Fill and Sign the Motion to Remand Mississippi Form

IN THE UNITED STATES DISTRICT COURT FOR THE       DISTRICT OF MISSISSIPPI       DIVISION       PLAINTIFF vs. CIVIL ACTION NO.             DEFENDANT MOTION TO REMAND Plaintiff,       , moves this Court for an Order remanding this case to the Circuit Court of       County, Mississippi, and awarding costs and reasonable attorney's fees to Plaintiff, and in support hereof shows this Court as follows: 1. This matter arises from an automobile accident which occurred on             ,       , wherein Plaintiff, a resident of       County, Mississippi, was injured in an automobile accident caused by the negligence and recklessness of the Defendant. 2. Plaintiff filed suit in the Circuit Court of       County, Mississippi, on             ,       , seeking a recovery of $       from and against Defendant. 3. Plaintiff has not amended his/her Complaint to seek recovery from and against Defendant for an amount in excess of $       . 4. As required by 28 U.S.C. § 1332(a) the amount in controversy, exclusive of interest and costs, does not exceed $       ; accordingly, Defendant's Notice of Removal is defective. 5. Pursuant to 28 U.S.C. § 1447(c), Plaintiff demands recovery from and against the Defendant for the costs of securing a remand of this case, including reasonable attorney's fees. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays this Court will remand this case to the Circuit Court of       County, Mississippi, assessing all costs against the Defendant, including Plaintiff's reasonable attorney's fees. Respectfully Submitted,       BY: ____________________________________       ATTORNEY FOR PLAINTIFF Of counsel:                         Telephone:       MSB #       CERTIFICATE OF SERVICE This is to certify that I,       , have this day served a true and correct copy of the foregoing via U.S. Mail, postage pre-paid and properly addressed to:       This the       day of       ,       . ________________________________