NICHOLS et al v. STATE FARM FIRE AND CASUALTY COMPANY et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
FRANKLIN NICHOLS, et al., 	:
:
Plaintiffs, 	:
:
v. 	: 	CASE NO.: 7:25-CV-00139 (WLS)
:
STATE FARM FIRE AND 	:
CASUALTY COMPANY, et al., 	:
:
Defendants. 	:
:
ORDER
Before the Court is Plaintiffs’ Motion to Remand (Doc. 12). Plaintiffs ask the Court to
Order the above-styled action, in its entirety, remanded to the Superior Court of Brooks
County, Georgia wherein the action was originally filed on the grounds that the Court lacks
diversity subject matter jurisdiction. (Doc. 12). Defendant agrees that this action should be
remanded to the Superior Court of Brooks County. (Doc. 15). And Plaintiffs stipulate that the
damages they allege and seek in this action do not exceed $75,000. (Doc. 16).
Plaintiffs move the Court to remand their claims to the Superior Court of Brooks
County Georgia contending that the Court lacks jurisdiction to hear the claims. (See Doc. 12).
Federal courts are courts of limited jurisdiction. District courts may hear cases only in which
there has been either a constitutional or congressional grant of jurisdiction. Morrison v. Allstate
Indem. Co., 228 F.3d 1255, 1260–61 (11th Cir. 2000). Generally, a defendant may remove a civil
action in instances where the federal court would have had original jurisdiction. 28 U.S.C. §
1441(a)-(b). Under 28 U.S.C. § 1447(c), however, the Court must remand any action in which
the Court lacks subject matter jurisdiction. All doubts about jurisdiction should be resolved in
favor of remand to state court, “because removal jurisdiction raises significant federalism
concerns.” Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 411 (11th Cir. 1999) (citing
Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108–109 (1941)).
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Congress has granted federal district courts jurisdiction to hear cases between citizens
of different States and which involve an amount in controversy exceeding $75,000. 28 U.S.C.
§ 1332. “Dismissal of a case brought under 28 U.S.C. § 1332 is proper where the pleadings
make it clear ‘to a legal certainty that the claim is really for less than the jurisdictional amount.’”
Leonard v. Enterprise Rent a Car, 279 F.3d 967, 972 (11th Cir. 2002) (quoting St. Paul Mercury
Indem. Co. v. Red Cab Co., 303 U.S. 283, 289 (1938)). Because Plaintiffs stipulate that damages
do not exceed $75,000, the pleadings make it clear to a legal certainty that the claim is really
for less than the jurisdictional amount.
For the reasons explained above, Plaintiffs’ Motion (Doc. 11) is GRANTED. The
above-styled action is REMANDED in its entirety to the Superior Court of Brooks County,
Georgia.
SO ORDERED, this 3rd day of December 2025.
/s/ W. Louis Sands
W. LOUIS SANDS, SR. JUDGE
UNITED STATES DISTRICT COURT
Case 7:25-cv-00139-WLS Document 18 Filed 12/03/25 Page 2 of 2