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Fill and Sign the Order and Reasons Granting 116 Motion to Remand for Form

Fill and Sign the Order and Reasons Granting 116 Motion to Remand for Form

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UNITED STATES DISTRICT COURT ______ DISTRICT OF LOUISIANA ______ DIVISION _____________ V. Civil Action, File No. ______ _____________ MOTION TO REMAND AMOUNT IN CONTROVERSY DOES NOT EXCEED $75,000.00, EXCLUSIVE OF INTEREST AND COSTS Plaintiff moves this Court for an order remanding the above-entitled action to ______ Judicial District Court, from whence the action was removed hereto, on the ground that plaintiff=s cause of action is not within the original jurisdiction of this Court, nor may the action, therefore, be removed hereto. The ground for this motion is that the amount in controversy does not exceed $75,000.00 exclusive of interest and costs, in that plaintiff =s action seeks unspecified damages as required in state court proceedings, however plaintiff avers that the amount in controversy does not exceed $75,000.00, as more fully set forth in plaintiff=s complaint filed herein. Dated _________________, 20___ _____________ Attorneys at Law _____________ ______, LA ______ (___)______ BY: ____________________________ _____________ UNITED STATES DISTRICT COURT ______ DISTRICT OF LOUISIANA ______ DIVISION _____________ V. Civil Action, File No. ______ _____________ ORDER REMANDING REMOVED ACTION TO ______ JUDICIAL DISTRICT COURT The motion of plaintiff _____________ to remand the above-entitled action to ______ Judicial District Court, from whence it came, having regularly come on t o be heard by this Court on 20 , and _____________, appearing as counsel for plaintiff, and _____________, appearing as counsel for defendant, and this Court having considered such motion, together with the stipulation of damages filed therewith, and all procee dings heretofore had herein, and having heard arguments of counsel, and it appearing to this Court that the a bove-entitled action was removed to this Court improvidently, this Court being without jurisdiction ov er the above- entitled action, since the amount of controversy does not exceed $75,000.00, exclusive of interest and costs, it, is, therefor, ORDERED that the above-entitled action be and it hereby is remanded to ______ Judi cial District Court. Done at On , 20 . ____________________________________ J U D G E UNITED STATES DISTRICT COURT ______ DISTRICT OF LOUISIANA ______ DIVISION _____________ V. Civil Action, File No. ______ _____________ STIPULATION NOW INTO COURT COMES, _____________ , through the undersigned counsel of record, who respectfully represents: It is stipulated herein by the plaintiff in this action that the am ount of damages that may be recovered in the case at hand be limited to $75,000.00, exclusive of interest and costs. Respectfully Submitted, ___________________________________ _____________

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