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Blacknell v. Wal-Mart Stores

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 7, 2006

KRYSTAL BLACKNELL, PLAINTIFF,
v.
WAL-MART STORES, INC., DEFENDANT.

The opinion of the court was delivered by: David RHerndon United States District Judge

MEMORANDUM & ORDER

HERNDON, District Judge

Before the Court is plaintiff Krystal Blacknell's ("Plaintiff") Motion for Remand (Doc. 9). Plaintiff originally filed her action in the Circuit Court of Madison County, Illinois, seeking damages for her injuries allegedly caused by defective goods purchased from Defendant's stores (Doc. 2). Attached to her Complaint, Plaintiff signed an affidavit stating the total money damages she would be seeking would not exceed $50,000.

Defendant Wal-Mart Stores, Inc. ("Defendant") removed this action on December 19, 2005 (Doc. 1), based upon federal diversity jurisdiction, pursuant to 28 U.S.C. § 1332. In its Notice of Removal, Defendant stated that because Plaintiff had not provided Defendant with a stipulation that she would not be seeking more than $50,000 in damages prior to the time that Defendant needed to remove the case, Defendant was forced to assume that damages would exceed $75,000 instead (Doc. 1).*fn1

However, after Plaintiff submitted an affidavit stating the amount in controversy was less than $75,000.00, the Defendant acquiesced to Plaintiff's request for remand of this case. Therefore, the Court GRANTS Plaintiff's Motion to Remand (Doc. 9), and hereby REMANDS this case back to the Circuit Court of Madison County, Illinois.

IT IS SO ORDERED.


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