Fill and Sign the Rebuttal to Defendants Reply to Motion to Remand Mississippi Form

IN THE UNITED STATES DISTRICT COURT FOR THE       DISTRICT OF MISSISSIPPI       DIVISION       PLAINTIFF vs. CIVIL ACTION NO.             DEFENDANT REBUTTAL TO DEFENDANT'S REPLY TO MOTION TO REMAND Plaintiff,       , submits this Rebuttal to Defendant's Reply to Plaintiff's Motion to Remand and in support hereof shows this Court as follows: 1. Attached hereto as Exhibit "       " is the affidavit of Plaintiff wherein she indicates that she will not accept damages in excess of the jurisdictional limit, provided this proceeding is remanded to the Circuit Court of       County, Mississippi. 2. Based upon the authority of this Court's holding in Barker v. John Deere Ins. Co. , 932 F.Supp. 785 (S.D. Miss. 1996), Plaintiff respectfully requests this Court remand this case to the Circuit Court of       County, Mississippi. Plaintiff withdraws his/her request for attorney's fees and costs as set forth in his/her Motion to Remand. 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       ,       . ________________________________       IN THE UNITED STATES DISTRICT COURT FOR THE       DISTRICT OF MISSISSIPPI       DIVISION       PLAINTIFF vs. CIVIL ACTION NO.             DEFENDANT AFFIDAVIT OF       STATE OF MISSISSIPPI ss.       COUNTY OF       Before me the undersigned Notary Public in and for said jurisdiction personally appeared the within named       , who, after having been duly sworn did depose and state as follows: 1. My name is       and I am an adult resident of       County, Mississippi, over the age of twenty-one (21). 2. I have personal knowledge of all facts stated herein. 3. I am the plaintiff in the captioned suit. 4. I am seeking a recovery of and from the defendant for injuries and damages resulting from a             ,       , automobile accident proximately caused by the negligence and recklessness of the defendant, wherein the defendant       . 5. The defendant's negligent, wanton and reckless conduct proximately resulted in personal injuries to my person and have caused me pain, suffering and emotional distress. 6. I have asked for a total recovery against the defendant for all damages in the amount of $       . I will not seek to enforce the amount of the final judgment against the defendant,       , for the amount thereof which exceeds $       , provided this case is remanded by this Court to the Circuit Court of       County, Mississippi. _________________________________________       Sworn to and subscribed before me this the       day of       ,       . _________________________________________ NOTARY PUBLIC My Commission Expires:       Exhibit "       ”