Free Motion to Remand - District Court of Delaware - Delaware

Case 1 :07-cv—00464-JJF Document 4 Filed 08/22/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MYRON C. SMITH :
: C. A. No. 07-464***
Plaintiff, :
STEVEN A. MOLNAR and,
DANIEL MOLNAR, :
Defendants.
PLAINTIFI<"S MOTION FOR REMAND TO DELAWARE SUPERIOR COURT A
1. This action was commenced in the Superior Court of the State of Delaware in and for
New Castle County on June 21, 2007, by Plaintifti a resident of Delaware, alleging damages
p related to a motor vehicle accident that occurred in New Castle County, Delaware on July 14,
2005. Defendants reside in New Jersey.
2. On July 26, 2007, Defendants filed a notice of removal of this case to the United States
District Court for the District of Delaware. The stated basis for removal is due to the fact that
there exists diversity of citizenship between the patties and the amount in controversy is in
excess of $75,000.00, as required by 28 §1332.
3. It is undisputed that Plaintiff and Defendants are domiciled in different states. However,
Plaintiff submits that the sum of the matter in controversy does not exceed $75,000.
4. Respectfully, in placing an amount on a case, this Court must reasonably determine a
value on the case, based on the initial complaint tiled by the plaintiff Werwinski v. Ford Motor
_C_o,, 286 F.3d 661, 666 (3d Cir. 2002) (Citing Angg v. Shilejg Inc., 989 F.2d 142, 146 (3d. Cir.
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Case 1 :07-cv—00464-JJF Document 4 Filed 08/22/2007 Page 2 of 4
1993). In the case at hand, as a result of the accident, Plaintiff incurred approximately $8,000 in
medical bills, as well as a non-surgical, permanent injury to his low back. Similar cases settle for
less than $75,000. This case was filed in Superior Court as an arbitration case, which clearly
confirms that it has a value less than $100,000. Moreover, the Defendants have not made a
settlement 01Ter in excess of $75,000
5. For the aforementioned reasons, this case is not removable to federal court because the
value ofthe claim does not reasonably exceed the threshold amount of $75,000. Hence,
respectfully, this Court lacks jurisdiction over this matter. Since this Court does not have
jurisdiction over this case, it should be remanded to the Superior Court ofthe State of Delaware.
WHEREFORE, Plaintiff Myron Smith, by and through his attorney, hereby moves this
Court for an Order rernanding this case to Delaware Superior Court, pursuant to 28 U.S.C. §l447 _
and directing that the Defendants pay the Plaintiff just costs, and expenses, including atto1·ney’s
fees, incurred as a result ofthe improper removal of this case. 5
ISI JONATHAN B. 0’NEILL
JONATHAN B. O’NEILL, ESQUIRE ·
Kimmel, Carter, Roman & Peltz, P.A.
200 Biddle Avenue, Suite 101
Springside Plaza `
Bear, Delaware 19701
(302) 392-2000
Attorney for Plaintiff
Bar ID: 4442
DATE: August 22, 2007
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Case 1 :07-cv—00464-JJF Document 4 Filed 08/22/2007 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MYRON C. SMITH : A
: C. A. N0. 07-464***
Plaintiff} 1
V.
STEVEN A. MOLNAR and,
DANIEL MOLNAR, :
Defendants.
ORDER
IT IS HEREBY ORDERED this day of , 2007, that this
case is remanded to the Delaware Superior Court and Defendants shall pay Plaintiff attomey’s fees in the {
amount of .
JUDGE
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Case 1 :07-cv—00464-JJF Document 4 Filed 08/22/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MYRON C. SMITH 2
: C. A. No. 07-464***
Plaintiff, :
v.
STEVEN A. MOLNAR and,
DANIEL MOLNAR, :
Defendants.
NOTICE OF SERVICE/MAILING
The undersigned, counsel for Plaintiff, hereby certiities that on August 22, 2007, two (2)
copies of the Plaintiffs Motion For Remand to Delaware Superior Court were served/mailed toi
Herbert W. Mondros, Esquire
Margolis Edelstein
750 South Madison Street, Suite 102
Wilmington, DE 19801
Isl JONATHAN B. O’NEILL
JONATHAN B. O’NEH.L, ESQUIRE
Kimmel, Carter, Roman & Peltz, P.A.
200 Biddle Avenue, Suite 101
Springside Plaza
Bear, Delaware 19701
(302) 392-2000
Attorney for Plaintiff
Bar ID: 4442
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