, 2:15-cv-117-DPM. (2015)
Court: District Court, E.D. Arkansas
Number: infdco20150820664
Visitors: 5
Filed: Aug. 19, 2015
Latest Update: Aug. 19, 2015
Summary: ORDER D. P. MARSHALL Jr. , District Judge . Mitchell's motion to strike, No. 7, is granted and State Farm's motion to dismiss, No. 3, is denied as moot. The correct name of the defendant has been cured by the amended complaint. No. 5. State Farm has shown by a preponderance of the evidence that the amount in controversy could exceed the jurisdictional minimum. Bell v. Hershey Company, 557 F.3d 953 , 956 (8th Cir. 2009), overruled in immaterial part by Standard Fire Insurance Comp
Summary: ORDER D. P. MARSHALL Jr. , District Judge . Mitchell's motion to strike, No. 7, is granted and State Farm's motion to dismiss, No. 3, is denied as moot. The correct name of the defendant has been cured by the amended complaint. No. 5. State Farm has shown by a preponderance of the evidence that the amount in controversy could exceed the jurisdictional minimum. Bell v. Hershey Company, 557 F.3d 953 , 956 (8th Cir. 2009), overruled in immaterial part by Standard Fire Insurance Compa..
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ORDER
D. P. MARSHALL Jr., District Judge.
Mitchell's motion to strike, No. 7, is granted and State Farm's motion to dismiss, No. 3, is denied as moot. The correct name of the defendant has been cured by the amended complaint. No. 5.
State Farm has shown by a preponderance of the evidence that the amount in controversy could exceed the jurisdictional minimum. Bell v. Hershey Company, 557 F.3d 953, 956 (8th Cir. 2009), overruled in immaterial part by Standard Fire Insurance Company v. Knowles, 133 S.Ct. 1345, 1348-50 (2013). Mitchell's motion to remand, No. 8, is therefore denied without prejudice. This case will remain here unless Mitchell stipulates to capping her potential recovery (including fees and costs) from all claims at an amount less than the jurisdictional minimum. Any stipulation is due by 10 September 2015.
So Ordered.
Source: Leagle
