Benavides v. Homesite Insurance Company

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
CECILIA BENAVIDES,
Plaintiff,
§
§
§
§
§
§
§
v. 	CIVIL ACTION NO. 5:26-CV-21
HOMESITE INSURANCE COMPANY,
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is Plaintiff’s Motion to Remand, (Dkt. No. 3), for which United
States Magistrate Judge Brian C. Bajew provided a Report and Recommendation. (Dkt.
No. 8). In his report and recommendation, Judge Bajew recommends that the Court grant
Plaintiff’s Motion to Remand because the Court lacks subject matter jurisdiction under
28 U.S.C. § 1332, given that the amount in controversy requirement for diversity
jurisdiction is not satisfied. (Id. at 4).
Under 28 U.S.C. § 1332(a)(1), diversity jurisdiction exists where the amount in
controversy exceeds $75,000, and the parties are citizens of different states. 28 U.S.C. §
1332(a)(1). Since Plaintiff has stipulated to limiting her recovery to $74,999.99, the
amount in controversy requirement is not satisfied. Therefore, the Court lacks subject
matter jurisdiction under 28 U.S.C. § 1332. (Dkt. No. 8 at 4).
Pursuant to Federal Rule of Civil Procedure 72(b)(3), the Court reviewed the
report and recommendation for clear error. Moore v. Ford Motor Co., 755 F.3d 802, 808
(5th Cir. 2014). Finding none, the Court hereby ADOPTS IN WHOLE the report and
recommendation. Accordingly, Plaintiff’s Motion to Remand, (Dkt. No. 3), is GRANTED
and the case be REMANDED to the 49 th Judicial Court of Webb County, Texas.
It is so ORDERED.
SIGNED on June 15, 2026.
John A. Kazen
United States District Judge
United States District Court
Southern District of Texas
ENTERED
June 15, 2026
Nathan Ochsner, Clerk
Case 5:26-cv-00021 Document 9 Filed 06/15/26 in TXSD Page 1 of 1