IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
MICHAEL B. BROOKS,
) CASE NO. 2:06-cv-764-MEF
(WO- Not for Publication)
SERVICES AMERICAS LLC, et al.,
In July of 2006, Plaintiff filed the Complaint in the Circuit Court of Montgomery
County, Alabama. (Doc. # 2, Compl.). On August 24, 2006, Defendant DaimlerChrysler
Financial Services Americas LLC (“DaimlerChrysler”) removed the action to this Court
invoking its subject matter jurisdiction pursuant to 28 U.S.C. § 1332. (Doc. # 1). In its
Notice of Removal DaimlerChrysler argued that the Plaintiff had failed to specify in the
Complaint the amount of damages in controversy and that the amount in controversy
exceeded the $75,000 threshold for the invocation of subject matter jurisdiction pursuant to
28 U.S.C. § 1332. Shortly after filing its Notice of Removal, DaimlerChrysler realized that
the Complaint in fact limited the amount of damages sought to $74,500 and concluded that
this Court lacked subject matter jurisdiction over this action. With the agreement of the
Plaintiff, DaimlerChrysler filed a Motion to Remand (Doc. # 1).
The Court agrees that it lacks subject matter jurisdiction over this action.
Case 2:06-cv-00764-MEF-DRB Document 5 Filed 08/30/2006 Page 1 of 2
Brooks v. DaimlerChrysler Financial Services Americas, L.L.C.
Accordingly, it is hereby ORDERED as follows:
1. The Motion to Remand (Doc. # 1) is GRANTED.
2. The above-styled lawsuit is REMANDED to the Circuit Court of Montgomery
3. The Clerk of the Court is DIRECTED to take all steps necessary to effect this
remand and close this file.
Done this the 30th day of August 2006.
/s/ Mark E. Fuller
CHIEF UNITED STATES DISTRICT JUDGE
Case 2:06-cv-00764-MEF-DRB Document 5 Filed 08/30/2006 Page 2 of 2